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(Pull Down to Select)AFGHANISTANALBANIAALGERIAAMERICAN SAMOAANDORRAANGOLAANGUILLAANTARCTICAANTIGUA AND BARBUDAARGENTINAARMENIAARUBAAUSTRALIAAUSTRIAAZERBAIJANBAHAMASBAHRAINBANGLADESHBARBADOSBELARUSBELGIUMBELIZEBENINBERMUDABHUTANBOLIVIABOSNIA AND HERZEGOVINABOTSWANABOUVET ISLANDBRAZILBRITISH INDIAN OCEAN TERRITORYBRUNEI DARUSSALAMBULGARIABURKINA FASOBURUNDICAMBODIACAMEROONCANADACAPE VERDECAYMAN ISLANDSCENTRAL AFRICAN REPUBLICCHADCHILECHINACHRISTMAS ISLANDCOCOS (KEELING) ISLANDSCOLOMBIACOMOROSCONGOCONGO, DEMOCRATIC REPUBLICCOOK ISLANDSCOSTA RICACÔTE D'IVOIRECROATIACUBACYPRUSCZECH REPUBLICDENMARKDJIBOUTIDOMINICADOMINICAN REPUBLICEAST TIMORECUADOREGYPTEL SALVADOREQUATORIAL GUINEAERITREAESTONIAETHIOPIAFALKLAND ISLANDS (MALVINAS)FAROE ISLANDSFIJIFINLANDFRANCEFRENCH GUIANAFRENCH POLYNESIAFRENCH SOUTHERN TERRITORIESGABONGAMBIAGEORGIAGERMANYGHANAGIBRALTARGREECEGREENLANDGRENADAGUADELOUPEGUAMGUATEMALAGUINEAGUINEA-BISSAUGUYANAHAITIHEARD ISLAND & MCDONALD ISLANDSHOLY SEE (VATICAN CITY STATE)HONDURASHONG KONGHUNGARYICELANDINDIAINDONESIAIRAN, ISLAMIC REPUBLIC OFIRAQIRELANDISRAELITALYJAMAICAJAPANJORDANKAZAKSTANKENYAKIRIBATIKOREA, PEOPLE'S REPUBLICKOREA, REPUBLIC OFKUWAITKYRGYZSTANLAO PEOPLE'S REPUBLICLATVIALEBANONLESOTHOLIBERIALIBYAN ARAB JAMAHIRIYALIECHTENSTEINLITHUANIALUXEMBOURGMACAUMACEDONIAMADAGASCARMALAWIMALAYSIAMALDIVESMALIMALTAMARSHALL ISLANDSMARTINIQUEMAURITANIAMAURITIUSMAYOTTEMEXICOMICRONESIAMOLDOVA, REPUBLIC OFMONACOMONGOLIAMONTSERRATMOROCCOMOZAMBIQUEMYANMARNAMIBIANAURUNEPALNETHERLANDSNETHERLANDS ANTILLESNEW CALEDONIANEW ZEALANDNICARAGUANIGERNIGERIANIUENORFOLK ISLANDNORTHERN MARIANA ISLANDSNORWAYOMANPAKISTANPALAUPALESTINIAN TERRITORYPANAMAPAPUA NEW GUINEAPARAGUAYPERUPHILIPPINESPITCAIRNPOLANDPORTUGALPUERTO RICOQATARRÉUNIONROMANIARUSSIAN FEDERATIONRWANDASAINT HELENASAINT KITTS AND NEVISSAINT LUCIASAINT PIERRE AND MIQUELONST VINCENT AND THE GRENADINESSAMOASAN MARINOSAO TOME AND PRINCIPESAUDI ARABIASENEGALSEYCHELLESSIERRA LEONESINGAPORESLOVAKIASLOVENIASOLOMON ISLANDSSOMALIASOUTH AFRICASOUTH GEORGIASPAINSRI LANKASUDANSURINAMESVALBARD AND JAN MAYENSWAZILANDSWEDENSWITZERLANDSYRIAN ARAB REPUBLICTAIWAN, PROVINCE OF CHINATAJIKISTANTANZANIA, UNITED REPUBLIC OFTHAILANDTOGOTOKELAUTONGATRINIDAD AND TOBAGOTUNISIATURKEYTURKMENISTANTURKS AND CAICOS ISLANDSTUVALUUGANDAUKRAINEUNITED ARAB EMIRATESUNITED KINGDOMUNITED STATESURUGUAYUZBEKISTANVANUATUVatican City State See HOLY SEEVENEZUELAVIET NAMVIRGIN ISLANDS, BRITISHVIRGIN ISLANDS, U.S.WALLIS AND FUTUNAWESTERN SAHARAYEMENYUGOSLAVIAZAIREZAMBIAZIMBABWE

