|
Go here for Exhibit A - Partner Buy Rates
In this agreement, the term "Participant" or "Partner" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link Merchant-Store.com. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Merchant-Store.com/Texas Internet Services and the term "product" refers to all of our Merchant Services. You can add or remove links at any time: You may add as many links to Merchant-Store.com, or remove such links, at anytime and without prior approval from Merchant-Store.com/Texas Internet Services. Commission Qualifying Product: Product sold by Merchant-Store.com/Texas Internet Services originating from a special link at your sponsoring website qualify to earn you commission fees. The following Product will be considered "qualifying Product": Product that meets the following criteria: Product sold to customers who follow a special link from your sponsoring website to our site and submit that order by using Merchant-Store.com order forms. Commission Fee Amount: (Please see Exhibit A) The Partner will be extended a buy rate for services as specified in the attached Exhibit A that Partner may markup for a profit. Only qualifying Product that are sold by Merchant-Store.com/Texas Internet Services, deployed to a customer and for which Merchant-Store.com/Texas Internet Services has received full payment will qualify for a commission fee. The commission fee for any given transaction will be determined by the difference between the Partner's buy rate and the actual amount charged to the client. Commission Fee Payment: Merchant-Store.com/Texas Internet Services will send a commission fee check for the applicable commission fees on approximately the 20th of each month for the previous months approved sales. Order Processing:Merchant-Store.com/Texas Internet Services will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Merchant-Store.com's online order form or secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Merchant-Store.com/Texas Internet Services. All of the rules, operating procedures and policies of Merchant-Store.com/Texas Internet Services regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Merchant-Store.com/Texas Internet Services reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: Merchant-Store.com/Texas Internet Services will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. Merchant-Store.com/Texas Internet Services will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in real-time with a special URL that they are assigned. Promotional Techniques: You are free to promote the link to Merchant-Store.com/Texas Internet Services in all the ways possible excluding inappropriate Internet marketing techniques. Examples of acceptable ways to promote the product are: through banners, email to member lists, newsletters for subscribers or your client base. No unsolicited email may be sent. If you use SPAM (in any way, shape or form, including email and newsgroup spamming), your account will be immediately terminated! Any sales generated for the month that you were terminated in will NOT be paid and will be property of Merchant-Store.com/Texas Internet Services. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Merchant-Store.com/Texas Internet Services will not be responsible if you use another party's copyrighted material in violation of the law. Merchant-Store.com/Texas Internet Services policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Merchant-Store.com/Texas Internet Services. The Participant does not have the authority to make or accept any offer on behalf of Merchant-Store.com/Texas Internet Services. All Merchant-Store.com/Texas Internet Services policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Merchant-Store.com/Texas Internet Services is not responsible for any representations made by the Participant which contradict our policies. Product prices and availability: The price charged for every product sold under this program will be determined by the Partner but must be less than the current price cap to be determined by Merchant-Store.com/Texas Internet Services according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Merchant-Store.com webpage linked from your sponsoring website. Product availability can change, and Merchant-Store.com/Texas Internet Services will present the best information available to all sponsoring sites and its clients regarding product availability. Website service interruption: Merchant-Store.com/Texas Internet Services will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Merchant-Store.com/Texas Internet Services liable for any of the consequences of such interruptions. Term of the Agreement: The Participant may receive commission fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Merchant-Store.com/Texas Internet Services, and shall end when canceled by either party as provided below. Commission Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the Product are not returned or canceled from their orders. Payment of the final commission fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: Merchant-Store.com/Texas Internet Services reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Cancellation of this agreement: Either Merchant-Store.com/Texas Internet Services or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Warranty Disclaimer: Merchant-Store.com/Texas Internet Services makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Merchant-Store.com/Texas Internet Services then current product sales policies, any Product sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of product of performance, product of dealing or usage of trade. Limitation of Damages: Merchant-Store.com/Texas Internet Services shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Merchant-Store.com/Texas Internet Services has been advised of the possibility of such damages. Further, Merchant-Store.com/Texas Internet Services aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commission fees paid or payable by Merchant-Store.com/Texas Internet Services to Participant under this agreement. Miscellaneous: Participant and Merchant-Store.com/Texas Internet Services are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Merchant-Store.com/Texas Internet Services. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles. Merchant-Store.com, Partner
Agreement,
|