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DesignerApparel.com Merchant Agreement
1. INTRODUCTION
DesignerApparel.com ("DesignerApparel") provides you with the opportunity to advertise on our shopping search engine via our Merchant Program service subject to the following terms and conditions (this "Agreement").
2. YOUR RESPONSIBILITIES
You agree and represent that all information you provide to DesignerApparel will be accurate, complete and current. You represent and warrant that your information in the product/search advertisement itself or through the Web site it links to does not violate any law or regulation and does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party. DesignerApparel reserves the right to refuse or remove any product/search advertisement at its discretion. You acknowledge that DesignerApparel is not responsible for the maintenance of your Web site(s) nor is DesignerApparel responsible for order entry, payment processing, customer service or any type of fulfillment of orders placed on your Web site(s).
3. PAYMENT
You may pay DesignerApparel by credit card, charge card or bank wire. You understand and agree that you will be charged for all Clicks on your search/product advertisements, and that such charges shall be based on the total number of Clicks multiplied by your store's assigned CPC ("cost-per-click") rate.
4. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless DesignerApparel, and its affiliates, licensees, vendors, contractors, agents, and employees (collectively, "Agents"), from any and all liabilities, costs and expenses, including, without limitation, reasonable attorney's fees and costs, that may arise from your use of DesignerApparel.com and/or your Web site(s) and/or your breach of the terms of this Agreement.
5. TERMINATION
Furthermore, DesignerApparel may choose to suspend or terminate your account, and discontinue your participation in the Merchant Program at any time at its sole discretion. If you are dissatisfied with the Merchant Program or with any of the terms and conditions contained herein, your sole remedy is to terminate your participation by giving DesignerApparel written notice of your intent.
6. REFUNDS
If your account is terminated, you will only receive a refund for amounts not yet charged to your account at the time of such termination.
7. DISCLAIMERS
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE MERCHANT PROGRAM IS AT YOUR OWN RISK. DESIGNERAPPAREL.COM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER DESIGNERAPPAREL NOR ANY OF ITS AGENTS MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE MERCHANT PROGRAM, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE MERCHANT PROGRAM. DESIGNERAPPAREL HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS AGENTS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF THE MERCHANT PROGRAM, PRODUCTS OR SERVICES AVAILABLE THROUGH THE MERCHANT PROGRAM. If you are dissatisfied with DesignerApparel, your sole remedy is to terminate your participation in the Merchant Program. DesignerApparel does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made by any person who completes a survey or provides any comments to DesignerApparel. DesignerApparel reserves the right to refuse to post or to remove any information or content, in its sole discretion, which is unacceptable, undesirable, or violates the terms of this Agreement. DesignerApparel makes no warranty that the DesignerApparel Merchant Program will be uninterrupted or without errors.
By participating in the DesignerApparel Merchant Program, you signify your acceptance of this agreement.
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