again the most minor of normally overlooked clauses have saved our collectives asses when things turn rough with a particular client. Proposal Kit IS the reason we are still in business; a PROFITABLE BUSINESS after all these years."
NOTICE OF AFFILIATE VAR AGREEMENT TERMINATION current date company name address address city state or province zip or postal code Phone. phone number Fax. fax number
Re. Affiliate or VAR Agreement Dear salutation last name The purpose of this letter is to give you formal notice in accordance with the termination notice requirements in our agreement of our intent to terminate our affiliate agreement with you. Termination shall be effective effective date and all remaining monies owed under our agreement shall be paid by Insert final payment terms here We appreciate our past business dealings with you and wish you well in the future. Should you have any questions concerning this termination please contact Insert contact information Sincerely first name last name job title
NOTIFICATION OF TERMINATION OF SERVICES current date company name address address city state or province zip or postal code Phone. phone number Fax. fax number
Re. Notification of Termination and Suspension of Services Dear salutation last name As per our previous notifications see attached this notification is to inform you that your account with us has now been suspended for being more than days past due for the month of current month and in the amount of amount cost value. All access to company services as per our service agreement has now been suspended. Further you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if you do not immediately take care of the delinquent balance we will have no choice but to refer this matter to legal counsel for appropriate action. If you have any questions please contact us at phone number. Your immediate attention to this matter is appreciated.
Sincerely first name last name job title enclosure
company name RESELLER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as VAR or Reseller and company name hereafter referred to as Company The purpose of this Agreement hereafter referred to as the Agreement is to precede longer term contract arrangement under which company name will provide Reseller services on behalf of company name. Agreements As service the standard VAR agreement with the Company is provided below.
1. Right to Resell. Subject to the terms and conditions of this agreement Company grants the VAR non exclusive right to resell its products and services to the VARs customers. 2. Representation. The VAR shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. The VAR shall conduct business in its own name and shall not represent itself as an employee or agent of the Company. Prospects may be registered with the Company and will be protected for days. This protection may be renewed at the Companys discretion for further days. 3. End User Pricing. End User pricing and VAR Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of the Company. 4. Compensation.
Terms of payment are C. O. D. unless credit approval has been granted by the Company. If credit approval has been granted credit terms are net days upon receipt of invoice. The Company reserves the right to revoke any credit extended if payment is in arrears or delinquent for more than days. 5. Non Disclosure. Proprietary Information exchanged here forth shall be treated as such by the VAR and held in the strictest of confidence. This information shall include but not be limited to the provisions outlined in this agreement product and services information pricing source code company practices methodology and procedures. The VAR further agrees to not distribute decompose disassemble decode or reverse engineer any Company program delivered to the VAR or any portion thereof without prior written approval of the Company. 6. Transfer of Rights. The VAR may not assignor transfer this agreement in whole or in part without the prior written consent of the Company. In the event that the VAR contemplates whole or partial sale of its business ownership change or change in its jurisdiction the VAR shall notify company name by mail facsimile or email no less than days prior to the effective date of the event. 7. Term of Agreement. The term of this agreement is twelve months from the date of execution by the Company. This agreement shall be continuously renewed every twelve months unless the VAR notifies the Company in writing thirty days prior to the expiration date.
8. Termination. The Company may terminate this agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the agreement upon receipt of written notice from the Company of said failure appointment of Receiver or upon the filing of any application by the VAR seeking relief from creditors upon mutual agreement in writing of the Company and VAR. 9. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 10. Indemnification. The VAR shall indemnify and hold the Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against the Company directly or indirectly arising from or in connection with VARs marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this agreement by the VAR. 11. Limited Warranty.
The Company warrants that the product will substantially perform the functions or generally conform to the specifications published by the Company for the product. If it is determined that the product does not operate according to such documentation the Companys only responsibility will be to use reasonable efforts consistent with industry standards to cure the defect. 12. Force Majeure. Neither party shall be held responsible for delay or failure in performance hereunder caused by acts of nature strikes embargoes fires war or other causes beyond their reasonable control. 13. Binding Effect. If any provision of this agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This agreement and any disputes arising hereunder shall be governed by the laws of state or province state without regard to conflicts of law principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this agreement shall not operate as waiver of any such right or power.
Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Reseller Initials Company Initials
company name AFFILIATE TERMS AND CONDITIONS The purpose of this Agreement hereafter referred to as the Agreement is to set forth company names Affiliate Terms and Conditions. Terms and Conditions This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of company name and the establishment of links from your affiliate web site to our web site web site domain URL. As used in this Agreement we us. our or Company means company name and you or your means the Affiliate and Product means any and all items offered for sale by us on the company name web site. THIS IS LEGAL AGREEMENT BETWEEN YOU AND company name. BY CLICKING THE AGREE BUTTON ON THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. 1. Enrollment in the Affiliate Program. To begin the enrollment process you will submit completed Affiliate Application via our web site. Once your application has been approved you will receive your affiliate code and password to allow you to start marketing the Company products. We may reject your application if we determine in our sole discretion that your site is unsuitable as an Affiliate for any reason including but not limited to if your site incorporates images or content that is in any way unlawful harmful threatening defamatory obscene; harassing or racially ethically or otherwise objectionable; such as sites that facilitate illegal activity; depict sexually explicit images; promote violence; promote discrimination based on race sex religion nationality disability sexual orientation or age; promote illegal activities or incorporate any materials that infringe or assist others to infringe on any copyright trademark or other intellectual property rights collectively Content Restrictions 2. Using Our Links on Your Site. Link means hyperlink to the Company web site that is copied and pasted from your individual password protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
As an affiliate site Affiliate Site we will make available to you banners button links to our web site and or text links to our web site containing Company logo and words identifying Company. In using the links you agree that you will take full responsibility in maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter modify or expand the links in any way without our written consent. Each link connecting users of your web site to our web site will in no way alter the look feel or functionality of our web site. We have the right in our sole discretion to monitor your web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. Affiliate should place the appropriate copyright and trademark notices. You are allowed to use the prices of the Company products on your web site but you are responsible for keeping your information on pricing up to date as Company from time to time will post specials discounts or change product pricing in their sole discretion. 3. Order Processing. We will be responsible for providing all information necessary to allow you to make appropriate links from your web site to our web site. However all links must be approved by Company. We will process orders placed by customers who follow the links from your web site to the Company web site. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish. We will be solely responsible for all aspects of order processing and fulfillment including order entry payment processing shipping and handling cancellations returns and related customer service. We will track the volume and amount of sales generated by your web site and will make unaudited reports available for your review through your affiliate account on our web site. The form content and frequency of the reports may vary from time to time to our discretion. To permit accurate tracking reporting and fee accrual you must ensure that the links between your web site and our web site are properly formatted. It is your sole responsibility to ensure that the links that you have placed on your web site are always working properly. 4. Commissions. Commissions Commission Rate on trackable online sales are paid on net sales i. e. the net is the remaining amount after any of these deductions. sales tax duty shipping handling credit card fees and similar charges and not including any portion of payment made through the redemption of gift certificates coupons or credits. The Commission Rate is subject to change at any time or from time to time in our sole and absolute discretion. You will be notified of any change in the Commission Rate. Commissions will also be reduced for amounts due to credit card fraud bad debts cancellations charge backs and credits for returned goods. commission will be paid only if the visitor to our web site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our web site cannot be tracked by our system.
Affiliate and Net Sales Percentage 1 Insert 1st tier Commission Policy or Structure Here 2 Insert 2nd tier Commission Policy or Structure Here The above fee schedule is subject to change without notice. Our cookies are non expiring so repeat visitors that do not come directly from your web site will still count toward your commissions if the cookie is not otherwise removed by the user. For sale to generate commission the customer must follow the link from your web site to our web site purchase the Product or Products in question using our online ordering system accept delivery of the item at the shipping destination and remit full payment to us. 5. Commission Payment. Commissions on sales are paid on net sales actually collected from customers. Orders are not eligible for commission due to credit card fraud bad debts cancellations charge backs and credits for returned Products. If commission has been paid the commission will be deducted from future commissions. Commissions will be paid days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time in our sole and absolute discretion. You will be notified of any change in the Commission base. All commissions payments are made through PayPal. com unless special arrangements are made for affiliates who do not have access to PayPal. com.
You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program. Company shall not withhold any taxes of any kind from your commission checks. Company is not responsible for resending lost or missing payments past days from payment date. 6. Reports of Sales. You will be given password and have the ability to enter password protected web site to receive your sales statistics on daily basis. 7. Policies and Pricing. Customers who buy Product through the Affiliate Program will be deemed to be customers of Company. Accordingly all Company rules policies and operating procedures concerning customer orders customer service and sales will apply to those customers. We may change our policies and operating procedures at any time. For example we will determine the prices to be charged for Product sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your web site you will be responsible for maintaining the correct current prices on your web site at all times. We will use commercially reasonable efforts to present accurate information but we cannot guarantee the availability or price of any particular Product. 8. Non Exclusive Limited License and Use of Company Logos and Trademarks.
