Golden Tee LIVE™
Version 9/16
Page 87
© Copyright Incredible Technologies, Inc. All Rights Reserved. Unauthorized duplication is a violation of applicable law.
All other marks are the properties of their respective owners. All rights reserved.
ITNET™ OPERATOR AGREEMENT
IMPORTANT!!
THIS
DOCUMENT
MUST
BE
SIGNED
AND
ON
FILE
WITH
INCREDIBLE
TECHNOLOGIES
FOR
YOUR
GOLDEN
TEE
LIVE
AND
SILVER
STRIKE
LIVE
MACHINES
TO
RECEIVE
ONLINE
FEATURES
OR
TO
RECEIVE
TECHNICAL
SUPPORT
FOR
THEM.
This AGREEMENT is made and entered into this ______ day of ____________, 20__, by and between Incredible
Technologies, Inc. ("IT"), an Illinois corporation, whose address is 200 Corporate Woods Parkway, Vernon Hills,
IL 60061, and, _______________________________________________ (“OPERATOR”), whose address is:
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
WHEREAS, IT is skilled in the design of hardware and software relating to coin-operated video games, and;
WHEREAS, OPERATOR is skilled in the operation and management of coin-operated video games and
represents that it is in the business of operating and managing the same.
NOW THEREFORE, for and in consideration of the mutual promises herein and other valuable consideration, the
parties agree as follows:
1.
APPLICATION.
This Agreement shall apply to the operation of all games (“TGAMES”) that are capable of connecting to IT’s
Incredible Technologies Network (“ITNET”) that Operator elects to register with the ITNET for the purpose of
obtaining additional services and/or enabling additional game play features. It shall also apply to the operation of
all IT games owned and operated by OPERATOR which are not online (“UGAMES”) as set forth below.
2.
IT
OBLIGATIONS.
IT agrees to do the following:
A. Administer the ITNET and offer contests on a regular and periodic basis throughout the year, and allow
OPERATOR’S TGAMES to be included in such contests provided that OPERATOR has complied with all ITNET
rules and regulations, which are subject to change at IT’s sole discretion without notice, and this Agreement;
B. Be responsible for payment and distribution of all IT sponsored contest prizes;
C. Provide technical support to technical representatives of OPERATOR in the installation and maintenance of
TGAMES, in their connection to the ITNET, and in the installation and maintenance of UGAMES as set forth in
sales agreements and accompanying manuals and warranties;
D. Fax, mail, email or otherwise make available billing statements to OPERATOR at least 4 business days prior to
the date of automatic debiting of amounts owed to IT for ITNET related fees;
E. Provide usual and customary accounting and related services for ITNET fees, prizes, IRS 1099 reporting, and
the like;
F. Warrant TGAMES and UGAMES for 90 day replacement for defects in materials and workmanship;
G. Pay all money, if any, owed to OPERATOR timely when due, as determined by IT in its sole discretion;
H. Use its best reasonable efforts to positively promote the ITNET program.
3.
OPERATOR
OBLIGATIONS.
OPERATOR agrees to do the following:
A. Operate all TGAMES ITNET and UGAMES according to the terms of this Agreement, including adherence to
the terms and conditions of the ITNET for games connected to the ITNET;
B. Fill out and submit Game Initialization Forms, Game Registration Forms, Debit Account Forms, and such other
forms as IT may require from time to time;
C. Comply with the rules and regulations of the ITNET, which are subject to change at IT’s sole discretion without
notice, and report non-compliance or cheating on ITNET rules should this become known to OPERATOR;
D. Provide prompt and courteous technical support and service to locations where the TGAMES and UGAMES
have been placed in service;
E. Pay all money owed to IT, including but not limited to any and all ITNET fees incurred on games registered to
Operator’s account, by depositing such amounts in the account that OPERATOR sets up under the Debit Account
Form prior to the date that the account will be automatically debited;
F. Only operate TGAMES and/or UGAMES at locations where OPERATOR has used its best, good-faith efforts to
determine that the operation of TGAMES and/or UGAMES and related game play features are in compliance with
all local, state, and other governmental body laws and regulations;
