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Wholesale Terms
4HER4HIM.NET WHOLESALE PROGRAM WHOLESALE
AGREEMENT
The following is an
Agreement between you (the “Wholesale Customer”) and 4her4him.net, JGI (“Just God
Incharge”)
which governs the terms and conditions of your participation in the
4her4him.net Wholesale Program. 4her4him.net owns, operates,
and maintains a website with a URL at
www.4her4him.net (the
“4her4him.net website”).
1.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Your participation in
the 4her4him.net Wholesale Program is conditioned on your prior
acceptance of the terms and conditions of this Agreement.
Registering on
this website you are agreeing to
become a party to this Agreement as an Wholesale Customer and to be bound by the
terms and conditions of this Agreement. You agree to use the
4her4him.net website and to participate in the 4her4him.net.
Wholesale Program solely in accordance and compliance with the terms of
this Agreement.
The Wholesale Customer shall
complete the 4her4him.net Wholesale Program application accompanying
this Agreement on the 4her4him.net website. The Wholesale Customer warrants
and represents that all information contained in its application is true,
accurate and complete. 4her4him.net reserves the right to accept or
reject the Wholesale Customer for participation in the 4her4him.net
Wholesale
Program in its sole discretion.
2.
MODIFICATIONS OF THIS AGREEMENT.
4her4him.net
reserves the right, in its sole discretion, to modify and amend this
Agreement in any manner at any time by posting a change notice or new
agreement on 4her4him.net. or by emailing the Wholesale Customer with a change
notice or new agreement at the email address provided by the Wholesale
Customer as
part of the application process (the “Wholesale Customer’s email address”). Your
continued participation in the 4her4him.net Wholesale Program
constitutes your prior acceptance of the terms of such change notice or
new agreement.
3.
ADDITIONAL TERMS.
Certain features,
functions, and sections of the 4her4him.net website and the purchase
of products and services may be subject to additional posted terms and
conditions governing the use of such features, functions and sections and
the purchase of such products and services. Such additional posted terms
and conditions are expressly incorporated into and made a part of this
Agreement. In addition, 4her4him.net may establish guidelines,
policies, and codes of conduct governing participation in the
4her4him.net Wholesale Program and use of the 4her4him.net
website and all such posted guidelines, policies, and codes of conduct are
expressly incorporated into and made a part of this Agreement.
This Agreement
incorporates the basic terms and the wholesale terms of the 4her4him.net Terms of
Use Agreement which is available at
Our Terms. You understand and acknowledge that your participation in the
4her4him.net Wholesale Program and your use of the 4her4him.net
website is subject to the terms and conditions of the 4her4him.net
Terms of Use Agreement.
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You must have a
legitimate Business License and/or a
Tax ID Number.
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$50.00
or more purchase is required for
each order.
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We sell
wholesale only to businesses in the U.S.A. at this
time
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Once you
register, you must reply to the email with your business
information required (see listing above). Once we receive your
business information we will add you to our Wholesale Program.
Once this process has been completed you can login to see your
wholesale prices.
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You must keep
all information registered with 4her4him.net current at all
times.
4. LINKS ,
GRAPHICS & PRODUCT DESCRIPTIONS.
As soon as is practical
after 4her4him.net receives and processes the Wholesale Customer
application, 4her4him.net shall send an email to the Wholesale Customer
indicating the applicant’s participation status (accepted/denied) in the
4her4him.net Wholesale Program. At that time, 4her4him.net shall
provide the Wholesale Customer with an user name, password,
and instructions on how to create hyperlinks (“the links”) between the
Wholesale Customer's website and the 4her4him.net website that will allow the
Wholesale Customer to access and download certain text and graphics onto the
Wholesale Customer website and the 4her4him.net website. All such
instructions, text, graphics and other material provided to the Wholesale
Customer
by 4her4him.net are hereinafter referred to as “4her4him.net
Content”.
