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Terms and Conditions

Please read license agreement below and select the checkbox if you agree with the terms and condition

By and between AuctionCheckout, Inc., a California Corportation, "AuctionCheckout", and the participating reseller, that will be referred to in this document as "Reseller.” The parties agree to the following, which shall apply during the term of this agreement. By registering to become an AuctionCheckout Reseller, you signify you understand and agree to be bound by the terms and conditions of this Reseller Agreement. If you do not agree to this Reseller Agreement, please do not continue the enrollment process.

The terms and conditions of this Reseller Agreement are subject to periodic change at AuctionCheckout discretion. As such, each user of the AuctionCheckout website, "Site" agrees to review this Reseller Agreement periodically in the section of the Site entitled "Terms and Conditions."

1.	ACCOUNT USAGE / MERCHANT FEES / AFFILIATE COMMISSIONS
1.1.	Only Resellers who have successfully completed the AuctionCheckout Reseller Enrollment process found on this site may participate or use AuctionCheckout.
1.2.	To participate in the AuctionCheckout Reseller Program, you must have a valid and active website and be engaged in the sale of e-commerce services to businesses that sell products on the internet that comply with the Terms of Service and Privacy Policy of AuctionCheckout. AuctionCheckout prohibits the use of this Site by Resellers who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of AuctionCheckout. AuctionCheckout does not support the advertising or placement of adverts on any sites connected with pornography, racist or illegal content. AuctionCheckout however, will not be held responsible for any content managed by the pornographic, racist or illegal content. It is entirely the Merchants responsibility to ensure their adverts reside on Affiliate websites that meet their approval.
1.3.	AuctionCheckout provides its Resellers with a pricing matrix in order for the Reseller to determine the price that they choose to offer the AuctionCheckout services. These “My Cost” rates are the threshold upon which the Reseller may set the price for the AuctionCheckout service.
1.4.	AuctionCheckout will submit to the reseller an e-mail correspondence containing the My Cost rates. At that time the Reseller may, at their discretion, reply to AuctionCheckout with a request to cancel the Reseller Agreement. Continued use of the AuctionCheckout Site and the enrollment of Resellers will serve as the Reseller’s acceptance of the My Cost rates.
1.5.	In any event, the Reseller may not sell or offer to sell the AuctionCheckout service at a price greater than the retail prices displayed on the AuctionCheckout site, and may not sell the AuctionCheckout service for less than the “My Cost” rates.
1.6.	AuctionCheckout has a monthly Reseller commission pay schedule and pays commission when the Reseller balance reaches US$100. AuctionCheckout will make the payment using either an electronic transfer or mail a check to the name and address specified in the enrollment process.
1.7.	AuctionCheckout reserves the right to change the rules or functionality of AuctionCheckout at any time without notice.
1.8.	AuctionCheckout is not obligated to supply Reseller with user names or account password if Reseller misplaces, forgets or loses such information.
1.9.	Reseller may not contact AuctionCheckout Resellers for the purpose of selling any services whatsoever. Failure to comply will be perceived as a most egregious violation of this agreement and may result in immediate termination of the agreement by AuctionCheckout.
1.10    Resellers who solicit the services of Sub-Resellers do so on a strictly referral basis. All Resellers of the AuctionChechout service must consent to the Reseller Agreement, notwithstanding (a) the pricing matrix provided by a Reseller to a Sub-Reseller, (b) the relationship between a Reseller and Sub-Reseller, and (c) representations made by the Reseller to the Sub-Reseller with regard to pricing, policies or services.

2.	ENGAGEMENT AND OBLIGATIONS OF RESELLER.

RESELLER agrees to solicit customer referrals from its existing and future account base, to subscribe to the services provided by AC upon the terms and conditions set forth herein.
2.1.	VAR will list AC on its preferred vendor list to all registered end users as a provider of payment services for eBay.
2.2.	VAR will include in its mailings to all of its customers material provided by AC, relating to services provided by AC subject to approval by VAR.
2.3.	In soliciting customer referrals, VAR shall use only materials supplied by or approved by AC, including but not limited to web site marketing, business cards, letterhead and promotional, advertising or recruiting materials, and shall offer only terms and conditions authorized by AC.  All procedures and marketing activities used to solicit merchant referrals shall be approved by AuctionCheckout.

