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Website Development and Marketing for the Futures Industry |
| Please read this agreement carefully and follow the link at the bottom of the page to access the product submission application for OnTheBid.com This section of the site is for people who want to have their products listed on OnTheBid.com. If you're interested in banner advertising please visit our banner advertising section.
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OnTheBid.com Membership Agreement Updated March 27, 2007 This Agreement contains the terms and conditions that apply to an individual's or an entity's participation in the OnTheBid.com retail program. All of the terms and conditions of this membership agreement are pre-conditioned on the adherence to CFTC and NFA regulations regarding the marketing of commodity futures related services and products. Any products or companies found not in compliance with NFA rule 2-29 (dealing with all communications with the public) will not be accepted and or removed from listing on OnTheBid.com and their membership will be terminated immediately. To list software titles on OnTheBid.com we employ the services of RegNow.com, a trusted affiliate tracking and management company for the software industry. Please follow this link RegNow and apply for a vendor account. As soon as you are listed on RegNow, notify us and we'll add your software title to the site as long as it meets the standards for inclusion described in this agreement. For all other products please read and follow these instructions. 1. General Terms In this Agreement, "we", "our", "us", and "OnTheBid.com" mean OnTheBid.com, a division of OcoMoc LLC, and any of OcoMoc's related companies or web sites and "you" or "Vendor" means you the applicant. "Product" means any product, service or subscription that you register for inclusion in OnTheBid.com Retail Services. Your participation in OnTheBid.com Retail Services is governed by this Membership Agreement and the terms, conditions, policies, guidelines, and other information on the OnTheBid.com website, each of which may be modified from time to time. The terms of this Agreement control your participation in OnTheBid.com Retail Services. 2. Enrollment in the Program In order to enroll in the Program, you must submit a complete Program Application and identify at least one Product for inclusion in OnTheBid.com Retail Services. We will evaluate your application and notify you via email of its acceptance or rejection, usually within one week. Appropriate steps will be taken to determine if your product is suitable for inclusion in OnTheBid.com. This decision is made at our sole discretion. 2.1. As part of the enrollment process identify one or more Products that you would like to include in the Program. You may introduce additional Products at any time during your membership in the Program. We will evaluate each product and will notify you of its acceptance or rejection. We may reject any product at our sole discretion, including on the basis that it does not meet a requirement in the Instructions and Terms or if we feel it is not compliant with NFA rules or CFTC regulations. 3. Submission Requirements 3.1. When you submit a product title, you set the suggested retail price or "List Price", a quantity available, description, reviews, images, meta data, contact information and any other relevant product information. You are solely responsible for the content of the information you provide and fully liable for any and all damages resulting from such information. 3.2. Each product must also satisfy OnTheBid.com's suitability standards. These standards currently relate to quality, value, subject matter, production standards, and compliance with intellectual property laws. In no event will we accept any Title that we decide in our discretion to be pornographic or offensive in any way. 3.3. Used or damaged products may not be sold via OnTheBid.com retail services. If you have used products to sell, please visit www.Futures-Pit.com. 3.4. If your application is successfully received, we will send you an e-mail within a few hours. If you do not receive this e-mail, we did not receive your application, please try again. 4. Application Approval 4.1. Your OnTheBid.com account is not considered fully active until you have been approved for inclusion by our team. 4.2. Once you have successfully enrolled at least one product, we will send you Enrolment Confirmation e-mail. This e-mail contains instructions on how to log in as a member and access the control panel for the Vendor account website to confirm your membership and start building pages. 5. License; Representation and Warranties You represent and warrant to us that (a) you have full authority to grant the licenses and permission described in this Agreement; (b) you have valid legal title to all Products and all rights necessary to distribute the Products and to otherwise perform this Agreement; (c) your sale of Products will not violate any contract by which you are bound or any applicable law or regulation; (d) and, the Products, and our promotion of them, will not violate or misappropriate any copyright, trademark or other intellectual property or other rights of any third party. At our option, and at your cost, you will replace or accept the return of any Product that does not comply with these representations and warranties. 6. Purchases OnTheBid.com customers will have the option of making purchases directly through the site or to link out to any vendors site and make the purchase directly from their website or their sales department. In any case, OnTheBid.com will be entitled to a commission on the sale. 7. Payment 7.1. Under our retail services agreement, the vendor for products sold through our site pays OnTheBid.com a negotiable sales fee to be determined on a case-by-case basis depending on the nature of the product and the vendor and in no case will it be lower than any advertised or posted fee available through other outlets. 