ShopToFind.com Merchant Program
(Effective January 1, 2016)
Merchants are subject to approval before payment is accepted and product data feeds can be uploaded.
This Merchant Agreement is made between us, ShopToFind.com, Inc. a US business with its principal office located at 303 SW 45th St., Lawton, OK 73505. (ShopToFind.com or we, our us), and you, the person, firm or company who or which wishes to participate as a Merchant in our Merchant Listings service (the Service) (collectively, the Merchant Program) (you and your).
Please read this Agreement carefully. It explains our respective obligations under the ShopToFind.com Merchant Program. By completing and submitting your Merchant Registration or otherwise participating in our Merchant Program, you agree to the terms and conditions of this Agreement.
By entering into this Agreement, you represent and warrant that:
SERVICE SPECIFIC TERMS (listing approval subject to verification of the following)
The Service permits you to list your products (advertise) on the ShopToFind.com website(s) (defined below) to obtain unlimited click-throughs on the Links within your Product Listings (defined below) and other click-throughs to your website generated from the ShopToFind.com Website(s) (Clicks).
This agreement includes the ShopToFind.com Website(s), and all other websites we operate or control, websites we provide comparison-shopping content to, email newsletters and/or other emails, and/or other media or services we may offer to consumers from time-to-time.
ShopToFind.com is a shopping venue wherein we provide an online shopping search engine that assists consumers in shopping for and locating products and/or services offered by participating Retail Merchants. Merchants are required to meet the following requirements:
1. Accurate Customer Service Phone Number and at least Postal Mailing Address if an online only merchant.
2. All merchant websites MUST be HTTPS on the ENTIRE SITE, as well as the shopping cart.
5. Merchants MUST agree to place our link and/or logo (style choices available) for ShopToFind.com on your website homepage (in the footer is acceptable) to assist yourself in notifying the general public that you participate in our shopping service site and to help generate traffic to our service and ultimately to your website via organic link listings. NOTE: Failure to maintain an active link back to our site will result in products becoming de-activated until such time that the link is returned and a verification email is submitted via your account.
6. Merchants MAY provide links to their social networking pages - such as Facebook, Twitter, Pinterest, Google+, Instagram, LinkedIn, Skype, Stumbleupon, Vimeo, and/or YouTube.
7. Merchants MAY provide up to 5 Discount Codes and/or Coupon Codes in the space provided.
8. Merchants MUST provide a 200 x 90 pixel Logo Image to their site
Merchants are to provide ShopToFind.com data feeds of their available products for sale as specified in the ShopToFind Merchant Advertising Policies. Consumer searches generally return relevant product listings containing direct url links to Merchant's products and services on the merchant's website and as matches the product information displayed by virtue of the data feed submission to ShopToFind.com, (including links to your website(s) (your Website), coupon or deal content (collectively, Listings)).
ShopToFind.com makes no representations regarding the rank, location and prominence of any Listing and maintains the sole right to determine whether and where a Listing will be displayed within the ShopToFind.com Website(s) in response to a given search or otherwise.
While ShopToFind.com has no obligation to monitor Listings, we may refuse, edit, or remove any Listing which breaches this Agreement, violates the Merchant Advertising Policies, Product Data Feed Requirements, and/or which we consider may be unlawful, harmful to consumers or otherwise brings ShopToFind.com into disrepute.
You, the Merchant, agree to provide a properly formated data feed of your products as outlined in the Data Feed Requirements and submit them per the Data Feed Instructions provided therein.
ShopToFind.com has been created to promote the success of small-mid-sized retail merchants by giving them a venue to offer their products to the shopping consumer in one online place. Therefore, ShopToFind reserves the right to refuse acceptance of feeds by any large businesses that seek to limit the success of small-mid-sized businesses by way of price-cutting and other unfair business practices that limit or quash the success of said small-mid sized businesses.
Advertising Charges and Payment.
You will be charged, and agree to pay, for product listings sold to you in your choice of advertising plans which contain a certain number of products permitted in a data feed for a period of 30 days from time of purchase.
You may choose the plan and/or number of blocks required to meet the size of your product feed to ensure all your products are listed.
Advertising blocks are good for a period of 30 days during which time you will be able to and are encouraged to update as needed to continually reflect accurate product availability and pricing. However, feed uploads are limited at this time to once per 24 hours per merchant.
