Group Purchasing Organization (GPO) Sign Up

Date

Date

On Behalf Of

Business name

Terms

I am an authorized agent, owner, or employee of the above Business and I authorize StreetSmart (“SS”) and Foodbuy, LLC, to enroll the Business in the Foodbuy Foodservice (“FBFS”) purchasing program operated with StreetSmart (hereinafter referred to as SS powered FBFS program). I further acknowledge and accept the terms of this letter of participation and confirm that, to the best of its knowledge, all information provided is correct. If SS or FBFS should discover that the information provided is not correct, SS or FBFS has the right to terminate the participation of Business in the SS powered FBFS program on written notice.

Business shall disclose any current programs it desires to continue through a direct agreement with a manufacturer/vendor and acknowledges that it will not be allowed to participate in any SS powered FBFS programs relating to those direct programs. Business agrees to provide information about direct agreements to SS and FBFS as part of quarterly business reviews for the SS powered FBFS program to track changes in Business direct agreements. SS or FBFS will notify you if it discovers that a direct agreement exists that was not disclosed. Upon receipt of notification, Business agrees to notify SS and FBFS within five (5) business days as to which program will be retained and which will be cancelled. Business further agrees to repay to FBFS any amounts Business collects from SS powered FBFS programs if a direct agreement exists for the same products.

The business represents that it is a client of StreetSmart and authorizes StreetSmart and Foodbuy, LLC to share information about the participation of Business in the SS powered FBFS program, including purchasing data and allowance information as a result of Business purchases.

By signing this application, Business authorizes its distributors to release all purchase history, including price deviation, sales dollars, and product-level data to StreetSmart and Foodbuy LLC for the purpose of allowance tracking and opportunity analysis. Additionally, Business authorizes SS powered FBFS to collect allowances, and other amounts, as a result of purchases Business makes from manufacturers and distributors that have agreements with FBFS. Business acknowledges that FBFS will incur expenses to operate the FBFS program for Business and that FBFS will retain 40% of the allowances as part of its compensation for program administration. Of the remaining 60% of allowances, 40% will be paid to Business with 20% retained as an administrative fee by SS to provide program operational support, contract management and allowance billing, collection and distribution. SS or FBFS will provide Business with reporting to show your earnings per location. Business agrees that those reports and content of the reports, including, but not limited to, allowance information and rates, item prices, and allowance share arrangements with SS and FBFS (the “Foodbuy Data”) are the confidential and proprietary information of Foodbuy. Business may only use the Foodbuy Data for internal business purposes associated with this letter of participation. Business agrees that it shall not disclose the Foodbuy Data to any third party without Foodbuy’s prior written consent. Business agrees to release, indemnify and hold harmless distributors, SS and Foodbuy from any and all claims and liability that may arise as a result of the participation of Business in the SS powered FBFS program. Both parties are free to cancel the agreement at any time with 90 days prior written notice. All rebates will be paid through the end of the cancellation period, based on the data received from distributors.