The establishment, placement, and maintenance of the Links,
Graphics, Product Descriptions and the 4her4him.net Content on the
Wholesale Customer website are the sole responsibility of the Wholesale
Customer provided, however, that 4her4him.net reserves the right to
direct the Wholesale Customer to remove or revise Links, Graphics, Product
Descriptions or any 4her4him.net Content and the Wholesale Customer will
so remove or revise such Links, Graphics, Product Descriptions or
4her4him.net Content upon notice from 4her4him.net.
5.
INTELLECTUAL PROPERTY RIGHTS.
All right, title and
interest in the Links, Graphics, Product Descriptions and the 4her4him.net Content are and remain in
and with 4her4him.net. No license or permission is given to the
Wholesale Customer to use the Links, Graphics, Product Descriptions and 4her4him.net Content except to the
extent specifically provided herein.
All trademarks,
registered trademarks, trade names, product names, corporate names,
graphics and logos used on the 4her4him.net website are owned by
4her4him.net, its affiliated companies, its suppliers, or its
licensors. All rights in and to such trademarks, registered trademarks,
trade names, product names, corporate names, graphics and logos are
reserved to their respective owners. No license or permission is given to
the Wholesale Customer to use such trademarks, registered trademarks, trade names,
product names, corporate names, graphics or logos in any manner except to
the extent specifically provided to the contrary herein. The copyright in the
4her4him.net website, the content of the 4her4him.net website,
and software utilized in the 4her4him.net website are owned by
4her4him.net and its suppliers and licensors. All rights in and to
such copyrights are reserved to their respective owners. No license or
permission is given to the Wholesale Customer to use such copyrighted material in
any manner.
The
Wholesale Customer
shall
not remove, modify, or alter in any manner any notice regarding copyright,
trademark, proprietary rights, warranty information, disclaimers, or
warnings which are included in or on the 4her4him.net Content, the
4her4him.net website or any service or product offered for use or
sale through the 4her4him.net website.
LIMITED LICENSE.
During the term of this
Agreement, 4her4him.net hereby grants, subject to the terms and
conditions of this Agreement, a non-exclusive, non-transferable, limited
license to reproduce and display the Links, Graphics, Product Descriptions and 4her4him.net Content
on the Wholesale Customer website solely in connection with the
Wholesale Customer ’s
participation in the 4her4him.net Wholesale Program. All such use by
the Wholesale Customer of the Links, Graphics, Product Descriptions shall be subject to the approval of
4her4him.net and the Wholesale Customer shall revise such use or cease such
use upon notice from 4her4him.net. Any and all goodwill associated
with the use of the Links, Graphics, Product Descriptions and 4her4him.net Content shall inure
exclusively to the benefit of 4her4him.net.
7.
RESPONSIBILITY FOR WHOLESALE WEBSITE AND PROPER USAGE.
The Wholesale Customer is solely
responsible for the ownership, development, operation, and maintenance of
the Wholesale Customer website and all software and hardware used in connection
therewith. The Wholesale Customer shall not
operate the Wholesale Customer website nor use the 4her4him.net website (a) in
any unlawful manner or in any manner that creates civil or criminal
liability on the part of 4her4him.net or is otherwise harmful to
4her4him.net; (b) in any manner that could damage, disable,
overburden, impair, impede, disrupt, or alter the 4her4him.net
website; and (c) in any manner that would interfere, impair, impede, or
disrupt the use of the 4her4him.net website by any third party. The
Wholesale Customer shall not
post on or transmit through the Wholesale Customer website or the 4her4him.net
website any material that is unlawful; libelous; constitutes an invasion
of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar;
obscene; sexually explicit; profane; hateful; racially, ethnically, or
otherwise objectionable in any manner; constitutes a breach of contractual
and/or fiduciary obligations; infringes on any third party patent,
trademark, trade name, corporate name, trade secret, copyright or other
proprietary or property rights; or, contains viruses, Trojan horses, worms
or other code, scripts, routines, files or programs designed to alter,
interrupt, impede, limit or destroy the performance and/or functioning of
any software, hardware, or other equipment.