NOTE: Be sure NOT to include (a) sold out (b) out-of-stock (c) unavailable products in your data feed as these will be counted toward the number of products in your feed and may cause you to over-pay. Also, products that do NOT have an image url with a file extension will NOT be imported
You shall pay all charges in the local currency applicable to the country primarily served by the relevant ShopToFind.com website, in accordance with your agreed to payment plan. Currently, ShopToFind.com operates primarily from the home base in the USA.
You hereby authorize ShopToFind.com to charge/withdraw from your bank account or credit card amounts consistent with the terms of your Plan.
Your Obligations. You represent and warrant that:
Neither the content on your Website(s), in any Listings you provide us nor other materials you provide us will: (i) violate any applicable law, statute or regulation; (ii) infringe in any manner any copyright, patent, trademark, database right, design right, trade secret or other intellectual property right of any third party; (iii) breach any duty toward or violate the rights of any person or entity including, without limitation, rights of publicity or privacy, and or will result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) is false, misleading, defamatory, libelous, slanderous or threatening.
Each of the Listings you provide us reflects products and services that you are able and willing to offer customers, deliver in a timely manner, and are currently available for purchase by the consumer at the time of the listing, and that you will make any necessary changes if any information is not current or accurate; and
Notwithstanding anything in this Agreement to the contrary, unless ShopToFind.com expressly agrees in writing to take on additional responsibilities, you shall at all times be responsible for offering and selling products and services featured on your Website(s) or in your Listings including, without limitation, taking orders, fulfillment of orders, shipping, invoicing, product returns, replacement of products, customer service and payment of any and all taxes and other government charges.
ShopToFind.com Ownership of Ratings. You agree that, as between the parties, we own all Ratings, consumer reviews and other related data about you, your products and/or your services that is collected from anyone via the ShopToFind.com Website(s). We may use, display, reproduce, compile, edit, sell and distribute this as we deem appropriate. You agree that ShopToFind.com is not responsible for the content of or for the accuracy or reliability of any Rating Data, including any third party opinions or statements. We reserve the right, in our sole discretion, to refuse to post or to remove any Ratings Data we deem unacceptable or in violation of our survey or review rules (but are not obligated to, except as required by law).
GENERAL MERCHANT PROGRAM TERMS AND CONDITIONS
The following terms apply to our Merchant Program and any other Merchant products or services we may provide you.
Accurate Information. You represent that all information you provide or direct us to about your business, products, services or otherwise, including without limitation, via our Merchant Program registration process, order forms, and your Listings, is accurate, complete and current.
Merchant Account. To participate in our Merchant Program you will be required to set up and maintain a Merchant Account (your Account) on the ShopToFind.com site.
Setup. We may impose any lawful restrictions on your ability to establish an account. You are responsible for keeping any username and password, and other account information, confidential and are fully responsible for all activities that occur under your Account (including the actions of your Agents, employees, representatives), whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your Account or username.
Balances/Inactive Accounts. You will be required to pay for the number of advertising blocks needed to include all your products in your datafeed every 30 days. After 30 days, should your account and the number of advertising blocks used remain unpaid, your products will no longer be displayed in our product offerings and your account may be deactivated.
Refunds. ShopToFind.com does not offer any Refunds for any reason for advertising purchased.
Merchant Portal. You can check the number of Clicks through to your website by shoppers on the dashboard within your Account. However, please note that the data on the dashboard is updated periodically and not in real time and so may not be completely accurate at any one time. However, at this time we are not offering any type of analytics as to the number of clicks per product or category.
Changes. If you authorize an account manager to make changes in your Account, such as making payment for advertising, you shall be responsible for the advertising charges yourself. You can revoke such authority at any time by written notice (including email) to such account manager and shall hold ShopToFind.com harmless.
Our Merchant Program, the ShopToFind.com Website(s), and our products, services and content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, icons, computer programs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, ShopToFind.com) and all intellectual property rights to the same are owned by us and/or our licensors.
Additionally, all trademarks, service marks, trade names, logos and trade dress that may appear in connection with the Merchant Program or ShopToFind.com Website(s) are owned by us and/or our licensors (ShopToFind.com).
