Skip to Content

2017-2018 Affiliate Application and Participation Agreement

This form is to be completed by the company representative. Submission of the form acknowledges support of a company's inclusion in the ACT Ally program.

This Participation Agreement (the “Agreement”) is between the Texas State University Achieving Community Together program [ACT] and ________  [Business Name], which hereafter will be referred to as the Affiliate [Affiliate].

ACT Ally connects students to the rental housing industry through those who promote a healthy living environment plus demonstrate fair and equitable business practices in the delivery of affiliated services and products. As a participant in the ACT Ally program, you are included in a select group to help students and parents make more informed decisions when choosing off campus housing.

 

Benefits of Participation

 

Campus and community presence, including:

  1. Participation in the Fall Flier Fair and the Texas State Spring 2018 Off-Campus Housing Fair.
  2. Listing in a full page ACT advertisement in the Texas State Guide to Living Off-Campus.
  3. Personalized advertisement in the Texas State Guide to Living Off-Campus (Half page for Affiliates).
  4. Advertisement on ACT placard or other marketing materials displayed at all Chat ‘n Chew during long semesters.
  5. One (1) Chat ‘n Chew per each long semester.
  6. Advertisement on ACT placard displayed at Spring and Summer New Student (Transfer) Orientation.
  7. Inclusion in ACT marketing materials, presentations, and information provided to parents via the Texas State Parent and Family Relations Association and Bobcat Day.
  8. Listing in ACT link on Housing and Residential Life webpage plus ACT posters in residence halls.
  9. Listed on Texas State University and City of San Marcos ACT web pages.
  10. Official ACT Ally participant certificate to display.
  11. ACT brochures and informational handouts.
  12. Use of the membership with the ACT Program for advertisement, including use of ACT trademark, for members in good standing.
  13. Direct access to Texas State and City of San Marcos staff for assistance and referrals to available resources.
  14. Inclusion in information disseminated to Residence Hall students preparing to move off campus.

Participation Criteria

Participation in the ACT Ally program requires the Affiliate to be a product or service business that supports the rental housing industry.  Examples are property management, locator services, furniture rental, utility bill management, insurance companies, storage, movers, etc.

 

  1. The Affiliate is required to comply with the applicable provisions.  Failure to comply may result in the business losing its participant status without refund and being prohibited from joining the ACT Ally program for a full calendar year.  It is understood and accepted by all parties to this agreement that a representative must:
    1. Actively engage in the ACT Ally program during the previous program year.  This includes attendance at ACT Ally Quarterly meetings, inclusion of ACT logo on websites, printed materials, displaying the ACT membership logo at the business and no use of the abbreviation “TSU” to represent Texas State University.
    2. Promote a healthy living environment through community awareness, responsibility, cooperation and good neighbor practices.
    3. Use marketing strategies, advertisements, webpage or social media postings that do not include excessive alcohol consumption or behavior disruptive to other tenants or neighbors. 
    4. Use promotional materials that do not infer alcohol consumption such as red cups, bottle openers, ping pong balls, shot glasses, alcohol logos, etc.
    5. Prohibit alcohol furnished by management or staff at on-site gatherings.
    6. Actively promote responsible alcohol consumption at off-site events if sponsored by management (i.e. restaurants, bars).
    7. Reply within three (3) business days to San Marcos Police Department noise violation notifications and take action as needed.
    8. Take reasonable and prompt action to prevent or reduce disputes or conflicts.
    9. Collaborate with ACT, Texas State, City officials and/or the Central Texas Dispute Resolution Center to assist in handling conflicts or disputes that cannot be resolved between the property owner/manager and a tenant.
    10. Attend at least one of the Fall and one of the Spring semester ACT Ally Quarterly meetings.
    11. Abide by University policy for soliciting on campus, branding, and trademarks.  

