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Agreement
(coopertive hosting)
This agreement between
Talos4 Enterprises, hereafter called Talos4, and _______________________,
hereafter called the affiliate, covers the terms and conditions under which
Talos4 will provide to the affiliate, shopping cart services as described
herein.
In consideration of
remuneration to Talos4 as described below, Talos4 and the affiliate agree to
the following:
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Talos4 will provide
a web site and shopping cart in order to sell affiliate’s merchandise
and/or services to the public.
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Said web site will
be configured by Talos4 and all initial merchandise items will be added by
Talos4 for a one time set up fee of $75. Subsequent inventory
changes required to the site will be done by the Affiliate unless other
arrangements are made.
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Talos4 will instruct
the Affiliate on how to access the Administrative Interface and operate
the order processing features of the shopping cart. Actual
fulfillment of orders and communication with customers regarding order
fulfillment is the responsibility of the Affiliate. Talos4 will work
with the Affiliate on any payment issues that arise with respect to credit
card processing.
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Location of all
sales are considered to be in York, Pennsylvania where Talos4 operates and
the Affiliate’s customers will be charged Pennsylvania sales tax if they
are residents of Pennsylvania. Residents of other states are not
required to pay Pennsylvania sales tax. Talos4 will be responsible
for filing sales taxes accordingly with the Commonwealth of Pennsylvania.
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Talos4 will receive
all receipts processed on the web site into Talos4’s merchant account and
after receipt into the company’s bank account will deduct 10% of the gross
sales amount (merchandise price, tax and shipping) as the company’s fee
and will forward 90% of the gross sales, less sales tax due, to the
affiliate within 5 business days of the 1st and 15th
of each month for the preceding period by either by check or electronic
payment.
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Talos4 will provide
a report on a monthly basis summarizing orders received and payments
required.
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Affiliate agrees to
pay to Talos4, $5 per month for hosting of the shopping cart except that
once the amount of the Talos4 percentage equals or exceeds $5, this fee
will be waived. Said fees will be deducted from any payments due in
5 above. If those payments are not sufficient, Affiliate agrees to
pay this amount for any month in which it is due. Any additional
maintenance fees will be agreed to and paid outside of the scope of this
agreement.
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Affiliate agrees to
compensate Talos4 for any claims, fees and/or returns against it whereby
the amount of the order is refunded to the customer less the 10% amount
previously deducted by Talos4. Such refunds are payable to Talos4
immediately upon demand although Talos4 may deduct the amount of such
refunds from payments due to the Affiliate.
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Affiliate agrees to
be bound by any restrictions posted on the company’s web site at
talos4.net with respect to activities that are prohibited on shopping
carts hosted by Talos4.
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