ShopToFind.com hereby grants you for the term of this Agreement a non-exclusive, non-transferable, royalty-free right and license to use the ShopToFind.com Marks solely in connection with the Merchant Program and subject to guidelines ShopToFind.com may offer from time-to-time.
You do not acquire any right, title or interest in any ShopToFind.com and shall not use any of the same except as expressly permitted under this Agreement. We reserve any rights in and to the ShopToFind.com not expressly granted in this Agreement.
We acknowledge your right, title, and interest in and to your trademarks, service marks, trade names and logos (Merchant Marks) and the content on your Website and Listings (Merchant Content). You reserve any rights in and to Merchant Content and Merchant Marks not expressly granted in this Agreement.
You hereby grant ShopToFind.com for the term of this Agreement a non-exclusive, transferable, sub-licensable, worldwide, royalty-free right and license to use, display, reproduce, compile, edit, and distribute your Merchant Content and Merchant Marks (including any data you provide ShopToFind.com or that is generated from your Listings) throughout the ShopToFind.com Website(s) in connection with the Merchant Program and for associated publicity and related purposes.
Each party acknowledges and agrees that its use of the other's marks will not create in such party any right, title or interest in such marks and that all such use of the marks of the other party and the goodwill generated thereby will inure to the benefit of the other party.
When you place the ShopToFind.com logo or text link on your Website, ShopToFind.com may collect certain information from you and/or your users for its own uses (Analytics Data).
Analytics Data acquired from ShopToFind.com’s logos or links on your Website may identify your user’s device, but does not contain any personally identifiable data. However, we may be able to associate Analytics Data with other data from cookies acquired by your users elsewhere in the ShopToFind.com Website(s) or from third party websites (Website(s) Data). You agree to:
You shall defend, indemnify and hold harmless ShopToFind.com and its affiliates, licensees, vendors, contractors, agents, and employees (collectively, Agents), from any and all liabilities, damages, costs, claims and expenses (including, without limitation, reasonable attorney's fees and costs) that may arise from your participation in the ShopToFind.com Merchant Program or any other ShopToFind.com services, your breach of any of the terms of this Agreement, any content or materials that you provide us, any consumer's use of your Website(s), or purchase or attempted purchase and/or use of any of your products or services through our website(s).
You expressly agree that your participation in the ShopToFind.com Merchant Program is at your own risk. The services offered in the ShopToFind.com Merchant Program are available on an “as is” basis.
Neither ShopToFind.com nor any of its Agents makes any condition, warranty or representation whatsoever regarding the ShopToFind.com Merchant Program, any information, products or services available through or in connection with the ShopToFind.com Merchant Program or any other ShopToFind.com product or service, or any results obtained through the use thereof.
To the maximum extent permitted by law, all conditions, warranties and other terms implied by statute or common law are excluded from this Agreement, including, without limitation (i) any conditions or warranties as to the availability, accuracy or content of the ShopToFind.com Merchant Program, or any information, products or services available through or in connection with the ShopToFind.com Merchant Program or any other ShopToFind.com service, or as to the customers, Clicks, traffic or other benefits to be generated by the ShopToFind.com Merchant Program, or that the same will be uninterrupted or error-free; and (ii) any conditions or warranties of title or of merchantability, fitness for a particular purpose or non-infringement.
Liability Limit. Any liability of ShopToFind.com or any of its Agents arising out of or in connection with this Agreement (whether in tort (including negligence and breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise) shall be limited to the amount you have paid to ShopToFind.com for your participation in the ShopToFind.com Merchant Program in the six (6) month period before the event which caused the damage occurred.
Exclusions. In no event shall ShopToFind.com or any of its Agents be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise for any: (i) loss of profits or revenues, loss of goodwill, damage to reputation or loss of data (whether direct or indirect), or (ii) indirect, incidental, special, punitive or consequential loss or damage of any nature whatsoever arising out of or in connection with any aspect of your participation in the ShopToFind.com Merchant Program, whether or not ShopToFind.com has been apprised of the possibility of such loss or damage.
Certain Liability not limited. Nothing in this Agreement shall limit or exclude the liability of ShopToFind.com or any of its Agents: (i) for death or personal injury caused by its negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) in respect of any other liability which cannot be limited or excluded by applicable law.
