DropShip

This agreement describes the entire terms and conditions for participation in our "Merchants Drop ship Program." LinkAmerica.com and Affiliate Networks is operated by LinkAmerica.com. In this agreement, LinkAmerica Distributors and Companies may be collectively referred to as "LinkAmerica.com".

In this agreement, the term "Associate or Associates" refers to you (Our Merchant or Customer), and your "selling location or locations, web site or sites, web page or pages, place of auctioning or selling, or anyplace real or imagined, tangible or not, or any of our Associate or Associates locations or in cyber space" refers to you, "the merchant" and the location or locations, from which you will market, sell, promote, or conduct business related to LinkAmerica.com products. Wherever the agreement refers to "you" or "your", it means "You, our Merchant or Customer." We or "Our" refers to LinkAmerica.com.

ASSOCIATE CUSTOMER DATABASE SETUP:
There is a $65.00 data base set up fee (Estimated Labor Set Up Time 3-4 hours).
The data base set up fee will be credited to your account once you have established yourself as an honest reliable associate.
We are not here to waste your time our ours.
The shipping label will have your name and address, not ours.
In the event that a package is undeliverable it will be returned to you.
We will not ship out an invoice with any package we dropship for you.

DROP SHIP PRICING:
After your initial set up all dropship, shipments will be charged acording to their correct level.
At the end of each billing month all orders for that billing month shall be added together and a final pricing level reached.
You will be credited the difference between the charged pricing level and the final pricing level.
*Shipping does not count towards a level total

YOU WILL NEED TO PROVIDE:

Your Name

Your Company Name If Applicable.

An Account Number (minimum seven digits)

A Secret Word (minimum 5 digits)

Your Isp Email Address

Your Url If Applicable.

Your Address.

Your Phone Number.

Your Current Employer Phone Number If Applicable

The Name of Your Current Employer If Applicable

Credit Card Information If Applicable (Visa / Mastercard / Discover / American Express).

PRIVACY:
If you Reveal Your Account Number and Secret Word to Anyone you and YOU ALONE are responsible for any consequences. If you share your Associate drop ship program account information with a third party, we are not responsible for any changes or charges made to your Associate account. We will not sell, give, or make available your customers names, addresses, phone numbers, or any other of your customer information to anyone except to the Associate who created the account.

COPYRIGHTED MATERIAL:
As the Participant, you are solely responsible for ensuring that any and all materials provided by you, including your logo and preamble text do not infringe upon the rights, including the intellectual property rights, of any third parties. You must have express permission to use another party's copyrighted material. LinkAmerica.com will not be responsible if you use another party's copyrighted material in violation of the law.

LinkAmerica.com will share with our Associate or Associates, our html pages, pictures and other information accessible at LinkAmerica.com. Our html pages, pictures, or information may only be used and are strictly intended for our business relationship. You may not use, without permission, one of our pictures from one of our Associates pages, ads, banners, etc. without expressed permission from the Associate.

SEPARATION:
No Associate has the authority to make or accept any offer on behalf of LinkAmerica.com. All LinkAmerica.com policies regarding customer orders, including pricing and problem resolution, will apply to these customers. LinkAmerica.com is not responsible for any representations made by the Associates that contradict our policies.

PRICES AND AVAILABILITY:
The price charged for products sold under our drop ship program will be determined by LinkAmerica.com according to our own pricing policies. Prices increases and decreases may vary from time to time and is LinkAmerica.com's sole discretion. It is the merchants responsibility to be aware of price increases, decreases or product changes. LinkAmerica.com policies will always determine the price paid by the Associates. Availability of products may be beyond our control.

WEB SITE INTERRUPTION:
LinkAmerica.com will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold LinkAmerica.com liable for any of the consequences of such interruptions.

THE TERM OF THIS AGREEMENT WILL BEGIN ON THE DATE THAT YOUR APPLICATION IS APPROVED BY LINKAMERICA.COM, AND SHALL END WHEN CANCELED BY EITHER PARTY AS PROVIDED BELOW.

ASSOCIATE AGREEMENT MODIFICATION:
LinkAmerica.com reserves the right to change any of the terms and conditions in this agreement, at any time and at its sole discretion, by posting a new agreement on our Web site. Without limiting the generality of the foregoing, and all other provisions of this agreement are subject to
change without notice other than posting such information on our Web site.
Associates may not change or modify this Agreement. Cancellation of this agreement: Either LinkAmerica.com or the Associate, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

The Fine Print (Normally Smaller):

WARRANTY DISCLAIMER:
LinkAmerica.com makes no warranties, representations or conditions with regard to the drop ship program except as expressly set forth 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 course of performance, course of dealing or usage of trade.

LIMITATION OF DAMAGES:
LinkAmerica.com 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 LinkAmerica.com has been advised of the possibility of such damages. Further, LinkAmerica.com's aggregate liability arising under or with respect to this agreement or the Drop ship program shall in no event exceed the total fees paid or payable by LinkAmerica.com to Associate under this agreement.

REPRESENTATIONS AND WARRANTIES:
The Associate represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations thereunder; that it owns or controls the rights granted or licensed to the other party herein; and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state and local law or regulation.

INDEMNIFICATION:
The Associates shall defend, indemnify and hold harmless LinkAmerica.com, its parent, subsidiary and affiliated companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (I) it is based upon a breach of Associates representations,
warranties or obligations here under; (II) it arises out of the negligence or willful misconduct of Associate; or (III) it is based upon Associates violation of any applicable federal, state or local law or regulation in providing products or services thereunder.

MISCELLANEOUS:

Associates and LinkAmerica.com 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. Associate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of LinkAmerica.com. 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, The State of California, & The State of Texas without reference to its choice of law principles.

THE SPIRIT OF THIS AGREEMENT IS THE INTENT...