3.	LIABILITY OF AuctionCheckout
3.1.	AuctionCheckout is not liable for any malfunction or failure of its systems, Site or service offering due to matters including, but not limited to, force majeure, the failure of AuctionCheckout's or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind.
3.2.	It is the Reseller’s sole responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to your receipt of checks. You understand that you may be required to complete certain Internal Revenue Service ("IRS") tax information reporting forms prior to your receipt of any monetary sums. Reseller further understands that AuctionCheckout may be required to provide information regarding earnings to the IRS or any other foreign government agency that requests such information concerning its citizens.
3.3.	It is the sole responsibility of the Reseller to set their account to contact AuctionCheckout immediately if Reseller believes they are subject to fraudulent activity. AuctionCheckout in it sole discretion determines fraudulent activity and Members must provide on request to AuctionCheckout all information and material relating to fraudulent activity.
3.4.	AuctionCheckout, in its sole discretion, may disqualify a Reseller from participation in the use of any or all portions of the Site if such Reseller engages in any conduct that AuctionCheckout deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site. Such improper conduct includes, but is not limited to: falsifying personal information required during account creation; sending spam emails; accumulating earnings or falsifying Merchant program expenditure through methods such as programming techniques or falsified information; intentionally trying to defraud or otherwise tamper with the computer programs or Member information comprising the Site. AuctionCheckout may void and refuse to pay/reimburse to a Reseller any monetary sums that a Reseller has earned or deposited and/or require the return of any monetary sums that a Reseller may have accumulated as a result of such improper conduct. Resellers further acknowledge that the forfeiture of earnings or deposits shall in no way prevent AuctionCheckout from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
3.5.	By consenting to this agreement, Reseller agrees to comply with the AuctionCheckout Terms of Service and the Privacy Policy.

4.	Confidentiality
4.1.	Reseller acknowledges that by reason of its relationship with AuctionCheckout hereunder, it may have access to certain information and materials relating to AuctionCheckout's business, plans, Resellers, software, and marketing strategies that is confidential and of substantial value to AuctionCheckout, which value would be impaired if such information were disclosed to third parties. Reseller agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by AuctionCheckout. Reseller further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Reseller of any such confidential information in its possession, and all confidential materials shall be returned to AuctionCheckout or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, AuctionCheckout shall be entitled to injunctive relief, which relief shall not be contested by Reseller.
4.2.	Disclosure to Law Enforcement: The Privacy Policy specifically prohibits the use of our service for illegal activities. Therefore, Reseller agrees that the Company may disclose any and all Reseller information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Reseller. In addition AuctionCheckout shall have the right to terminate all service set forth in this Agreement.

4.3.	Term and Termination: Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive one month periods unless the Order is earlier terminated in accordance with its terms or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.
4.4.	Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party’s assets.
4.5.	AuctionCheckout may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Reseller as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Reseller, if AuctionCheckout determines in good faith that Reseller’s use of the Reseller Web site or the Reseller Content violates the Acceptable Use Policy.
4.6	AuctionCheckout reserves the right to terminate the reseller program at any time and without notice. In the event of such termination, AuctionCheckout will continue to pay residual commissions to Resellers according to the terms of this agreement.

5.	Service Rates: Reseller acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Reseller. Reseller is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

6.	Charges and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts that are not collectable by AuctionCheckout may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150.

7.	Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Reseller to pay charges when due. Such termination or denial will not relieve Reseller of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Reseller may cancel their account according to the terms of this agreement. All requests for canceling accounts must be made in writing with at least 30 days notice.

8.	Service Interruption: Reseller acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Reseller agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Reseller further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Reseller for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9.	Reseller Support: AuctionCheckout provides technical support to our Resellers with the exception of all federal holidays according to the following terms: AuctionCheckout provides support related to your server or virtual site physical functioning. AuctionCheckout does not offer tech support for any software or services other than the AuctionCheckout service. AuctionCheckout does not provide technical support for Reseller’s end use Resellers.

