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Strategic Partner Agreement
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Revised 05/15/2006B
In this Ebiz4idiots, Inc. Strategic Partner Agreement (this "Agreement"), "you",
"user", "Strategic Partner" and "your" refer to you; "we", "us", "our", "TASPCO' and "Ebiz"
refer to Ebiz4idiots, Inc. (“Ebiz”) d/b/a websitepipeline; and "Strategic
Partner" and
"User" refers to each Ebiz Strategic Partner. Ebiz provides web-based, e-commerce
information, software, products and other services to persons and entities
throughout the United States and other countries (the "Business"). In connection
with the Business, we have implemented the Ebiz Strategic Partner Network, through
which we facilitate the referral of business. In the event that we approve your
Strategic Partner Network Application, this Agreement explains our obligations to you
and your obligations to us in relation to your appointment as a Strategic
Partner.
1. Acceptance of Agreement
By clicking the icon below entitled "Submit", you acknowledge that you have
read, understand, and accept the terms and conditions of this Agreement, and you
agree to be legally bound by all of such terms and conditions.
2. Appointment
In the event that you desire to become a Strategic Partner, you agree to complete the
Strategic Partner Application located at www.websitepipeline.com and incorporated
herein by reference. You expressly confirm and warrant that the information you
submit to us in your Strategic Partner Application is true and accurate in all
respects. We reserve the right to approve or reject your Strategic Partner Application
for any reason at our sole discretion. We will notify you of approval or
rejection within thirty (30) days of our receipt of your Strategic Partner
Application.
3. Revisions
Ebiz may revise these terms from time to time, at our sole discretion, by
updating this posting. Unless otherwise provided below, the revised terms will
take effect when they are posted. BY CONTINUING TO USE ANY WEBSITE HOSTED ON
EBIZ SERVERS OR LICENSING EBIZ SOFTWARE, YOU ARE INDICATING YOUR AGREEMENT TO
THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
4. Strategic Partner Obligations
As a member of the Strategic Partner Network you agree to provide true, accurate and
complete information as prompted by the registration form, and maintain and
update such information to maintain its truth, accuracy and completeness.
Whenever you supply any information to Ebiz, Ebiz VARs, or Ebiz clients, you
agree to provide true, accurate and complete information. Ebiz reserves the
right to terminate your account upon the discovery that the information you
provided or posted is not complete or accurate. You agree to not impersonate or
misrepresent your affiliation with any person or entity.
5. Website Referral Commissions
A. In the event that you identify a potential client that desires a website, the
project may be turned over to Ebiz to pursue. If Ebiz decides to pursue the
project, and is successful in securing an order (“Referred Project”) from that
customer (“Referred Project Customer”), you shall receive a Direct Sale Referral
Commission subject to the limitations set
forth below. Ebiz reserves the right to change the Ebiz Direct Sale Referral
Commissions applicable thereto from time to time, at its sole option and
discretion, upon five (5) days prior written notice to you.
B. A Lead given to Ebiz by you will only be eligible for an Ebiz Direct Sale
Referral Commission if all of the following conditions were met:
(1) You clearly identify the project as a potential fit for Ebiz’s capabilities
and market focus, and you personally speak with the prospective customer about
the project requirements prior to turning the Leads over to Ebiz.
(2) You organize and participate in an introductory appointment (via telephone
or face to face) between Ebiz and the prospective customers that was previously
scheduled by you with the customer.
C. The commission shall be paid on the initial sale including software modules, creative and design services, and branding, but will not include monthly hosting fees or custom software development. Commissions are not paid on add-on sales or upgrades. Commissions are paid after Ebiz receives payment from the customer.
D. The commission rate is based on Ebiz securing the project at our current published retail prices. A reduction in the sales price (below retail) may result in the a reduction in the commission rate at Ebiz's sole discretion.
D. The following is a current schedule of commissions rates.
| Website
Sales Price |
Commission for
Prospective Client |
Commission for
Existing Client |
| $1,500 to $4,999 |
$100 |
$200 |
| $5,000 to $9,999 |
$250 |
$500 |
| $10,000 to $19,999 |
$500 |
$1,000 |
| $20,000+ |
$1,000 |
$2,000 |
Existing Clients are defined as clients who have spent at least $1,000 with your company within the 12 month period prior to the lead being submitted to Ebiz.
F. You acknowledge that Ebiz may turn over the referral to one of their VARs for
fulfillment and that the VAR would then pay the referral commission directly to
you. In the event that the referral is turned over to a VAR to fulfill, you
agree that Ebiz is in no way liable, in part or in full, for any financial or
legal disputes that may arise between written, verbal, or inferred contracts
between Strategic Partners and any VAR, Client, or any other person or entity.
6. Termination
Without limiting Ebiz's other remedies, We may issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide
any services to you (a) if you breach any terms and conditions of this Strategic
Partner Agreement or the agreements incorporated herein by reference, including
our written policies and procedures posted on the Site; (b) if we are unable to
verify or authenticate any information you provide to us; or (c) if we believe
that your actions may cause legal liability for you, our users or for Ebiz.
Violations of this Strategic Partner Agreement will be prosecuted to the fullest
extent of the law and may result in additional penalties and sanctions.
