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LiquidationShops.com Store Owner Agreement
The following are the terms and conditions of participating in the LiquidationShops.com Store Owner Program. "Store Owner" or "Member" refers to you and "LiquidationShops.com" refers to us. "Site" means a World Wide Web site and, depending on the context, refers either to LiquidationShops.com site, located at the URL www.LiquidationShops.com, or to any site that you will link to our site (and which you will identify in your Program application).
LiquidationShops.com reserves the right to amend this agreement as needed from time to time. It is agreed that any such amendment will apply to the Store Owner. By accepting commissions and or continuing use of LiquidationShops.com products, Store Owner agrees to these amendments.
SPAM Policy
Sending any email on any subject to anyone or any organization that has not requested this information specifically by requesting it directly or by giving their permission for you to send them information. We do not tolerate Store Owners sending junk email. Due to the nature of our service, you may be tempted to seek to profit from mass emails. Be advised: You may not send unsolicited email. Emails are much more effective when sent to groups in an email newsletter or other participating in a group program. A "warm" approach builds more loyalty and commitment to our program.
Sending junk email advertising your Store Owner site or including any of our Web site addresses (including your Store Owner site) in the body of the message is cause for that account's immediate and permanent termination, including any and all Store Owner commissions.
We accept and log spamming complaints at our home office. The accumulation of 5 or more complaints to any single email account is grounds for termination.
If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our Web sites to be interrupted from normal service, you will be held liable for damages and loss of business.
Participation in the Program
Your participation in the Program is allowed in good faith that you are representing the offers and savings correctly. We may terminate your Store Owner membership at any time if we determine (in our sole discretion) that your representation and sites where you are advertising are unsuitable for the Program. Unsuitable sites include those that:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights
If we terminate your membership for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
Policies and Pricing
As a Store Owner, you hereby understand and agree that your monthly hosting and marketing charges will be billed to the credit card that you used to register for the opportunity, or to any card which you have subsequently provided to the company as an update to your account information. The monthly fees vary based upon your level of participation, and with notice, are subject to change at the company's discretion. For Store Owners that participated in any promotional registration campaigns in which a period of free hosting was provided at the time of registration, upon expiration of the free hosting period, a $29.95 monthly fee will apply for as long as each respective store remains active.
Customers who join as members or Store Owners through this Program will be deemed to be customers of LiquidationShops.com. Accordingly, all LiquidationShops.com rules, policies, and operating procedures, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Limited License
We grant you a nonexclusive, revocable right to use such text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating membership and Store Owner sign-ups. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
Responsibility for Your Marketing
You are solely responsible for the development, marketing, promotion, of your Program Store Owner sites. The success of your marketing efforts as reflected in the number of sales and Store Owner sign-ups may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carries no guarantees of results. For example, you will be solely responsible for:
- The accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your marketing efforts.
Store Owner Commission Payout
We will pay your Store Owner commissions on a monthly basis. Approximately 30 days following the end of each month we will send you a check for the Store Owner commissions earned. However, if the Store Owner commissions earned for any given month are less than $100, we will hold payment until the total amount due is at least $100, accumulating in your account, or, if earlier, this Agreement is terminated. In calculating Store Owner commissions, we will deduct the corresponding Store Owner commission if any transaction is returned for any reason. It is your sole responsibility to insure the correctness of your contact information. Checks will be mailed to the contact information contained in your account. Although the Store Owner Program is not limited to the United States of America, all payments will be made in U.S. dollars. We are not responsible for lost commission checks due to outdated or incorrect information in your account. All tax liabilities incurred due to commission payments are your sole responsibility. LiquidationShops.com will provide tax statements required by current tax code.
Other
- Store Owner may not use their knowledge, or association with other Store Owners to compete against LiquidationShops.com. Also, Store Owners may not enter into agreement with any company who has ties to the travel, and retail industry.
- Store Owner agrees that a LiquidationShops.com Store Owner is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of LiquidationShops.com. Store Owner further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of LiquidationShops.com.
- Applications for Store Owner status are subject to approval by LiquidationShops.com.
- Store Owner must be of the age of majority in his/her state or country.
- Store Owner will be issued an "Store Owner Link", or unique URL, which allows LiquidationShops.com to identify visitors from Store Owner site as originating from Store Owner. These visitors are tracked with this unique URL and sales are recorded with the appropriate Store Owner ID. To receive commissions, Store Owner must use the provided Store Owner Link. The URL may be in various forms such as a banner, image, or text link.
- Store Owner is solely responsible for insuring that their Store Owner Link is set up properly to qualify for commissions.
- LiquidationShops.com is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish service.
- Store Owner shall follow LiquidationShops.com advertising guidelines and agrees not to misrepresent LiquidationShops.com products or services.
- LiquidationShops.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if LiquidationShops.com has been advised of the possibility of such damages. LiquidationShops.com aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by LiquidationShops.com under this agreement.
- LiquidationShops.com makes no warranties expressed or implied with regard to Store Owner Program except as outlined in this Agreement.
- In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
- This Agreement will be governed and construed, to the extent applicable, in accordance with Utah law. The parties hereto consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah or the United States Federal District Court located in Salt Lake City, Utah. The Parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.
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