Online Reseller Program Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS AND THE RESELLER FAQ VERY CAREFULLY BEFORE REGISTERING FOR THE EVOTEKUS, LLC ONLINE RESELLER PROGRAM. PARTICIPATION IN THE EVOTEKUS, LLC ONLINE RESELLER PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR, OR PARTICIPATE IN THE EVOTEKUS, LLC ONLINE RESELLERS PROGRAM.
- Program Participation
- Commissions & Disbursements
- Spam, Frames, and Offensive Content
- Misuse of Logos, Trademarks and Copy
- Breach of Agreement
- Agreement Modification
- Agreement Termination
- Governing Law and Jurisdiction
Introduction. This agreement ("Agreement") between You ("Reseller" or "Affiliate") and EvotekUS, LLC ("EvotekUS") consists of these EvotekUS Online Reseller Program (the "Program") Standard Terms and Conditions ("Terms and Conditions") and the Reseller FAQ, found at http://evotekus.co/reseller_faq.php, or other such URL as EvotekUS, LLC may provide from time to time. "You", "Affiliate", or "Reseller" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.
- Program Participation: Participation in the Program is subject to EvotekUS' prior approval and Your continued compliance with the Program Terms and Conditions. EvotekUS reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age and agree that Reseller is an independent contractor and no partnership or agency will be formed by this Agreement. Reseller is responsible for paying his/her own taxes on any revenue that is generated from participation in this program. Reseller is not permitted to register for the Online Reseller Program more than once, (whether directly or indirectly through associates, employees, agents or by any other means) and any attempt to do so will be grounds for immediate termination of this Agreement. Reseller understands that EvotekUS, LLC monitors all Reseller orders, and agrees that EvotekUS, LLC may terminate this Agreement and withhold all commissions due if Reseller is found in violation of this policy.
- Commissions & Disbursements: The value of the Reseller commission is defined in the introductory part of the page http://www.evotekus.com/resellers1.php, or such other URL as EvotekUS may provide from time to time. Commissions will be paid to Reseller when the total amount due is equal to $25 or more. Payment will be made online either via Dwolla or Paypal. Reseller is responsible for setting up an account with either Dwolla or Paypal. Alternatively, payment can be made by check, sent in the mail for a $5.00 fee. Reseller c an check the amount of commisisons earned, paid, and total due at any time, by loggin into private account at page http://www.evotekus.com/resellerlogin.php.
- Pricing: The prices of our products may be changed at any time, solely at our discretion, by posting the revised prices on our web sites and/or by informing Resellers via e-mail. Reseller acknowledges that the changes in our prices will change the commission earned.
- Spam, Frames, and Offensive Content: Affiliates who resell EvotekUS products on their web sites may not engage in spamming, indiscriminate advertising or unsolicited commercial e-mail or cybersquatting. Affiliate may not operate a web site or link to a web site that contains or promotes any offensive, defamatory, obscene, abusive, violent, illegal or unlawful content or activity, or that offers any illegal goods or services. Affiliate may not post all or part of the code generated for the purpose of reselling EvotekUS products within frames under any circumstances. Without limiting any terms of this Agreement, EvotekUS reserves the right to terminate Reseller's account and withhold all commissions due, should the Reseller publish EvotekUS products within frames, or send, directly or through a third party, unsolicited bulk e-mail containing any reference to any product created, offered, or sold by EvotekUS. Commercial ads are unwelcome in most discussion groups, on most mailing lists, and some social networks. Inappropriate posting may result in the suspension or cancellation of your account. See the social network, newsgroup, or mailing list's charter for whether advertising is allowed or not. Affiliate must comply with all relevant laws during the term of this Agreement. Sending a message to a group, especially an advertisement, is considered spamming, unless the individuals have specifically requested to be added to a specific mailing list.
- Indemnification: Affiliate indemnifies and holds harmless EvotekUS for all costs (including legal fees), expenses, damages, loss of profits and liabilities incurred as a result of any claims, demands or actions based on, or arising from, the Affiliate's promotion or marketing of EvotekUS products and services, or from the Affiliate's breach of these terms and conditions.
- Misuse of Logos, Trademarks and Copy: Reseller may not represent or hint in any way that it owns or created any of EvotekUS products. Affiliate may not use any of EvotekUS logo, trademarks or similar names in any business, product name, or web domain name. In the event that Affiliate breaches this clause, all use of the trademarks shall accrue to EvotekUS and Affiliate shall immediately transfer any registrations or similar to EvotekUS or its nominee. Affiliate may not copy any of the text or logos appearing in the EvotekUS or partner web sites, except with EvotekUS prior express written authorization. Affiliate must comply with any directions or specifications regarding the use of EvotekUS logos, trademarks or copy that EvotekUS may issue from time to time.
- Breach of Agreement: EvotekUS may suspend or terminate (at its sole discretion) this Agreement immediately and without any prior notice should Affiliate breach any term of this Agreement. EvotekUS will not be deemed to have waived any right under this Agreement unless the waiver is in writing and signed by EvotekUS. A failure by EvotekUS to exercise, or delay in exercising any right under this Agreement will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in this Agreement.
- Agreement Modification: EvotekUS reserves the right to change any of the terms of this Agreement, at any time and at its sole discretion, by posting a new agreement on the company web site (http://www.evotekus.com) and/or notifying Affiliate via e-mail. The amended Agreement becomes effective from the date that it is first posted to the web site, or notification is emailed to the Affiliate (whichever occurs first).
- Agreement Termination: This Agreement will remain in effect for as long as Evotek makes the Online Reseller Program available, unless the Agreement is terminated by either party:
a) due to breach of its terms by the other party, or
b) giving written notice to the other party that it wishes to terminate the Agreement.
In the event of termination:
a) EvotekUS may withhold the final commissions payment to Affiliate for a reasonable time in order to ensure that the correct amount is paid to Affiliate.
b) Affiliate must remove all links to the EvotekUS web sites.
c) Affiliate must remove all statements and representations to the effect that the Affiliate represents EvotekUS, or is otherwise associated with it.
- Governing Law and Jurisdiction: This Agreement shall be governed by the laws of California. This Agreement is subject to the exclusive jurisdiction of the California courts, and this provision is included for the benefit of EvotekUS. EvotekUS may, at will, waive this provision and this provision does not preclude EvotekUS from undertaking, initiating or enforcing proceedings in any other jurisdiction.
Effective Date: March 1, 2011