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| EasyGreenz™ Terms Of Service (TOS) & Code Of Ethics (COE) Platinum & Gold
1. TERM: An EasyGreenz™ license is valid for 12 consecutive months from the date of issue and will remain in force until the renewal date as long as the Licensee is in compliance with all TOS and COE stipulations of the EasyGreenz™ program. 2. INTELLECTUAL PROPERTY: You understand and agree that the EasyGreenz™ brand is the property of Interiorplantscaper.com — a division of FosterPlants, Inc. Miami, Florida, USA and that you may only use the brand in printed, written, spoken or visual collateral if you are in complete compliance with the terms and conditions of your license. 3. OWNERSHIP/RELATIONSHIP: You understand and agree that as a Licensee of the EasyGreenz™ brand you are NOT an employee, partner, sub-contractor or independent contractor of Interiorplantscaper.com, its ownership, partners, subsidiaries or any other entity associated with Interiorplantscaper.com, EasyGreenz.com or FosterPlants, Inc. You further agree that you will not represent yourself as any of the aforementioned. 4. RENEWALS, SURCHARGES & ADJUSTMENTS: You understand and agree that each EasyGreenz™ license will not be automatically renewed upon maturity and that we reserve the right to select another Licensee for your market at our sole discretion. Should we choose to renew your License, we reserve the right to increase/decrease the price of the annual license by ANY amount that we deem reasonable and you have the option of choosing NOT to renew your license. Thirty days prior to the expiration of your license, we will contact you regarding renewing your license. 5. NON-RENEWAL: You understand and agree that if you select to NOT renew your EasyGreenz™ license upon expiration, or if we disable your Micro-web or terminate your license for non-payment or any other breach of the TOS, you MUST IMMEDIATELY remove all EasyGreenz™ links from your website and any printed, spoken or visual collateral and that you will destroy and discontinue usage of ANY materials/collaterals that contain/portray/promote the EasyGreenz™ brand. 6. PRICING, CANCELLATION, REFUNDS: We reserve the right to adjust pricing up or down for any 12 month renewal period at our sole discretion. We also reserve the right to terminate your EasyGreenz™ at any time, for any reason, at our sole discretion and without explanation during any license term. Should such termination NOT be based upon your breach of any TOS or COE we will pro-rate your license fee and refund the remaining balance to you within 5 business days of such termination. You may cancel your EasyGreenz™ license at any time, for any reason, at your sole discretion and without explanation during any license term. Should you exercise this option, you agree that you will comply with all stipulations of paragraph 5 above and you also understand and agree that no refunds/credits will be made for your license fee paid for the remaining license term. 7. RELATIONSHIP/EXPECTATION: You understand and agree that it is YOUR sole responsibility to promote/market/sell your EasyGreenz™ program to your potential clients and although we might provide marketing materials which are available to you for purchase, we make NO promise/suggestion/expectation that your EasyGreenz™ program will result in sales. 8. CODE OF ETHICS: By licensing EasyGreenz™, you agree that you will conduct your business and EasyGreenz™ program in an ethical and credible manner. You will ensure that your company is fully licensed and insured at all times and is in compliance with all legal and code requirements of the community in which you are located. You agree that you will follow the EasyGreenz™ program level specifications EXACTLY and that you will make every effort, if economically feasible, to purchase your containers from the "approved vendors" in order to maintain the consistency of the EasyGreenz™ program. In the event that it is not economically feasible for you to purchase containers from our "approved vendors", you may purchase them from your vendor of choice, however, they must be of material construction and design aesthetics that will maintain the design integrity of the EasyGreenz™ program. 9.COMPLIANCE: You understand completely that failure to abide by the terms of the "Code Of Ethics" and "Terms Of Service" could immediately result in your right to participate in the EasyGreenz™ program and the revocation of your license, at which time your micro-web would be disabled and you would forfeit the dollar value of your remaining license term. 10. PAYMENT TERMS: The setup fee (if any) will be due before we begin creating your micro-web and we will contact you to conveniently complete your payment online by credit card. Upon completion of your EasyGreenz™ micro-web we will send you an email requesting that you "proof" it for accuracy and send yourself three test orders. If we do not receive notice via return email within five days, our assumption will be that no corrections are required and we will fully enable your micro-web. We will then invoice you for the full price of your micro-web for the 12 month License term, which you may pay by credit card or company check. Payment will be due upon receipt of our invoice and if we do not receive payment within thirty days, you will be invoiced a $20.00 rebilling fee. Payments past due beyond sixty days will result in your EasyGreenz™ License being terminated and your micro-web disabled. Should this occur, you agree that you will FULLY comply with paragraph 5 above within 10 business days. 11. REINSTATEMENT: Should you wish to re-enable your EasyGreenz™ micro-web after disablement due to any breach of the TOS, there will be a $50.00 reinstatement fee which must be prepaid by credit card prior to our re-enablement of your micro-site and once re-enabled there will be no extension or credit given for the downtime. Effective July 20, 2009 |
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