10.	Spam Policy: AuctionCheckout takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Resellers of AuctionCheckout may not use or permit others to use our network to transact in UCE. Resellers of AuctionCheckout may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

11.	Violation of AuctionCheckout's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, AuctionCheckout will initiate an immediate investigation (within 48 hours of notification). During the investigation, AuctionCheckout may restrict Reseller access to the network to prevent further violations. If a Reseller is found to be in violation of our SPAM policy, AuctionCheckout may, at its sole discretion, restrict, suspend or terminate Reseller's account. Further, AuctionCheckout reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AuctionCheckout will notify law enforcement officials if the violation is believed to be a criminal offense.

12.	First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that AuctionCheckout personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

13.	As our Resellers are ultimately responsible for the actions of their clients over the AuctionCheckout network, it is advisable that Resellers develop a similar, or stricter, policy for their clients.

14.	Requirement of eBay account: Reseller acknowledges that an eBay account in good standing is a requirement of the AuctionCheckout service. AuctionCheckout is not affiliated with eBay in any way. The trademarks of AuctionCheckout and eBay are the exclusive right of the respective entities. AuctionCheckout does not state or imply any relationship or partnership with eBay.

15.	System and Network Security: Users are prohibited from violating or attempting to violate the security of the AuctionCheckout Network. Violations of system or network security may result in civil or criminal liability. AuctionCheckout will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

15.1.	Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
15.2.	Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
15.3.	Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
15.4.	Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
15.5.	Taking any action in order to obtain services to which such User is not entitled.
15.6.	Account/Service Cancellation: AuctionCheckout reserves the right to suspend network access to any Reseller if in the judgment of the AuctionCheckout network administrators the Reseller's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which AuctionCheckout chooses. If inappropriate activity is detected, all accounts of the Reseller in question will be deactivated until an investigation is complete. Prior notification to the Reseller is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Reseller will not be credited for the time the Reseller's machines were suspended.

16.	AuctionCheckout reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of AuctionCheckout must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

17.	Indemnification: AuctionCheckout wishes to emphasize that in agreeing to the AuctionCheckout AUP and TOS Reseller indemnifies AuctionCheckout for any violations that results in loss to AuctionCheckout or the bringing of any claim against AuctionCheckout by any third-party. This means that if AuctionCheckout is sued because of a Reseller's or a Reseller of a Reseller's activity, the Reseller will pay any damages awarded against AuctionCheckout, plus all costs and attorney's fees.

18.	Property Rights: AuctionCheckout owns all rights, titles and interests in AuctionCheckout's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Reseller to use AuctionCheckout's trade names or service marks. The use by Reseller of the other property rights mentioned here is authorized only for the purposes of marketing and selling services.

19.	Applicable Law, Jurisdictional Matters: This agreement is to be governed by and construed under the laws of the State of California, the County of San Diego, and the United States of America. The federal and state courts of the State of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Reseller hereby expressly consents to (1) the jurisdiction of the courts of California and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by AuctionCheckout. To the extent permissible by the law of Reseller's jurisdiction, Reseller waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

Customers would have the option to file a complaint with the BBB and participate with Auction Checkout in conciliation and mediation efforts first through the Better Business Bureau of Central Ohio. After which, if the dispute is not resolved to their satisfaction, and they want to further pursue the matter through arbitration, the customer and Auction Checkout would use the BBB’s legally binding arbitration services as a means to resolve the dispute.

20.	Entire Agreement, Modifications: This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. AuctionCheckout may make changes to this agreement upon thirty (30) days' written notice to Reseller, advising of the change and the effective date thereof. Utilization of AuctionCheckout services by Reseller and/or its Resellers following the effective date of such change shall constitute acceptance by Reseller of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.

21.	DISCLAIMER OF WARRANTIES

RESELLER EXPRESSLY UNDERSTANDS AND AGREES THAT:

USE OF THE SERVICE IS AT RESELLER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUCTIONCHECKOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

21.1.	AuctionCheckout MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
21.2.	ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
21.3.	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AuctionCheckout OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

22.	LIMITATION OF LIABILITY

RESELLER EXPRESSLY UNDERSTANDS AND AGREES THAT AuctionCheckout SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUCTIONCHECKOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

By checking this box you agree to the terms and conditions and the privacy policy AuctionCheckout.