ChowTime Productions

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ChowtimeProductions.com Drop Ship Program Operating Agreement This Chowtimeproductions.com drop shipping agreement (the "Agreement") contains the complete terms and conditions that apply to your participation as a Marketer with the Chowtimeproduction.com drop shipping program (the "Program"). As used in this Agreement, "we," "us," "our," "CTP" "Chowtime, Chowtimeproductions.com" means Chowtime productions, Inc., and "you," "your" “Reseller” “Distributor” or "Marketer," means the marketer (collectively, the "Parties", separately each a "Party"). The Reseller agrees to be bound by the following conditions and contents of the Chowtime Productions 1. Enrollment in the Program You will submit a complete Drop Ship Program application online at our site. After we carefully review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site and / or marketing methods are unsuitable or inconsistent with the mission of CHOWTIME PRODUCTIONS. If your site is accepted, CHOWTIME PRODUCTIONS may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program. 2. Promotion of Our Drop Ship Program Upon your acceptance as a Distributor, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. Publicity You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our consent. Confidentiality Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Distributors provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its distributors. Limitation of Liability We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Drop Ship Program will not exceed the total amount for the orders in question processed under this Agreement. Limited License We grant you a nonexclusive, nontransferable, revocable right to use and modify all creatives and item descriptions made available to you through the Drop Ship Member's Area of our site to market and promote our products through any desirable marketplace. Disclaimers We make no express or implied warranties or representations with respect to the CHOWTIME PRODUCTIONS Web site or the CHOWTIME PRODUCTIONS Drop Ship Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Terms of Payment All orders must be paid in advance.. For wire transfer and money order it must be paid in full before processing. If the drop shipper is not processing orders on our site and chooses to submit order svia fax or email, Drop shippers must have credit card on file. Credit Card Payment - Visa, MasterCard, American Express, Discover, Paypal PayPal - Remit payments to ( orders@chowtimeproductions.com )Please remember to indicate your order #. Wire Transfer - Funds transfer to our account. Cashier Check / Money Order - Payment can be mailed directly to CHOWTIME PRODUCTIONS, 2 Willowcrest place, The Woodlands, Texas 77381 Shipping Method We reserve the right to use any postal carriers and may change carrier without notice. We utilize the following carrier at this time. • UPS Ground • USPS • Fed ex SHIPPING IS INCLUDED IN THE DROPSHIPPRICE. International shipping will be determined atthe time of the placed order. Texas Companies All new Texas customers please ensure a copy of reseller's permit document has been faxed to 281-419-6701. If the necessary documents had not been received when your order is processed, sales tax will be added on to your order. Submission of this form is not required for international customers. Prices All Prices and discounts are subject to change without notice. Possession of CHOWTIME PRODUCTIONS.COM Drop Shipping price guide, discount structure sheet, or Catalog does not constitute an offer to sell any items listed. Time of Delivery It normally takes 7-10 business days to produce your order. Your shipping time will then apply after your order is processed. Damage Claims All merchandises are packed carefully and correctly utilizing our detailed quality control check method before they leave our facility.. Please keep all shipping cartons and packing material for carrier inspection. Claims damaged shipments must be made within two working days of receipt. If you receive an item damaged or broken, we will issue a Shipper Call Tag to pick up the damaged(s), file a claim and ship the replacement item(s) to you at no additional charge. Additional Production time may be required. Returned Checks If a check is returned for any reason, a US $25.00 service charge will be made and all shipments will be permanently marked for “Prepaid or Certified Check” Only. An additional 5% service charge per month will be added to all checks returned. Refused Shipments Any shipments returned “REFUSED” for any reason will be permanently dropped as a distributor and no further shipments will be made. Any refused shipments sent back to CHOWTIME PRODUCTIONS.COM does not constitute the right to a refund or credit. It is company policy to charge the customer all freight charges associated with the shipment and up to a 100% restocking fee. Cancellation For Drop shipping purchase, cancellation notice must be submitted either by phone/email no later than 24 hours after the order is placed. During this period if an order has not been sent to our production team