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AFFILIATE AGREEMENT =================== Date: 2/7/2012 Agreement Number: AGGREMENT_NUMBER Affiliate Name: AFFILIATE_NAME Agreement Date: AFFILIATE_DATE Affiliate Id: AFFILIATE_ID Product: Picture Frame, Picture Basket Business Name: AFFILIATE_BUSINESS_NAME Affiliate Address: AFFILIATE_ADDRESS Start Date: AFFILIATE_START_DATE End Date: AFFILIATE_END_DATE Contact Person: AFFILIATE_CONTACT_PERSON Affiliate Email: AFFILIATE_EMAIL Affiliate Phone Number: AFFILIATE_PHONE Affiliate Agreement Accepted: AFFILIATE_AGREEMENT_ACCEPTED DesignMyFrame.com 6945 Swiss St City: Chino State: California Zip Code: 91710 Tel: 1-909-591-9080 Fax: 1-909-591-9080 Email: support@designmyframe.com Web: http://www.DesignMyFrame.com Dear Affiliate, Thank you for your interest in becoming affiliate of DesignMyFrame.com. We hope you enjoy benefits of this unique opportunity to sell your products through DesignMyFrame.com. We are pleased to provide you with your Agreement. If you require any assistance, please feel free to contact our Customer Services Department. We are open Monday through Friday from 7:00 AM to 10:00 PM (PST), Saturday from 8:00 AM to 9:00 PM (PST), and Sunday from 8:00 AM to 8:00 PM (PST). Thank you, Customer Service AGREEMENT ========= DEFINITIONS: "We", "Us" and "Our" shall mean DesignMyFrame.com. "You" or "Your" shall mean the company or organization or individuals who intend to sell their Picture Frame and/or Picture Basket through DesignMyFrame.com". WHAT IS SOLD: In consideration of selling your Picture Frame, Picture, Frame-able Product and/or Picture Basket through us and our associates, we furnish or pay for the cost of the Picture Frame, Picture, and/or Framed Product, agreed upon between you and us. This Affiliate Agreement does not limit you to sell your Picture Frame, Picture, and/or Framed Product through any other channel. This Affiliate Agreement does not pay for any items not sold through us. 1) Picture Basket: If you are photo-studio owner, freelance photographer or event photographers, you can avail "Picture Basket" feature of web-site. You create picture-baskets for your customers, upload pictures in picture-basket and select frames for each of the pictures uploaded in the picture basket. You can e-mail picture-basket to your customer for viewing and purchase of framed pictures from picture basket. In the event of purchase of any framed pictures from your picture basket, you are paid commission on per-item basis at a price agreed upon between you and us. Any change in price, which is agreed upon between you and us, are applied to future sale only. You agree to upload pictures in the basket and basket description on our web-site and make true representation of your uploaded pictures on our web-site. You receive monthly statement from us, along with payments for all of the framed pictures from your picture basket that were sold through us in the previous month. 2) Picture Frame: If you sell pictures-frames through us, you agree to ship pictures-frames to our customers and maintain inventory of 10 count of each of the pictures-frames. You agree to periodically check inventory level of the pictures-frames on our web-site. If your inventory drops below 5, you receive low-inventory notification through e-mail and/or post from us. You agree to ship pictures-frames within 5 business days of customer order. If pictures-frames are not received with 5 business days, we reserve the right to terminate this agreement. In the event of termination of agreement, you are paid for the pictures-frames already sold through us. You agree to ship pictures-frames individually packaged and in new condition. Delivered pictures-frames that are damaged in transit or by any reason at the time of delivery is your responsibility. We reserve the right to re-package pictures-frames with new packaging, combine pictures-frames with other products, re-price pictures-frames and sell it to our customers and other venders. You are be paid for all your pictures-frames sold through us at a price agreed upon between you and us. Any change in price of pictures-frames agreed upon between you and us are applied to future sale only. LIMIT OF LIABILITY: The total amount that we pay for and damaged or stolen pictures-frames and frame-product from our storage facility is not to exceed to the lowest price of pictures-frames and frame-product less taxes, shipping sold to our customers from us and the total price of liability not to exceed $100. In case of un-settled claim we reserve the right to pay you the fair sum of amount decided by us. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE OF PICTURE-FRAME, AND FRAME-ABLE PRODUCTS, LOST TIME, OR LOST ITEMS RESULTING FROM THE SHIPMENT OF PICTURE-FRAME. TERMS: 1. Effective Date: 2. Expiry Date: 3. Duration of Agreement: This agreement is effective as of the date this agreement is signed by you and expires at the mid-night of the expiry date. Upon expiration, this agreement is automatically terminated and all termination policies described above are applied. Alternatively, this agreement can be re-new-ed with existing and/or new terms and conditions agreed upon between you and us. 4. Picture Frame Pricing: Refer "Picture Frame Pricing Agreement" 5. Picture Pricing: Refer "Picture Pricing Agreement" 6. Picture Basket: Refer "Picture Basket Agreement". TRANSFER OF AFFILIATE AGREEMENT: This Affiliate Agreement is not transferable. RENEWAL: This Affiliate Agreement may at our discretion be renewed at the expiration of its term. When we offer to renew the Affiliate Agreement, the renewal price is agreed upon between you and us. CANCELLATION: You may cancel this Affiliate Agreement at any time. To arrange for cancellation of this Affiliate Agreement, contact our customer service representative at support@designmyframe.com. Cancellation by us is done in accordance applicable state laws and regulations and the terms described in this agreement. ENTIRE CONTRACT: This Affiliate Agreement sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms. I agree to the terms and condition of this Affiliate Agreement! (Signature of Affiliate) Date (Signature of DesignMyFrame.com Representative) [Print Signing Person Name]: Date Page 1 of 2
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