DesignOvations, Inc. is the original manufacturer of the BLADEater®. We invite you to become a vendor. We will drop ship one or more of our products to your customer(s), if you agree to our policy below. Drop Shipper/Vendor Agreement The DesignOvations, Inc. Vendor Agreement is the agreement between the Company Drop Shipper (dba "DesignOvations, Inc.") and the BLADEater Sales Vendor ("you"). (This is for BLADEater products only.) 1. You agree that Ohio law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Cincinnati, OH. You consent to the exclusive jurisdiction of such courts. 2. The Company warrants a full money-back guarantee on all product(s) drop shipped for the vendor, if the product(s) malfunction, or are damaged in anyway, within 30 days from date of purchase, the full purchase price will be credited to Vendor, less the shipping costs of getting it back to us. Company will work directly with Vendor, and not Vendor’s customer. 3. If the Vendor’s customer would rather have a replacement or replacement part within 30 days from date of purchase, Company will ship it to Vendor’s customer at no charge to vendor, less the shipping charge of Vendor’s customer shipping it back to us. 4. You agree that in no event will the Company be liable to you for any special, incidental or consequential damages. 5. It is expressly understood that you and DesignOvations, Inc. are, in all respects, independent parties to a contract. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between you and DesignOvations, Inc., for any reason whatsoever. Consistent with the parties' status as independent contracting parties: - You are not authorized to make any warranty or representation on behalf of DesignOvations, Inc. except as stated above.
- You agree that you shall not represent to any person that you are the agent of DesignOvations, Inc., nor fail to correct any misunderstanding as to such status.
- You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate DesignOvations, Inc. in any manner whatsoever, except for the return policy as state above.
- You will be solely responsible for reporting or paying any federal or state income taxes on your earnings (including any earnings stemming from or related to this agreement). You must submit your tax ID number to us before we can approve you as a Vendor.
- You will be solely responsible for withholding, paying and/or reporting federal or state income taxes, FICA (Social Security or Medicare) taxes, FUTA taxes, state unemployment insurance taxes, state disability insurance taxes, or any other taxes directly associated with the compensation you pay to your employees, contractors or agents.
6. You agree that you are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, you agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. 7. You agree to be bound by all of the terms and conditions set forth at www.BLADEater.com web site, including but not limited to DesignOvations, Inc. Accounting Policy, or DesignOvations, Inc. Legal Notice, all of which are incorporated herein by reference. 8. If you promote products listed by DesignOvations, Inc., then: - You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with DesignOvations, Inc. return policy.
- You agree to make no such promotions that involve unlicensed use of materials protected by copyright or trademark law. You have permission to copy product information and pictures of all BLADEater products, only after being approved as an official Vendor of Company.
- You agree that all advertising promotions will be fully compliant with federal and state laws, including US federal and state laws regarding network abuse, unsolicited messaging, and FTC Advertising Rules and Disclosure Rules.
9. If you send (or cause to be sent) messages by electronic means (including but not limited to email, and instant messages) in connection with the direct or indirect promotion of BLADEater products, then you represent and warrant the following: - No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from you or your company.
- No such message will be sent to any individual who has explicitly requested to receive no further messages from you or your company.
- No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message.
- All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message.
- No such message will include any incomplete, invalid, misleading, fake, or forged message headers.
- All such messages will include complete, valid, and accurate message headers indicating the origin of the message.
- No such message will be delivered in conjunction with the use of mousetraps, such as windows that reappear, spawn new windows or otherwise resist being closed. ("Mousetraps" is referring to people who set up their web sites with windows that pop up trying to trap people into clicking on buttons that would make them responsible to agree to accept things they don't want, like being put on a mailing list. Some web masters put pop up windows that you can't close and it traps people, they try to close out of the screen by hitting the only button they see and get trapped. The only way to close would be to shut off your computer...this is what we're talking about, we don't want to be associated with web sites like this)
- No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine.
- All such messages by email will include clear, valid, and conspicuously displayed From, Subject, Removal or Opt-Out information OR a functioning return address where a recipient can hit their reply button and request to no longer receive messages from you.
- No such message will be sent to an address that was obtained via 1) automated means from an Internet website or proprietary online service operated by another party; 2) spy ware, viruses, or other means of bypassing system security or invading consumer privacy.
- No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
- No such message will be sent, relayed, or transmitted by a protected computer or network that was accessed without authorization.
- No such message will include any fraudulent, deceptive, false or misleading information.
- All such messages will be in full compliance with federal and state laws and regulations governing commercial electronic mail, electronic messaging, and advertising.
10. You understand that the Company reserves the right to modify the DesignOvations, Inc. Vendor Contract at any time. If you agree to the above Vendor/Drop Shipper Agreement, please E-mail us your Tax ID number at mkhansen@cinci.rr.com, then we will send you our drop ship prices and further directions. If you should have any questions, please don't hesitate to call me at 1-513-460-6081. Best Regards,
Mary Kay Hansen, President
|
