SublimX® Trading Assistants Operating Agreement
- Parties. This is an agreement between us, i.e. Virtual Media Technologies, Inc.,
and you, the Trading Assistant. If you list a company name when you register, then
the company is deemed to be the Trading Assistant.
- Your Rights and Responsibility.
- You may sell SublimX products through web sites, auction sites, or physical stores.
You are not required to sell any particular quantity
of our products.
- The products that you sell will be available in electronic
(downloadable) form. You may also sell hard copies of our products,
but you must contact us in advance to ensure stock availability.
- All sales to you are subject to SublimX License Agreement and
this Operating Agreement.
- You agree to disclose to the end users that all sales are subject to
SublimX License Agreement as found at
http://www.sublimx.com/Pages/ProductInfo/License.aspx
- You will promptly advise us of any changes in your address,
phone number, and email address, via the Change of Information form at
our Trading Assistants' Support Center.
- Our Rights and Responsibilities.
- We will provide you with graphic and textual text materials for
the purpose of promoting and selling SublimX products.
- We will sell you our products at wholesale
prices disclosed on our web site.
- We will give you access to a password-protected area of our
web site to process orders, to receive your order history, and
to reviw sales statistics at your convenience.
- Sale Procedure.
- For Downloadable Products. Once you sell a product, log in
to Trading Assistants Support Center. Once there,
enter the name of the auction facility, the item number, and the
customer's email address. We will charge your account and
issue a Download Certificate. We will send the Download Certificate
to your customer in an email that would show is coming from you.
A copy of that email will be sent to you and will be available in our
database for your review (for at least 90 days).
- For Hard Copy Products. Please contact us to purhase
the desired number of hard copy items before you start selling.
Payment will be required on delivery.
- Term of the Agreement
The term of this Agreement will begin upon our acceptance and approval of
your application and will end when terminated by either
party. Either party may terminate this Agreement at its sole discretion
at any time, with or without cause, by giving the other party notice of
termination. To cancel your account, you agree to use the cancellation form
available at Trading Assistants Support Center of our web site.
- Relationship of Parties. You and Virtual Media Technologies, Inc.
are independent persons. You are not our employee or agent.
You will be solely responsible for the development, operation, and
maintenance of your site, store, or auction page and for all materials
thereon.
- Modification. We may modify any of the terms and conditions contained
in this Agreement at any time in our sole discretion. You will be notified by
email and a change notice will be posted on our site. If any
modification is unacceptable to you, you may terminate this
Agreement. Your continued participation in the Trading Assistants Program
following our posting of a change notice or new Agreement on our site will
constitute binding acceptance of the change.
- Entirety of Agreement. This Agreement is the entire agreement between us,
superseding any other agreement or discussions, oral or written. The provisions
of this Agreement may not be changed or waived except by a written agreement signed
by a duly authorized officer of Virtual Media Technologies, Inc.
- Governing Law. This Agreement shall be governed and construed in
accordance with the laws of United States of America and the State of Indiana,
United States of America, excluding the application of their conflicts of law
rules. This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which
is expressly excluded. Any claim in connection with, arising
under, or in any way whatsoever relating to (i) this Agreement, (ii) the
relationship created by this Agreement shall be
brought in a court sitting in Indianapolis, Indiana.
In any
such action, the prevailing party shall be entitled to reasonable
attorney's fees and expenses.
- Severability. If any provision of this Agreement is declared
by a court of competent jurisdiction to be invalid, illegal, or unenforceable,
such a provision shall be severed from the Agreement and the other provisions
shall remain in full force and effect.
- Language. The parties have requested that this Agreement
and all documents contemplated hereby be drawn up in English.
- Construction. This Agreement shall be construed reasonably and
not against any particular party. The titles given to the paragraphs and
subparagraphs of this Agreement are for the convenience of the parties.
This Agreement shall be construed without regard to such titles.
Last Updated: December 5, 2005
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