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. Your customer invoices will have your name and address, not ours (plus phone number if requested). Your customer invoice will have their purchase total if supplied. The shipping label will have your name and address, not ours.
YOU WILL NEED TO PROVIDE:
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 Fine Print (Normally Smaller):
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:
GOVERNING LAW: This agreement shall be governed by the laws of the United States and the State of California without reference to its choice of law principles. THE SPIRIT OF THIS AGREEMENT IS THE INTENT..