The Wholesale Customer shall not
develop, maintain or operate the Wholesale Customer's website in any manner as to
copy or resemble the appearance of the 4her4him.net website or as to
create the impression that the Wholesale Customer's website is part of the
4her4him.net website or that the Wholesale Customer's website is owned, operated
or maintained by 4her4him.net. The uniform resource locators (URLs),
domain names, and other identifiers of the Wholesale Customer's website including,
without limitation, website names, website descriptions, and meta
information, shall not contain, in whole or in part, any trademarks, trade
names, product names, company names, corporate names, or logos which are
owned by 4her4him.net or its affiliated companies or which are
derivatives thereof or confusingly similar thereto without the expression
written permission of 4her4him.net. The Wholesale Customer shall not contract
or otherwise arrange with any third party to use or otherwise exploit the
trademarks, trade names, product names, company names, corporate names, or
logos which are owned by 4her4him.net or its affiliated companies or
which are derivatives thereof or confusingly similar thereto for purposes
of causing the Wholesale Customer's website to appear as a search result of any
search engine or for any other reason.
8.
APPLICABLE LAW, JURISDICTION AND VENUE.
The
4her4him.net
website is created, controlled, owned and operated by 4her4him.net in
the State of Maryland. The laws of Maryland shall govern and control this Agreement, the performance of
each party under this Agreement, participation in the 4her4him.net
Wholesale Program, the use of the 4her4him.net website, and the
purchase of services and products through the use of the 4her4him.net
website. The Wholesale and 4her4him.net each hereby consent to the
exclusive personal jurisdiction and subject matter jurisdiction of any of
the courts in Maryland, whether federal or state,
for any purpose or matter pertaining directly or indirectly to this
Agreement, any purpose or matter arising from or in connection with
participation in the 4her4him.net Wholesale Program, any purpose or
matter pertaining to the performance of this Agreement, any purpose or
manner arising from or in connection with the use of the 4her4him.net
website, and any purpose or manner arising from or in connection with the
purchase of services and products through the use of the 4her4him.net
website. The Wholesale and 4her4him.net each agree that any action
or proceeding commenced for any purpose or matter pertaining directly or
indirectly to this Agreement, any purpose or matter arising from or in
connection with participation in the 4her4him.net Wholesale Program,
any purpose or matter pertaining to the performance of this Agreement, any
purpose or manner arising from or in connection with the use of the
4her4him.net website, and any purpose or manner arising from or in
connection with the purchase of services and products through the use of
the 4her4him.net website shall be commenced and maintained only in a court
in Maryland.
9. BINDING EFFECT AND
ASSIGNMENT.
This Agreement shall be
binding on and inure to the benefit of the parties hereto and their heirs,
executors, administrators, personal representatives, successors and
assigns. This Agreement may not be assigned by the Wholesale
Customer without the
express written consent of 4her4him.net, which consent
4her4him.net may withhold in its sole and absolute discretion. This
Agreement is freely assignable, in whole or in part, by 4her4him.net.
10.
MISCELLANEOUS.
All terms, covenants, and conditions contained herein are severable and in
the event any of them shall be held to be invalid by a court of competent
jurisdiction, this Agreement shall be interpreted as if such invalid
term, covenant, or condition were not contained herein.
Headings used in this
Agreement are for convenience only and shall not affect the interpretation
or construction of this Agreement. Any failure by
4her4him.net to enforce any provision of this Agreement shall not
constitute a waiver of such provision or prejudice the right of
4her4him.net to enforce the provision at any subsequent time. The remedies reserved
in this Agreement shall be cumulative and in addition to any other
remedies provided in law or equity. If any provision of
this Agreement or of any order is or becomes void or unenforceable by
force or operation of law, the other provisions shall remain valid and
enforceable. In the event of
termination of this Agreement, regardless of the manner or cause for
termination, all provisions of this Agreement which by their nature
survive such termination shall survive such termination. The termination
of this Agreement shall not relieve or operate as a waiver of any prior
breach of or default under the terms hereof.
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