Terms of Service "Supplier Agreement"

I. Contact Information:

TransactionPages.com headquarters is at the following address:

TransactionPages.com
P.O. Box 483
Piscataway, NJ 08854
U.S.A.

If you have a question regarding your TransactionPages.com account, please fill out an online support request

To reach us by fax please use 1-908-668-7773.

II. Legal Notice:

TransactionPages.com, Inc. will hereafter be referred to as "the Company." Individuals or business entities under contract to provide services or products to the Company will hereafter be referred to as "the Supplier(s)" or "a Supplier." "You" or "User" shall mean the individual or legal entity that is utilizing any Services provided by TransactionPages.com, other than a Supplier.

The Supplier assumes full responsibility for the decision to utilize TransactionPages.com affiliated services "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose and non-infringement.

Term and Cancellation
The term of this Agreement shall be one year upon which shall continue until a notice of cancellation by the Company or Supplier is given, or until terminated under other provisions of this Agreement.

Suppliers may close their account with the Company at any time.

The Company reserves the right to terminate this agreement and close a Supplier account at any time.

Limitations of Liability
The Company assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or sever weather conditions or any other causes in the nature of "Acts of God" or fore majeure.

The Company shall not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall a Supplier be entitled to recover damages from the Company which exceed the sum of sales commissions and service fees retained by the Company under this Agreement during the six months prior to the event giving rise to the claim for damages.

Copyright Notice
This website is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this website without the prior written permission of the Company.

Credit Reporting
Supplier grants the Company the authorization to obtain standard factual data credit report(s) through a credit reporting agency chosen by the Company.

Minimum Age Requirement
Vendors must be 18 years of age to use our services.

III. Fulfillment Contract:

Hereafter TransactionPages.com, Inc. shall be referred to as "the Company."

The contracting individual or business shall hereafter be referred to as "the Supplier."

The TransactionPages.com, Inc. Fulfillment Contract is the contract between the Company and the TransactionPages.com, Inc. Supplier (You).

Sale of Goods
If you register products with the Company you agree that the Company will purchase your product for possible resale to retail consumers.

Choice of Law/Venue
The Supplier agrees that New Jersey law, excluding conflict of law principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Middlesex County, New Jersey, U.S.A. You consent to the exclusive jurisdiction of such courts.

Indemnification
The Supplier is fully responsible for the content of its website and for the advertising and promotion of all products. The Supplier certifies and represents to the Company that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music, or other intellectual property which either forms a part of its website, which is provided by the Supplier to potential customers, or which is used by the Supplier in its advertising and promotion and to sell and deliver products to customers.

The Supplier agrees to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. In no event will the Company be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly.

from any use of this internet resource, or the Company service, even if the Company is expressly advised of the possibility of such damages.

The Supplier agrees that in no event will the Company be liable to you for any special, incidental or consequential damages.

The Company assumes no liability for termination, cancellation, or failure to provide services by third party providers (Hosting Providers, Merchant Accounts) contracted on behalf of the Supplier.

The Supplier agrees to indemnify and hold harmless the Company, its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney's fees), or other liabilities resulting from or in connection with this Agreement. The Company assumes no liability of the Supplier for failure to follow this Agreement or any results caused by acts, omissions or negligence of the Supplier, subcontractor or an agent of the Supplier or an employee of any one to them, including, but no limited to, claims of third parties arising out of or resulting from or in connection with the Supplier's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

The Supplier expressly authorizes the Company to collect these fines, penalties, losses, claims, expense and liabilities using any means available to the Company.

Regulation Authorization
The Supplier represents and warrants that it is legally authorized and has obtained all necessary regulatory approvals and certificates to sell any product/service it intends to offer. The Supplier agrees to make available any copies of said information immediately upon a request tendered by the Company. The Supplier further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards that are established by the Federal Trade Commission, State and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the credit card is not present.

Taxes
The Supplier agrees they are responsible to pay all applicable taxes and to obtain all relevant licenses and permits associated with the legal operation of your enterprise.

Each party agrees to report and to pay its own taxes imposed on its income by any jurisdiction, such as state and federal income taxes. Should the Company be required to pay any such taxes on the income of the Supplier the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to the Company.

Default
In the event that the Supplier defaults in any provision or fails to perform pursuant to this Agreement, the Company shall be entitled to damages, costs and attorney's fees from the Supplier.

Amendments and Modifications
The Supplier understands that the Company reserves the right to modify the TransactionPages.com, Inc. Agreement or the Operational Requirements (this document) at any time.

IV. Operational Requirements:

Goods and Services
The Company prohibits the registration or sale of illegal goods and services in violation with any Law of the United States Courts.

Suppliers in violation of the prohibited products requirement will be warned to remove the products or services from the Company's registered products offering. Failure to comply after the warning period expires will result in account termination and potential forfeiture of commission on account.

Prohibited Activities
If the Company ascertains that you are using your account in conjunction with any of the following listed activities your account will be immediately suspended and you forfeit the right to any disbursement of funds:

a. Virtual Terminal Activity (i.e. Self-Keying):

All customers are required to key in their own credit card or bank account information directly via the internet

b. Spam

Accounts which generate unsolicited commercial messaging (SPAM) will be terminated. For the purposes of this Agreement the term "SPAM" includes

i. Unwelcome email;
ii. Newsgroup cross-postings;
iii. Windows that spawn new windows;
iv. Windows which resist closure

Validation
All email, domain, URL or telephone information must be able to be validated. If any of this information is incorrect the account may be suspended or terminated at the Company's discretion.

Consumer Notification
The Supplier agrees to clearly and concisely inform any potential customer of the operating standards of this Agreement.

Such notification shall include, but is not limited to, the inclusion of required documentation on the website homepage.