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Agreement

(To view a printable version of the agreement below please click here.)

Please read this contract carefully before submitting this application!

<p>-----------Beginning of Agreement-------------</p> ---On-Line Retailer Affiliate Drop-Ship Program Agreement---<br> <p>This Agreement contains terms and conditions which apply to any person’s participation in our On-Line Retailer Affiliate Drop-Shipp Program (the "Affiliate Program"). As used in this agreement, "we" or “Company” means SnapMark, Inc. d/b/a www.poolmarkers.com and "you" or “OLR” means the applicant as identified by you in your on-line application, and "product" means any of our products offered for sale by you from your website (your website being designated by you in the on-line application).</p> <p>Program Purpose: The purpose of the On-Line Retailer Affiliate Program for drop shipping is to enable On-Line Retailers in avoiding shipping costs, inventory tracking, costs, and interest. In this program the On-Line Retailer list PoolMarker products on its website just like any other product. When a customer places and order with the OLR, the OLR passes the order on to PoolMarkers, which then ships the order to OLR’s customer</p> <p>Order Processing Purchase Orders. On-Line Retailer (“OLR”) will order Goods by electronic notice to Company. Each order shall include:</p> <p>a.the part number and quantity of Goods; <br>b.the method of shipment; <br>c.an electronic copy (jpeg, Acrobat®, or otherwise) of OLR’s usual customer invoice, packing slip and/or shipping label; <br>d.payment in full, to include:</p> <p>(1) discounted list price(2) shipping charges as reflected on invoice to your customer(3) one-half of the handling charges reflected on invoice to your customer(4) sales tax on discounted list price, unless proof of exemption is on file with us</p> <p>Acceptance. An order is considered accepted when acknowledgment of receipt of the order is given by Company to OLR, or if no acknowledgment is given then when shipment is made</p> <p>Cancellation. An order that has been shipped cannot be cancelled without the written approval of the Company.</p> <p>Pricing; Payment Pricing of Goods to OLR. OLR will pay List Price minus the OLR percentage discount available to On-Line Retailers in the Drop Ship Program.</p> <p>Shipping. OLR will pay to Company the shipping amount, and one-half of the handling charge, reflected on their customer’s invoice to for shipping and notify Company as to the type of shipping paid for. Liability for loss or damage in transit, or thereafter, shall pass upon Company's delivery of Goods to a common carrier for shipment.</p> <p>Taxes. OLR will be solely responsible for collecting all applicable taxes from its customer. If OLR has both entered valid sales tax exemption number(s) into the on-line application to become an OLR in the Drop Ship Program, and has faxed to Company a signed valid re-sale certificate for sales or other applicable tax exemption, OLR will not have to include sales tax on the discounted purchase price. If such records are not in place at the time of sale, by law the tax must be added to the discounted list price and paid at the time of order</p> <p>List Price. The List Price of the Goods shall be as of the sale date, as from time to time posted on this website. Company will endeavor to give Distributor advance notice of price changes. Price are stated in U.S. Dollars. Company may in its discretion specify a lower price to the trade.</p> <p>Reserved Right of Sale. End-User sales only may be made through this program. The discount is not available on sales to distributors, or wholesalers. The Drop Ship Program may not be used in conjunction with any other program or discount offered by Company to any other persons for any other reasons.</p> <p>Payment. Payment is made electronically in US dollars at the time of order. Unpaid or uncollected amounts will have one and one-half percent (1.5%) per month finance charge assessed until paid. If the account is placed in the hands of an attorney or collection agent, OLR will pay the fees and costs associated therewith. Company reserves the right to revoke any credit extended at the Company's sole discretion.