EG Affiliate Program

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Terms and Condition

Easy Group Affiliate Website® Program

This Affiliate Agreement ("Agreement") is made between Easy Group LLC ("Merchant") and the
entity or person who applied to become an affiliate of Merchant and who Merchant accepted to be
an affiliate ("Affiliate").

Now, therefore, the parties agree as follows:

1. Terms of use
2. Product and shipping
3. Copyright & Trademark
4. Privacy
5. Ownership and Licenses
6. Representation and Warranties
7. Termination
8. Indemnification
9. Confidentiality
10. Taxes
11. Product Warranties and Return Procedures
12. Limitations

1. Terms of use
It is hereby understood and accepted that Merchant is in the business of manufacturing, remanufacturing, wholesaling and reselling various products such as ink / toner cartridges, ribbons, bulk inks, bulk toners, refill kits, refill accessories, papers, electronics and various other products under one or more brand names and sells such products through online and offline channels and properties which it either owns or sells through. Merchant operates from the State of California and Affiliate agrees that any and all disputes will be settled in a court of competent jurisdiction for the County in which Easy Group is registered (currently Los Angeles County) regardless of whether Merchant is the defendant or plaintiff. Merchant reserves the right to change the nature and terms of this agreement at any time, and reserves the right to discontinue this program at any time. Affiliate should check these terms and conditions periodically. Use of the affiliate program will constitute that Affiliate accepts and agrees to the agreement. Any Affiliate that violates any of the terms of this agreement will have their access cancelled and may permanently be banned from this affiliate program and any other programs that Merchant may offer to Affiliate either now or in the future.

2. Product and shipping
It is hereby understood and accepted that all products sold through the affiliate program are bought, sold and managed exclusively by Merchant and that Affiliate does not and can not influence product variety, manufacturer, brand, origin or any other part of the program that has to deal with product sourcing, product management or product handling and does not and can not influence shipping method, shipping carrier, shipping insurance, order tracking, order invoicing, order packaging or any other part that has to deal with order management, order shipping and receiving. Shipping and handling fees are not modifiable by Affiliate and are paid directly to Merchant by Affiliate website customers. Affiliate does not have any claim to revenues received through shipping and handling fees

3. Copyright and Trademark restrictions
The affiliate website and all materials on the Site, including, but not limited to the sales copy, navigational aids, images, illustrations, and logos are either property of Merchant or of licensors to Merchant and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If Affiliate desires to use any such properties, Affiliate must obtain written consent from Merchant prior to use.

4. Privacy
Affiliate Program uses cookies to keep track of session information. By agreeing to this contract the Affiliate is also agreeing that it will not under any circumstance, release, sell or rent to any third party any info that the Affiliate collects through its use of the Affiliate Program, whether the info pertains to customers, product or website performance or other.

5. Ownership and Licences
5.1. Affiliate acknowledges that Merchant is the exclusive owner of the website content, including but not limited to the product images, descriptions, layout, navigation, shopping cart and other components that drive the website as well as any service marks and logos therein (the "Trademarks"), and any trademark incorporating all or any part of the Trademarks. The website domain name and the website logo shall remain property of the Affiliate and are not considered as "Trademarks" owned by Merchant.

5.2. Affiliate will not, nor will it encourage or assist a third party to, register or attempt to register as a copyright, trademark, service mark, design patent or industrial design any Merchant Properties, or derivations or adaptations thereof, or any work, symbol or design which is so similar thereto as to suggest association with or sponsorship by Merchant or any Merchant affiliate. In the event of any breach of the foregoing, Affiliate agrees, at its sole expense and at Merchant's request, immediately to terminate the unauthorized registration activity and promptly to execute and deliver, or cause to be delivered, to Merchant such assignments and other documents as Merchant may require to transfer to Merchant all rights to the registrations, patents or applications involved. Affiliate will not, nor will it encourage or assist a third party to, challenge the validity or ownership of any patent, copyright, trademark, or other intellectual property registration of Merchant or any Merchant affiliate.

6. Representation and Warranties
6.1. Affiliate represents and warrants that (a) it has the right, power and authority to enter into this Agreement and the Engagement and to fully perform its obligations hereunder; (b) the making of this Agreement and any Engagement by it does not violate any agreement existing between it and any other person or entity; (c) it complies, and at all times shall comply, with all applicable laws, rules and regulations in effect during the term of this Agreement pertaining to its operation of its sites, distribution of emails (including, but not limited to, the Federal CAN-SPAM Act of January 1, 2004) and to the subject matter hereof.

6.2. Merchant represents and warrants that the website content is owned or licensed by Merchant and does not violate or infringe any right of privacy or publicity or any copyright, trademark, patent or other intellectual property right, or contain any libelous, defamatory, obscene or unlawful material, or otherwise violate or infringe any other right of any third party. Affiliate may have the option of amending part of the website content (as allowed by Merchant) and any such changes by Affiliate will nullify Merchants representation and warranty to the Affiliate.

7. Termination
7.1. The Engagement shall commence on the date Merchant confirms its acceptance of Affiliate's acceptance of the applicable Offer and shall automatically terminate on the date set forth in the Engagement unless otherwise extended on the parties' mutual agreement.