7.2. Payment is due on or before the 15th (fifteenth) of each month for products sold in the previous month. All payments are made in U.S. dollars. For example, if a Product sells any time during the month of January, OnTheBid.com will receive payment no later than February 15th. 7.3. Customers can either pay through the OnTheBid.com check out process or directly through the vendor's site. 7.3.1. If the purchase is made through the OnTheBid.com website, the vendor will immediately receive a notification of sale. This will then hold the vendor accountable to the applicable State and Federal laws governing taxation, shipping, charging credit cards and any related requirements to the same degree as if the sale were made directly from their own site. 7.3.2. Purchases referred to vendors site from OnTheBid.com will be treated as an affiliate sale and subject to the terms of this Agreement. 7.4. Any late payments can result in the removal of all your products from our site. Furthermore, we will initiate legal action seeking the disputed amount plus all legal fees and administrative costs associated with collecting the monies owed. 7.5. Notification- OnTheBid.com will receive a post back (a message sent to our servers via the HTTP protocol containing transaction details and confirmation.) for online sales within an hour of the sale. For direct sales contact us via email admin@ocomoc.com within Three (3) days of the completion of any sale along with any information as described in the customer practices section. 7.6. Payments should be mailed to: OcoMoc You may choose whatever Suggested Retail Price you like when you register a Product, provided that the Suggested Retail Price is at or below the Suggested Retail Price at which you offer and/or sell that Product via any other online sales channel. 9. Customer Practices Customers who purchase Products are considered mutual customers of OnTheBid.com and the vendor from whom they purchase the product. OnTheBid.com is entitled to the same access to all customer information (except credit card numbers, ACH accounts, or any other valid payment method) as the Vendor regardless of where the sale is finalized. We retain the right to market any products available on our sites to them at any time as detailed in our privacy agreement. The OnTheBid.com Privacy Policy will apply to those customers in the case of a conflict between Our Privacy Policy and Vendor's Privacy Policy; this condition especially applies to the selling of names to third parties and the use of unsolicited emails (spam). We may change our policies and operating procedures at any time at our sole discretion. 10. Publicity You may not issue any press release or make any public statement related to OnTheBid.com Retail Services, or use the name, trademarks or logo in any way (including in promotional material) of OnTheBid.com or any of its affiliates or related companies without our advance written permission, or misrepresent or embellish the relationship between us in any way. 11. Confidentiality During the course of your membership in OnTheBid.com Retail Services, you may receive information relating to OnTheBid.com or OnTheBid.com Retail Services that is not known to the general public ("Confidential Information"). Confidential Information includes, without limitation, information relating to sales consummated under OnTheBid.com Retail Services. You agree that (a) all Confidential Information will remain OnTheBid.com's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in OnTheBid.com Retail Services; and (c) you will not disclose Confidential Information to any individual, company, or other third party. 12. Scope OnTheBid.com may sell the Products through any website or other online point of presence through which it or its affiliates, suppliers or related companies offer, advertise or merchandise products. 13. Additional Regulatory Requirements All vendors must agree to adhere strictly with NFA rules regarding the marketing of commodity related products, services and materials. Any violations of NFA rule 2-29 will result in the immediate termination of this contract. OnTheBid.com will, at its sole discretion, maintain the right to post any relevant information on our site with reference to an NFA, State, Federal or Local Court decision against any former vendor along with an accompanying explanation as to why they are no longer listed on OnTheBid.com. In any case where the CFTC has regulations requiring registration, compliance or listing of commodity related products or services we expect all vendors to comply fully with such requirements. Violation of any CFTC requirement will terminate this agreement immediately. OnTheBid.com will cooperate fully with any NFA or CFTC investigations. Most information you provide to us will be made available upon request by the NFA or CFTC regardless of our Privacy Policy this includes information stored on our server with respect to your IP address and any activities relating to your product descriptions and information. 14. Term a. Commencement. The term of this Agreement begins when you receive your notice of acceptance into OnTheBid.com Retail Services and ends when terminated by either party. b. Termination by you. You may terminate this Agreement at any time, with or without cause, by giving us written notice of such termination. Your termination is effective 30 days from the date we receive your written notice. You must continue to accept, confirm, and fulfill all orders that we send to you prior to the effective date of termination. c. Termination by us. We may terminate this Agreement at any time, with or without cause, by giving you written notice of such termination, which is effective immediately (or on a later date as specified in the notice.) 15. Relationship of Parties You and OnTheBid.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or any kind of exclusive relationship, between the parties. We reserve the right to purchase items from other sources, even if they are similar or identical to your Products, and the right to fulfill customer orders from inventory purchased outside of OnTheBid.com Retail Services, whether from you or from third parties. 