</p> <p>Return Policy We will endeavor to match your return policy. However, returns must be accompanied by a RGA (return goods authorization) number and original invoice, subject to the conditions outlined below. Any item returned without an RGA will be refused, and the sender will be responsible for return shipping. Non-defective returns are subject to the sole discretion of Company. When allowed, returned merchandise must be received within thirty (30) days from the date of Buyer's physical receipt of the merchandise, must be undamaged, with all accompanying material, in like-new saleable condition, freight paid, and accompanied by an RGA number and the original receipt. Company reserves the right to charge a five percent (5%) restocking fee, a three percent (3%) processing fee, and original shipping charges. These charges apply to refused items as well. Cancelled orders are subject to a three percent (3%) processing fee. Cancelled orders are only allowed if product has not been shipped.</p> <p>Mutual Responsibilities OLR Responsibilities. OLR shall use its best efforts to perform the following duties:</p> <p>a.Honor Company’s Warranty on behalf of Company, and return any defective Goods to Company. Company will credit OLR in equal number to Goods upon which OLR has honored warranty requests.<br>b.Truthfully represent Company Goods.<br>c.Refrain from modifying Company Goods.<br>d.To the extent that OLR tracks such data, provide to Company on a periodic basis the demographics of customers buying the Goods, sales information, and returns information.</p> <p>Company Responsibilities. Company shall use its best efforts to perform the following duties:</p> <p>a.Warrant to OLR (not end-users, whose warranty is stated elsewhere herein) that the Goods purchased by OLR meet the following warranty of merchantability:</p> <p>(1)pass without objection in the trade<br>(2)are of fair average quality<br>(3)are fit for ordinary purposes<br>(4)are of even kind, quality and quantity<br>(5)are adequately contained, packaged and labeled<br>(6)conform to the product description on OLR’s Purchase Order to Company.</p> <p>b.Supply the Goods requirements of OLR;<br>c.Assure that the Goods conform to the warranties set forth herein;<br>d.Reimburse or re-supply OLR for Goods upon which OLR has honored Company’s warranty on behalf of Company;<br>e.Provide downloadable product literature and product information on this website which OLR may access and use for free.</p> <p>Warranties: Goods Title Warranty. Company warrants that the Goods purchased by OLR hereunder shall be free and clear of all liens and encumbrances except for Company's purchase money security interest therein.<p> <p>Limited Goods Warranty. Warranties do not extend beyond the original end user. Company warrants that the parts are free from defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY. OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase or installation. Company will provide a replacement part, or may opt to reimburse the purchase price if that is infeasible. Company. s sole liability with respect to any defect shall be for the replacement of the defective part(s). No one is authorized to make any other warranties on behalf of Company, or modify this warranty. Company will not be liable for any pipe, valve, or line repair or replacement as a result or removing or replacing any Goods; going to an end-user. s location to teach them how to use the product; repairing damaged or failure caused by acts of God, abuse, faulty installation or removal, abnormal usage, use or application for which the product is not intended. The foregoing shall constitute Company. s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. COMPANY WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL, INSTALLATION, OR REINSTALLATION, AND REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS. </p> <p>General Matters: Authorized Use Logos and Brands by OLR. For the purposes of this Contract, Company authorizes OLR's use of slogans, ads, product images, logos, and graphics developed by Company and provided to OLR, found from time to time on the Company’s website (poolmarkers.com), or created by Company in the future. OLR will, on termination of this contract, or upon request of Company, discontinue the use of the above and thereafter will not use the same either directly or indirectly in connection with its business or expressions so nearly resembling the same as would likely lead to confusion or uncertainty, or to deceive the public. To protect the intellectual property rights of Company, this right of use will terminate two years after entry into the Drop Ship Program, and must then be renewed.</p> <p>Intellectual Property Rights Reserved. OLR acknowledges that the Goods and intellectual property rights pertaining to the Goods, and associated Tradenames and images are the property of Company, and that the products are being made available to OLR in confidence and solely on the basis of its confidential relationship to Company for the purposes of retail sales.