7.2. Either party may terminate this Agreement at any time, for any reason, provided that it provides written notice via designated e-mail address of such termination to the other party. Termination of this Agreement shall also terminate any outstanding Engagement. Merchant shall have the right to terminate this Agreement immediately, (a) upon a breach of any obligation hereunder by Affiliate; (b) in the event Affiliate becomes insolvent (i.e., unable to pay its debts in the ordinary course as they come due); (c) Merchant determines, in its sole discretion, that compliance with this Agreement would cause Merchant or any of its affiliates to violate or potentially violate any local, state or federal law or regulation or any court order; (d) any representation made or information provided to Merchant by Affiliate was false or misleading at the time of such disclosure; or (e) there is a material adverse change in Affiliate's financial condition, business prospects or (f) any other condition as Merchant may determine.

7.3. Upon the expiration or termination of this Agreement for any reason, (a) Merchant shall immediately remove all content from the Affiliate site; (b) Affiliate shall immediately destroy all copies of and erase any and all content from computer memories and storage devices within its possession or control, and certify in a writing signed by an officer of Affiliate that such materials have been so destroyed and erased; (c) all rights herein granted shall revert to Merchant; and (d) any provisions of this Agreement which are to be performed after termination to effectuate their intent and purpose shall survive termination of this Agreement.

8. Indemnification
8.1. Affiliate agrees to and shall indemnify, defend and hold harmless Merchant and its successors and assigns from and against any and all claims, demands, suits, judgments, damages, costs, losses, expenses (including reasonable attorneys' fees and expenses) and other liabilities incurred by Merchant arising from (a) any breach of any of the representations, warranties or agreements made by Affiliate under this Agreement; (b) any unauthorized use by Affiliate or any of its subcontractors of any Merchant Properties; (c) Affiliate's sales and marketing practices or those of its representatives and agents, including without limitation, any material misrepresentation, warranty or guarantee made by Affiliate or its agents or representatives regarding Merchant services; or (d) any other claim with respect to Affiliate's sites or any products sold through Affiliate's sites other than a claim for which Merchant is obligated to indemnify Affiliate under Section 8.2 below. Merchant shall promptly notify Affiliate of any such claim. Affiliate shall bear full responsibility for the defense (including any settlements) of any such claim; provided however, that (i) Affiliate shall keep Merchant informed of, and consult with Merchant in connection with the progress of such litigation or settlement; and (ii) Affiliate shall not have any right, without Merchant's written consent, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of Merchant or any of its Affiliates.


9. Confidentiality
9.1. All material and information supplied by Merchant to Affiliate under this Agreement, including but not limited to, and without limitation, information concerning Merchant's marketing plans, technological developments, objectives and financial results and other materials developed by the parties related to the Agreement, are confidential and proprietary to Merchant (collectively, "Confidential Information"). Confidential Information shall be used by Affiliate solely in the performance of its obligations under this Agreement and Affiliate agrees not to disclose Confidential Information to any third party, except as may be necessary to perform its obligations pursuant to this Agreement. Affiliate shall return to Merchant all Confidential Information upon request or termination of this Agreement. Affiliate agrees not to disassemble, decompile or reverse engineer any software provided by Merchant under this Agreement.

9.2. Affiliate agrees that it will not issue any press release, make any public announcement or otherwise advertise, publish, or disclose the entry into or execution of this Agreement, its nature or the terms and conditions hereof, without the prior written approval of Merchant.

10. Taxes
Prices on the website do not include sales tax or any other customs duties, use, value added, excise, federal, state, local or other taxes. California residents will be charged sales tax, but all other such duties or taxes shall be paid by you, or, in lieu thereof, customer shall provide us with an appropriate tax exemption certificate.

11. Product Warranties and Return Procedures
11.1. Customer must request a return for refund within 30 days (45 days for international customers) after the invoice date. No refunds are issued after 30 days (45 days for international customers)

11.2. Each return must have an RMA number, "a Return Merchandise Authorization" number (RMA numbers are issued upon request through email or directly on the site when possible)

11.2. The RMA number should be written on the outside of the box that contains the return merchandise. One RMA number can only be issued for one invoice. If you have different items from different invoices, then you need to request a different RMA number for each return. When returning the product, we strongly recommend the use of a carrier that can track packages. Customer is responsible for insuring the returned item. Merchant will not be responsible for any shipping loss.

11.3. Customer needs to include a copy of the RMA authorization email with the return

11.4. Physical damage to the returned product will void the product's warranty and the RMA policy

11.5. All return(s) must have the original packaging and accessories

11.6. The shipping fee is non-refundable. The buyer is responsible for paying the shipping costs when returning a product, as well as insurance. Merchant will not reimburse any customer for the shipping cost of a returned product, but may issue return address labels at Merchant’s sole discretion if Merchant believes that the product return is due to defects in materials and workmanship affecting form, fit and function of the product and not due to malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions. For returns to qualify for prepaid return address labels the products returned also needs to be at least 70% full (for cartridges and refills) and un-tampered with

11.7. Merchant may take 2-14 business days to process the returns

11.8. A 15% restocking fee may be applied to all returns for a refund if the reason for the return is due to customer error

11.9. Merchant cannot accept returns of certain items for a refund, including: Any item that is returned after the 30 day grace period (45 days for international customers), or any item that is not in its original condition, is physically damaged, or is missing parts, any photo paper that has been printed on or used, or any cartridge or refill that has less than 70% ink or toner left

11.10. All disputes arising out of or related to the limited warranties set forth herein shall be governed by the laws of the State of California

12. Limitations
Other than the terms of limited warranty set forth above in section 11, Merchant makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation any implied warranties of merchantability or fitness for a particular purpose

© 2007 - 2013 Easy Group LLC. All rights reserved.
EGaffiliateprogram™ content and concept is owned and operated by Easy Group LLC and any attempt to duplicate any content is prohibited