7. Cancellation
To cancel your subscription, please send the information below to us via email
(info1@websitepipeline.com), fax (1-864-272-3299) or certified mail at:
Ebiz4idiots, Inc
319 Garlington Rd
Suite B-3
Greenville, SC 29615
USA
Cancellation goes into effect immediately and your information will be removed
from the Strategic Partner list.
Please include your full name, phone number and address.
8. Protection of Copyrights and Trademarks
The Strategic Partner Site at www.websitepipeline.com contains trademarks and other
material furnished by Ebiz, its licensors, and other users. You should assume
that everything you see or read in publicly viewable areas of the Site that was
not furnished or received by you (such as images, photographs, illustrations,
text and other materials) ("Site Content") is copyrighted unless otherwise
noted. You may not sell, reproduce, distribute, modify, display, publicly
perform, prepare derivative works based on, repost or otherwise use any of the
Site Content in any way for any public or commercial purpose without prior
written consent of Ebiz or the rights holder. You may not use the Site Content
on any other web site or in a networked computer environment for any purpose
except your own personal viewing. In order to protect Ebiz's and its Licensor's
trade secrets, you agree that you will not 'reverse engineer' any Site Content
consisting of downloadable software, unless specifically authorized by the trade
secret owner or otherwise permitted by law. If you violate any of these terms,
your permission to use the Site Content will automatically terminate; you must
immediately destroy any copies you have made of the Site Content; and we may
revoke your authorization to use the Site.
9. Reproduction
All Ebiz Sites or any portion of all Ebiz Sites may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited for any commercial
purpose that is not expressly permitted by Ebiz. Ebiz and its affiliates reserve
the right to refuse service, terminate accounts, and/or cancel service requests
or memberships in its discretion, including, without limitation, if Ebiz
believes that a User's conduct violates applicable law or is harmful to the
interests of Ebiz and its affiliates.
10. Intellectual Property Policy
Ebiz respects the intellectual property of others and expects our account
holders to do the same. At our discretion and in appropriate circumstances, Ebiz
may terminate the accounts of users who infringe upon the intellectual property
rights of others.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of
1998), Ebiz's designated agent for notice of alleged copyright infringement
appearing on our Site is:
Ebiz4idiots, Inc.
319 Garlington Rd - Suite B-3
Phone: 864-272-4000
Fax: 864-272-3299
Email address: info1@websitepipeline.com
To file a notice of infringement with us, one needs to fulfill the requirements
specified in Title II of the Digital Millennium Copyright Act of 1998. The text
of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/
(visited February 23, 1999).
11. Reservation of Rights; Limited Licenses
Ebiz and its licensors shall retain all of its right, title and interest in and
to all patent rights, inventions, copyrights, know-how and trade secrets
relating to the Site. You acknowledge that the Ebiz logo and name are trademarks
of Ebiz, and may be registered in certain jurisdictions. All other product
names, company names, marks, logos, and symbols on the Site may be the
trademarks of their respective owners.
Except where expressly provided by Ebiz, nothing in this Strategic Partner Agreement
shall be construed to confer any license under any of Ebiz's or any third
party's intellectual property rights, whether by estoppel, implication, or
otherwise.
12. Miscellaneous
A. This Strategic Partner Agreement will be governed by the law of Greenville, South
Carolina without regard to its conflicts of law provisions. Any dispute related
to this Strategic Partner Agreement will be settled in a binding arbitration under the
arbitration rules of the American Arbitration Association. Any dispute you may
have with respect to all Ebiz Sites must be commenced within one year after it
arises, or the cause of action is barred
B. The paragraph headings in this Strategic Partner Agreement, shown in boldface type,
are included to help make the agreement easier to read and have no binding
effect.
C. The Strategic Partner Agreement and the agreements referenced in this
Strategic Partner
Agreement comprises the entire agreement between you and Ebiz with respect to
the use of the Site and supersedes all prior agreements between the parties
regarding the subject matter contained herein as well as any conflicting or
inconsistent terms in any web site that links-to or is linked-from the Site. If
any part of this Strategic Partner Agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and the
remainder will remain in full force and effect.
D. Please see our Privacy Policy, which is incorporated herein by reference.
E. Ebiz will provide notices by posting them on the Site and you agree to check
the Site for notices. You also authorize Ebiz to send notices to you, at Ebiz's
discretion, via electronic mail unless you otherwise indicate in writing to
info1@websitepipeline.com. Regardless of whether Ebiz sends an email
notification, you will be considered to have received a notice when it is made
available to you by posting on the Site.
F. We may modify or discontinue any Ebiz Website and the services available at
it without notice or liability to you.
G. This Strategic Partner Agreement is personal to you and you may not transfer,
assign or delegate this Use Agreement to anyone without the express written
permission of Ebiz. Any attempt by you to assign, transfer or delegate this
Strategic Partner Agreement without the express written permission of Ebiz shall be
null and void.
H. This Strategic Partner Agreement and any registration for or subsequent use of the
Site will not be construed as creating or implying any relationship of agency,
independent contractor, franchise, partnership, or joint venture between any
User and Ebiz.
We suggest that you print out a copy of this Strategic Partner Agreement for Your
records.
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