</p> <p>Acceptance of Goods.: The Goods shall be deemed accepted by Customer if at the time of delivery Customer does not report to Company in writing that the Goods do not conform to the product description on OLR’s purchase order to Company. Products pictures on the website are as accurate as possible but may not be exactly identical to the actual part.</p> <p>Website Terms and Conditions. The terms of the www.poolmarkers.com Website Legal Statement are incorporated herein.</p> <p>Delays in Delivery; Force Majeure. Company shall not be liable for or in default of this contract by reason of any delay attributable to any cause, circumstance, or contingency beyond its control or the control of its suppliers or manufacturers which prevents or impedes manufacture, supply, or delivery to Buyer by Company whether directly or indirectly. Such causes, circumstances, and contingencies shall include, but not be limited to: terrorist activity or the results thereof; inability to obtain material, supplies or services in the normal course of business; accidents; fire; explosion; strikes, lockouts, or other labor problems; freight embargo; gas or petroleum product shortage or embargo; act of God or of the public enemy; war; riots; civil disturbance; act of any government, de jure or de facto, or agency or official thereof; material or labor shortage; transportation contingencies; unusually severe weather; default of any other Company or a supplier or subcontractor; quarantine, restriction, epidemic; catastrophe; restraints affecting shipment or credit; non-arrival or delay of carriers; lack of timely instructions or essential information from Buyer; inadequate or reduced supply or excessive cost of suitable raw materials, transportation or production facilities; or otherwise arising out of causes beyond the reasonable control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages. Delays in delivery attendant to same shall not entitle Buyer to terminate this contract, terminate or not honor any Purchase Order, or collect damages for same. In the event of such default or delay, the date for shipment shall be extended correspondingly. Company may make delivery on an equitable basis with reference to all its Buyers. No orders may be cancelled unless acceptable to Company.</p> <p>Arbitration: Apart from any dispute over the ownership of intellectual property or title to other proprietary rights, all controversies or claims arising out of or in connection with this agreement and not settled first between the parties in a face-to-face meeting between representatives with authority to resolve the dispute, shall be settled through binding arbitration, to be conducted under the rules of the American Arbitration Association, in Florida or at another location designated by SnapMark, Inc. The decision of the arbitrator, including any remuneration, damages, legal costs and other commissions, shall be final and shall be capable of entry as a legal judgment by any court having jurisdiction over the parties or their successors or assigns. The costs of arbitration shall be equally borne by the parties. The parties agree that any disputes over the ownership of intellectual property or title to other proprietary rights shall be submitted for resolution to a US or state court in an venue designated by SnapMark, Inc and properly having jurisdiction to hear the matter.</p> <p>-----------End of Agreement-----------</p>

Check Here if you Agree with this Agreement

Affiliate Drop Ship Program

Program Discount:

30%

Linkage:

None; product listing only on your site

Logo Handling:

The product shots and logos will be used solely for the purpose of offering our products for sale through your website. The product shots and logos will always stand alone and will not be combined with any other graphical elements. The product shots may be proportionately scaled as needed, but will not otherwise be altered. The product shots and logos will be displayed in a positive manner and will not be used in any way that adversely affects or disparages us, or website, or products.

Sites not suitable for this program:

Your website should not contain any material or links to violence, bomb making, illegal drugs, alcohol, voyeurism, or sexually explicit content.  Any website violating these restrictions will be removed from the program immediately.  You and we each have the right to terminate the agreement with or without cause or liability.

I AGREE to these termsI do NOT agree

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