We grant you non exclusive non transferable revocable right to access our web site through links solely in accordance with the terms of this Agreement and solely in connection with such links to use our logos trade names trademarks and similar identifying material collectively Marks solely for the purpose of selling Product on your web site for Company. You may not alter modify or change the Company logos trademarks or any other text content provided to you through the Company affiliate section. The use of any of the logos trademarks or text content are only extended to members in good standing in the Company Affiliate Program. If you see logos trademarked items or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your web site you may not use them without prior written permission. Permission is not to be construed as Company giving you any legal ownership or rights to these logos trademarks or text content. Companys own use of any logos trademarks or text content in the display or marketing of Company products does not automatically make it acceptable for affiliates to assume usage of same materials is considered acceptable use of such materials for promotion of Company products. Affiliates should assume that ONLY materials directly made available from Company to Affiliate for the purpose of selling product for Company shall be acceptable to use. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. Additionally we reserve the right to secure the highest position in pay per click and pay per position search engines and advertising sites by submitting bid for URLs or other search terms considered as trademarks sales marks service marks registered trademarks or registered URLs or any variations or abbreviations of same of Company. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Company rankings for trademarks sales marks service marks registered trademarks or registered URLs or any variations or abbreviations of same of Company. 9. Publicity Email and Spam Policies. You shall not create publish distribute or permit any written material that makes reference to Company without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. Company will not tolerate any forms of Spam. We will hear both sides of Spam complaint but we will remove one affiliate before we risk all affiliates losing email privileges. In the event an affiliate is charged with spamming practices Company shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate.
10. Responsibility for Your Site. You will be solely responsible for the development operation and maintenance of your web site and for all materials that appear on your web site. We shall have no responsibility for the development operation and maintenance of your web site and for all materials that appear on your web site. You hereby represent and warrant to us that materials posted on your web 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 and that materials posted on your web site are not libelous or otherwise illegal. You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law. 11. Term of the Agreement. The term of this Agreement will begin when your affiliate application has been received by Company through the Company web site and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Company or the affiliate for any reason upon thirty days prior email or written notice or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Company banners images content trademarks etc. on your web site or provide hyperlinks to the Company web site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your web site becomes subject to the Content Restrictions set forth in Section you are not eligible to receive any commission payments even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason you are eligible to earn commission only on sales occurring during the term of the Agreement and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for reasonable time to ensure that the correct amount is paid. 12. Modification. We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Notice of any change by email to your address on our records or the posting on our web site of change notice or new agreement is considered sufficient notice for notifying you of modification to the terms and conditions of this Agreement. Modifications may include but are not limited to changes in the scope of available commission fees commission schedules payment procedures and Affiliate Program rules. All such modifications shall take effect hours after we serve notice as provided above unless we indicate otherwise. If any modification is unacceptable to you your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of change notice or new agreement on our web site will constitute binding acceptance of the change.
13. Relationship of Parties. You and Company are independent contractors and nothing in this Agreement will create any partnership joint venture agency franchise sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement whether on your site or otherwise that reasonably would contradict anything in this Section. 14. Limitation of Liability. We will not be liable for indirect incidental special or consequential punitive or multiple damages including without limitation any damages resulting from loss of use loss of business loss of revenue loss of profits or loss of data arising in connection with this Agreement the Affiliate Program or Company performance of services or of any other obligations relating to the Agreement even if we have been advised of the possibility of such damages. Further our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought. 15. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or any Product or other items sold through the Affiliate Program including without limitation warranties of fitness for particular purpose merchantability non infringement or any implied warranties arising out of course of performance dealing or trade usage. In addition we make no representation that the operation of our web site will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. 16. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal valid and binding obligation enforceable against you in accordance with its terms; and that the execution delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute default under the provision of any law rule regulation order judgment or decree to which you are subject or which is binding upon you or the terms of any other agreement document or instrument applicable to you or binding upon you. 17. Confidentiality. We may disclose to you certain information as result of your participation as part of the Affiliate Program which information we consider to be confidential herein referred to as Confidential Information For purposes of this Agreement the term Confidential Information shall include but not be limited to any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program web site business and financial information relating to Company customer and vendor lists relating to Company and pricing and sales information for Company and any members of the Affiliate Program other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized directly or indirectly by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty expressed or implied with respect to any information delivered hereunder including implied warranties of merchantability fitness for particular purpose or freedom from patent trademark or copyright infringements whether arising by law custom or conduct or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third party use of the information. 18. Indemnification. You hereby agree to indemnify defend and hold harmless Company its shareholders officers directors employees agents affiliates successors and assigns from and against any and all claims demands losses liabilities damages or expenses including attorney fees and costs of any nature whatsoever incurred or suffered by us collectively the Losses in so far as such Losses or actions in respect thereof arise out of are related to or are based on any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; the breach of any representation or warranty made by you herein; or i or any claim related to your web site. 19. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME DIRECTLY OR INDIRECTLY SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 20. Miscellaneous. This Agreement will be governed by the laws of the United States and the State of state or province without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in city state or province and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement by operation of law or otherwise without our prior written consent. Subject to that restriction this Agreement will be binding on inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute waiver of our right to subsequently enforce such provision or any other provision of this Agreement. THIS IS LEGAL AGREEMENT BETWEEN YOU AND company name. BY CLICKING THE ACCEPT BUTTON IN THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE NETWORK AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. If you agree then sign up as company name Affiliate.