for processing then we can cancel the order otherwise we cannot. We advised our customers to please make sure they identify the pieces that you wish to purchase before completing the transaction. Return Policy Returns for exchange or refund will be allowed if the item is defective. Please contact us via e-mail at orders@chowtimeproductions.com to report all defects/returns. Note: Since every Chowtime piece is hand-painted, no two pieces are exactly alike. There are always minor variations in color and design from piece to piece. These variations are the hallmark of hand-painted pottery. We would like to point out that the color in the photos may vary from computer to computer. Not all computer monitors are calibrated to the same standard, so the product you receive may vary slightly in color from the photo on your monitor. Color or piece variations will not be considered defective.All authorized return merchandise must be unused and in its original saleable packaging. No return or exchange on merchandise that shows signs of having been used, scratched, or defaced will be allowed. Returns must be sent freight prepaid and insured by you. Original shipping and handling charges are not refundable. A photocopy of your invoice showing the invoice number must accompany your return along with a written explanation and a contact phone number where we may be able to reach you. It is the buyer’s responsibility to verify the correctness of style color and size of the items before purchase. All approved refunds will be paid by Company Check or Account Credit, determined by CHOWTIME PRODUCTIONS.COM. A 25% restocking fee will be assessed on all returns deemed to be non-defective. We reserve the right to refuse your return based on our return policy. No cancellations, refunds, or exchanges on special order items or custom order items will be allowed. NO CANCELLATIONS, REFUNDS, OR EXCHANGES ON SPE-CIALORDER ITEMS OR CUSTOM ORDER ITEMS WILLBE ALLOWED. Product Specifications The colors shown on the products are an approximation of the original colors, and are variable with your computer monitor and/or graphic card. Prices, materials, design, specifications, and recommendations are subject to change without prior notice. All merchandise information presented in our web site was true and correct at the time of publication. Termination The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Drop Ship Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all creatives, links, and product descriptions from our site, and all CHOWTIME PRODUCTIONS trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Modifications We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change. Changes will only be made in 'good faith' with the affiliate. Anti-Spam Policy Distributors will be removed from the CHOWTIME PRODUCTIONS Drop Ship Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated! Some people think that associate's "spam" email originated from us, damaging our reputation and causing us many administrative problems. Taxes and Tax Law Federal law requires you to pay taxes on the earnings you make if you are located within the United States. International laws may vary. We are not in the legal position to give advice on this subject however. It is recommended that you consult an accountant in your local geographical area for more information. Independent Contractors You are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. Representations and Warranties You hereby represent and warrant to us as follows: 1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity. Independent Investigation You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the CHOWTIME PRODUCTIONS Drop Ship Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. Fraud If you commit fraud or falsify information in connection with the registration of members in CHOWTIME PRODUCTIONS through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to CHOWTIME PRODUCTIONS for any and all damages that CHOWTIME PRODUCTIONS suffers as a result of such actions. You will also be responsible for all debts owed to CHOWTIME PRODUCTIONS, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law. Assignment This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of CHOWTIME PRODUCTIONS. Reservation of Rights CHOWTIME PRODUCTIONS may terminate this Agreement at any time if your site is determined to be unsuitable for the Program based on the above rules and regulations. CHOWTIME PRODUCTIONS also reserves the right to monitor Distributor sites and auction listings at any time to determine whether they are in compliance with this Agreement. Governing Law This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Harris County, Texas, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement. ELECTRONIC SIGNATURE OF AGREEMENT By submitting the application form discussed herein, you agree to the terms of this Agreement and desire to operate a co-branded Store with CheapPetStore.com under these terms and conditions. Submission of the application constitutes as binding an authentic signature.
I agree to these terms and conditions in the Chowtimeproductions.com Dropshipping agreement.