 

Participant Evaluation Criteria

  1. Active engagement in the ACT Ally program during the previous program year.  This includes attendance at ACT Ally Quarterly meetings, inclusion of ACT logo on websites, printed materials, displaying the ACT membership logo at the business and no use of the abbreviation “TSU” to represent Texas State University.
  2. Marketing strategies, advertisement, websites or social media postings do not included excessive alcohol consumption or behavior disruptive to other tenants or neighbors.
  3. Cooperation with City of San Marcos and/or Texas State resolving noise violations, complaints or conflicts.
  4. Compliance with university policy for solicitation on campus.
  5. No pattern of unresolved complaints of unfair or inequitable business practices including treatment of lease holders displaced by any delay in new construction or renovation resulting in a property not being ready for occupancy on an agreed upon date.
  6. Alcohol not furnished by management or staff at on-site gatherings and events.  Promotional materials exclude red cups, bottle openers, ping pong balls, shot glasses, alcohol logos, and the like.
  7. Actively promote responsible alcohol consumption at off-site events if sponsored by management (i.e. restaurants, bars).
  8. Property management responds to San Marcos Police Department noise violation notices and takes action as needed.
  9. No significant event or practice has brought discredit on the ACT Ally program, Texas State University, and/or the City of San Marcos.
  10. Collaboration with ACT, Texas State, City of San Marcos and/or Central Texas Dispute Resolution Center to resolve disputes.
  11. Managers/businesses demonstrate a pattern of fair and equitable business practices.
  12. Legitimate complaints addressed in a timely manner.
  13. Tenants provided with the ACT Ally Tenant Education Disclosure Page at time of lease signing.
  14. Compliance with university policy for solicitation on campus.
  15. Property scores at least 80% compliance on crime prevention survey.

 

Participation Period and Annual Dues

The participation period begins July 1, 2017 and ends June 30, 2018. The Affiliate fee is $750.00 a year. Annual dues are not pro-rated. Payment can be made via check or money order made payable to Texas State University and mailed to: Department of Housing and Residential Life, Attention: Margaret Yackel, 601 University Drive, San Marcos, Texas 78666. Or delivered in person to: Department of Housing and Residential Life Office, Margaret Yackel, 515 N. Comanche St., San Marcos, Texas 78666.

September 1, 2017 is the deadline for Members and Affiliates to join or renew and qualify to attend the Fall Flier Fair and Texas State Spring 2018 Off-Campus Housing Fair.

Termination and/or Removal from ACT Program

An Affiliate may resign as a member of ACT at any time after providing written notice to ACT.  Upon resignation, such Affiliate shall no longer be bound by the provisions of this Agreement.  If the termination occurs within 30 days of signing this agreement, a full refund will be issued. No refund will be given for terminations later than 30 days from the date this agreement is signed. The Affiliate will be ineligible to rejoin ACT for one year after termination.

An Affiliate may be involuntarily removed from the ACT program if they are found to have significantly violated any of the Participation Evaluation Criteria. The ACT Committee reserves the right to review any and all violations, and to decide in its sole opinion if such violation warrants removal of the business as an Affiliate. If a decision is made to remove the Affiliate, no refund will be issued. Affiliate agrees to immediately cease and desist with any and all marketing efforts and materials utilizing the ACT and/or Affiliate affiliation, logo, and trademark.

Permission to Use Name

Affiliate hereby grants ACT permission to use its name publicly in connection with the routine activities of ACT and in press releases issued by ACT and Texas State University.

 

Representations & Conditions

Affiliate represents and warrants that it has the full power and authority to enter into and perform this Participation Agreement.

 

Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or other provisions of this Agreement.

No Assignment. This Agreement shall be binding upon the parties, respective affiliates, heirs, executors, administrators, assigns, agents and representatives, but shall not be capable of assignment without the prior written consent of ACT.

Applicable Law. This Agreement shall be deemed a contract made under the laws of the State of Texas and together with the rights and obligations of the parties hereunder, shall be construed under and governed by the laws of such state, without giving effect to its conflict of laws principles.

IN NO EVENT WILL ANY AFFILIATE BE LIABLE TO ANOTHER AFFILIATE OR ACT, OR ACT TO ANY AFFILIATE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PARTICIPATION IN ANNUAL CRIME PREVENTION SURVEY DOES NOT INDICATE THAT AN ALLY IS IN COMPLIANCE WITH ALL STATE AND CITY CODES, ORDINANCES, AND/OR LAWS.

PARTICIPATION IN AN ANNUAL CRIME PREVENTION SURVEY DOES NOT WARRANT THAT AFFILIATE IS FREE OF POTENTIAL DANGERS OR THREATS.

Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and discussions relating to the subject matter hereof.

 

 

By providing your name, date and selecting the “submit” button, you agree your electronic signature is the legal equivalent of your manual signature.