Teacher Program Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Enchanted Dancewear Direct Purchase Rebate Program. As used in this Agreement, 'we'; means ENCHANTED DANCEWEAR, and 'you' means the applicant or legal entity you represent. 'Site' means a World Wide Web site and, depending on the context, refers either to ENCHANTEDDANCEWEAR.ORG site, located at the URL www.enchanteddancewear.org, or to any site that you will link to our site.
1. Enrollment in the Program.
To begin the enrollment process, you will submit a Program application printed from our site and faxed to enchanteddancewear.org. You may also fill out and submit the application online. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and you or your entity are thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2. Order Processing.
We will process product orders placed by referred customers who follow Special Links from our site OR who access your Affiliate section directly on the enchanteddancewear.org site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products by using Special Links on our site and will make available to you reports summarizing your monthly sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
3. Policies and Pricing.
Customers who buy products through this Program will be deemed to be customers of Enchanteddancewear.org. Accordingly, all enchanteddancewear.org rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will always use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
4. Direct Purchase Discount.
As a critically important constituent in our dance community, Enchanteddancewear.org will directly reward you on ALL direct purchases on our site. Once you, as a dance studio owner or teacher have been registered in the Program, all of your personal direct purchases on enchanteddancewear.org will receive immediate discounts once the special discount code is used at checkout. Special Discount Code will be given to you after completion and approval of application.
8% discount from consumer prices on all brands carried.
In the event that enchanteddancewear.org is running a promotion (i.e. 5% rebate on all orders placed over $50), enchanteddancewear.org will automatically apply ONLY the one best rebate to your order. Rebates can NOT be combined in any circumstances.
5. Term of the Agreement.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party, in writing. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of all Enchanteddancewear.org trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral rewards, referral reward schedules, Direct Purchase Rebate schedules, Program procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7 Relationship of Parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
8. Limitation of Liability.
We will not be liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral rewards paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non- infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
10. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles County, California, and you consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.