Reasonable allocation of risk. You acknowledge these limitation and exclusion of liability clauses to be reasonable, taking into account the other terms of this Agreement and your ability to insure against any losses which might arise from a breach of this Agreement, and you acknowledge that ShopToFind.com would not have entered into this Agreement but for these limitation and exclusion of liability clauses.
Modifications; Additional Terms
We may from time to time modify the terms of this Agreement to reflect changes to our business practices and policies, changes in applicable laws or regulatory requirements or for other reasons.
Also, we may from time to time provide you with operating rules, guidelines, policies or additional terms that govern your participation in the ShopToFind.com Merchant Program (Additional Terms) and may from time to time modify such Additional Terms. You shall comply with such Additional Terms as a term of this Agreement.
If we modify this Agreement or introduce or modify any Additional Terms, we will where possible give you at least one month's written notice before any changes take effect. If you do not agree with the changes, you may, as your sole recourse, terminate this Agreement by closing your account. Your continued participation in the ShopToFind.com Merchant Program will constitute your acceptance of the modified Agreement or Additional Terms.
To the extent any Additional Terms conflict with this Agreement, the Additional Terms will control.
This Agreement will remain in effect until terminated by either party by giving not less than 48 hours’ notice in writing to the other.
Notwithstanding anything contained in this Agreement to the contrary, if you commit any breach this Agreement or any Additional Terms, or if we consider that anything in your Website or Listings may be unlawful, harmful to consumers or otherwise bring ShopToFind.com into disrepute, then we may immediately and without the need for any notice suspend your participation in the Merchant Program. All decisions made by us in this matter will be final and you agree that we shall have no liability to you or anyone else with respect to such decision. No Merchant shall have any right or enforceable interest to participate in the Merchant Program.
Following termination of this Agreement for any reason: (i) you shall no longer participate in the Merchant Program; (ii) you shall cease all use of ShopToFind.com Marks; and (iii) we may continue to use and display Merchant Marks in the Ratings section of the ShopToFind.com Website(s) for a period of up to 120 days following termination provided that if you ask us to stop displaying Merchant Marks we shall endeavor remove Merchant Marks from the Ratings section as soon as practicable.
We may give general notices to participating Merchants by postings on the Merchant Services portion of www.ShopToFind.com.com (login required) (using commercially reasonable efforts to notify you via email of any such postings), and you agree to be bound thereby.
Notices specific to you will be sent to your email address or business address for the time being registered in your Account.
You may give notice to us by email to info @ ShopToFind.com, or otherwise to our principal place of business as stated above.
Independent Contractor. Nothing in this Agreement is intended or should be construed to create a joint venture, partnership, franchise, agency or similar legal arrangement between ShopToFind.com and you or any other Merchant. We each operate as independent contractors under this Agreement.
This Agreement (including any Additional Terms incorporated by reference) constitutes the entire agreement between the parties regarding its subject matter, and supersedes and replaces any and all prior agreements, understandings or agreements between the parties, whether oral or in writing, with respect to the same.
Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
You shall not change, transfer, assign, subcontract, mortgage, or declare any trust over or deal in any other manner with any or all of your rights and/or obligations under this Agreement without prior written consent from ShopToFind.com and/or its legal representative(s).
You agree that ShopToFind.com may at any time change, transfer, assign, subcontract, mortgage, or declare any trust over or deal in any other manner with any or all of its rights and obligations under this Agreement.
Force majeure. ShopToFind.com shall not be liable if it's website(s), services, and/or Merchant Program is unable to provide, temporarily or otherwise, under this Agreement by reason of force majeure. For this purpose, “force majeure” means any circumstance not within ShopToFind.com’s reasonable control including, and without limitation to: (a) act of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) any law or any action taken by a government or public authority; (e) fire, explosion or accident; (f) any labor or trade dispute, strike, industrial action or lockout; (g) non-performance by suppliers or subcontractors; and (h) interruption or failure of internet or utility service.
If there is any conflict between the English language version of this Agreement and any translated version we may provide, we each agree that the English language version will control in all instances.
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
Except for ShopToFind.com’s Authorized Agent(s), no person other than a party to this Agreement and its permitted assignees shall have any right to enforce any of its terms.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the United States and the State of Oklahoma.
You and we irrevocably agree that the courts of the United States and the State of Oklahoma shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
All Policies/Rules are subject to change at any time without notice.
ShopToFind.com Effective Date 1/1/16
Go to Merchant Registration page
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