16. Limited License and Grant to Descriptive Materials You grant to OnTheBid.com a royalty-free, nonexclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute and prepare derivative works from the Descriptive Materials (defined below) and sublicense the foregoing rights. "Descriptive Materials" means all available information about each Product, including without limitation artwork and text for the packaging (including for example, cover, jacket, jacket flaps, spine and front and back matter); promotional photographs and descriptions, blurbs, author bios, Library of Congress information, title page information, tables of contents, indices, complete product descriptions, reviews and any other materials concerning the product. Aside from those portions of each product identified in the preceding sentence, for the purposes of this Agreement, Descriptive Materials does not include the internal content contained in the Products, such as the text of a book or the recording or musical compositions contained within a CD. 17. Indemnification You indemnify, defend, and hold harmless OnTheBid.com, its affiliated companies, and their respective officers, directors, employees, and agents against any claim, loss, damage, judgment, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) arising from or related to (a) the Products; (b) your alleged breach of any representations or warranty contained in this Agreement; or (c) any content you provide (collectively, "Claims"). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at your reasonable expense and without affecting your indemnification and hold harmless obligations. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which will not be unreasonably withheld. 18. Arbitration Any dispute relating to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates must be submitted to confidential arbitration in Carson City, Nevada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada (and you consent to non-exclusive jurisdiction and venue in such courts). The arbitration will be conducted under the then-prevailing American Arbitration Association rules. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 19. Limitation of Liability; Disclaimers We are not liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this Agreement or OnTheBid.com Retail Services, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and OnTheBid.com Retail Services will not exceed, at any time, the total amounts paid to us under Paragraph 4 of this Agreement during the previous 12-month period. 20. Taxes Any and all fees, expenses or reimbursements (collectively, "Amounts") payable by you pursuant to this Agreement are exclusive of all sales, use, inventory and other taxes, and must be paid without deduction or withholdings of any kind. All such taxes are your responsibility and for your account. If OnTheBid.com is required by law or by administration thereof to collect any such taxes from you, you will pay such taxes to OnTheBid.com. You will be responsible for all other taxes (including interest and penalties) or fees arising from transactions and the documentation of transactions under OnTheBid.com Retail Services. 21. Packaging Items must be free of any marketing materials competing with OnTheBid.com products with our prior written consent. 22. International Shipping You are responsible for all customs clearance obligations for any Products you ship to an international address or are returned to you from an international address. These obligations include, but are not limited to, the payment of all customs duties, taxes and other charges, and the identification of you as importer and exporter of record, as appropriate. OnTheBid.com must not be listed on any documentation as importer, exporter, or consignee. 23. Revisions We reserve the right to change any of the terms and conditions contained in this Agreement, including the policies, guidelines, or other information on the site, at any time and in its sole discretion. Any changes are upon posting a change notice or a new agreement on our website or in your account page. You are responsible for reviewing the new agreement and any applicable changes or notices. YOUR CONTINUED MEMBERSHIP IN OnTheBid.COM RETAIL SERVICES AFTER THE POSTING OF ANY CHANGES CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 14. 24. Miscellaneous a. The laws of the State of Nevada govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. b. 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, and be enforceable against the parties and their respective successors and assigns. c. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. d. We will send all notices and other communication to you at the e-mail address you listed in your OnTheBid.com Retail Services application or, where applicable, via your Account Maintenance page. You must send all notices and other communication relating to OnTheBid.com Retail Services to admin@OcoMoc.com. e. This Agreement represents the entire agreement between the parties with respect to OnTheBid.com Retail Services and supersedes any previous or contemporaneous oral or written agreements and understandings unless specified in writing and signed by both parties. f. This Agreement only governs OnTheBid.com orders for Products that OnTheBid.com will sell through OnTheBid.com Retail Services. If OnTheBid.com orders product from you outside of OnTheBid.com Retail Services (as OnTheBid.com-owned inventory), those transactions will be governed by a separate agreement. I accept the terms of this Membership Agreement |
Due to CFTC and NFA Regulations we may not be able to accept all submissions for products or services. OcoMoc.com has a strict policy of not working with any company it feels is in violation of Federal Regulations regarding the marketing and trading of commodity futures.
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