WELCOME TO THE B2B SUCCESS MARKET- Get Your Free Company Listing. By Listing your company, you agree to be bound by the terms and conditions in this agreement.
VENDOR TERMS AND AGREEMENT
By listing your company and using the B2Bsuccessmarket as a referral service you agree to be legally bound by the terms contained in this agreement. Please read this carefully because it impacts your legal rights. The following is an Agreement between Bart Allen Berry D.B.A. B2Bsuccessnetwork.com/B2Bsuccessmarket (referred to as "B2B," "we," "us," or "our"), the vendors participating in the vendor referral service (referred to as "Vendor" or "Vendors"), and those businesses or organizations or individuals making use of the information provided by the Vendor referral service and products and services listed at the B2Bsuccessmarket and B2Bsuccessnetwrok.com referred to as "Members"). Use of the words "you" and "your" refer to both vendors and members, as appropriate to the context.A Vendor may itself be a user of the Vendor referral service and B2Bsuccessmarket, in which case will be subject to the restrictions placed on both Members and Vendors contained in this Agreement. 1. The Agreement. 1.1 Acceptance of this B2bsuccessmarket Vendor Agreement means you also agree to be bound by the statement of ethics for Vendors. This agreement constitutes the entire agreement between you and B2B related to the subject matter hereof. 1.2 This agreement may be modified at any time and without individual notice provided to you.Thus, you agree to periodically review this agreement and monitor any such changes.Your continued participation in B2Bsuccessmarket indicates your agreement to the terms appearing in this Agreement. 1.3 If you have questions about the Agreement or the Statement Of Ethics for Vendors email us at: contactus@B2Bsuccessnetwork.com. 2. The Service. 2.1 B2BSUCCESSMARKET is a venue for Vendors and Customers/Members to find each other.We provide, and/or may provide in the future, information, links, tools, forums, and other benefits to Members and Vendors.To establish a basic level of integrity, we've asked all Vendors to agree to our Statement of Ethics.We do not warranty the validity and accuracy of information pertaining to Vendors or Members, nor do We undertake any duty to monitor or enforce obligations imposed on Vendors and Members under this agreement. 2.2 We reserve the right to independently investigate Vendors to the extent We, in our sole discretion, deem appropriate.You agree to cooperate with any such investigations, including without limitation, by cooperating with our efforts to gain access to information about you from Dunn and Bradstreet (D&B), the Better Business Bureau (BBB), and other third party services of Our choosing.However, we do not undertake the affirmative obligation to conduct any such investigations. Nor do we undertake a duty to notify You of any known incidents of professional discipline, malfeasance, negligence or other unsavory conduct of any participation in B2BSUCCESSMARKET.Although it is our intention to refuse participation in B2BSUCCESSMARKET whenever We decide that a Vendor or Member does not meet our standards for participation, We do not undertake the duty to do so, even if We learn a Vendor or Member has violated any provisions of this or other agreements. 2.3 Further, B2BSUCCESSMARKET cannot ensure that enrollment in B2BSUCCESSMARKET will result in a transaction.B2BSUCCESSMARKET does not guarantee leads, referrals, sales or results.Vendors may receive zero requests for products or services throughout their participation in B2BSUCCESSMARKET. 2.4If a transaction does occur, B2B has no control over the quality, safety or legality of the product or service sold, and does not become involved in the transaction or delivery of a product or service in any way.Thus we do not guarantee the adequacy of any work product or service provided by any Vendor participating in the B2BSUCCESSMARKET. You do hereby unequivocally agree to honor and fulfill any offer you make contained on your company listing and agree to be legally bound to providing fulfillment as described and ordered by any customer or member as long as your company listing is posted and not cancelled by us or by you (see cancellation of agreement below). 2.5You will be required to determine and state a discount % range depending upon your listing offer, starting with 15% and going as high as 50%+.B2BSUCCESSMARKET listings will be grouped in various ways, including by product/service category and company profile sorted in some places on the site by % discount offered. 3. Your Obligations. 3.1 You agree to provide accurate, current and complete information when registering to list a product or service on the B2BSUCCESSMARKET or when engaging in a transaction through B2BSUCCESSMARKET.You further agree to update B2B promptly when information you have provided changes. 3.2 You agree not to assign or otherwise transfer this Agreement to any other party, and acknowledge B2B's complete discretion in deciding whether an impermissible transfer occurs where substantial ownership in Your firm changes. 3.3 You will be solely responsible to obtain and maintain all equipment necessary for gaining access to, or using, the B2B web site.We do not guarantee the web site will work on every computer platform. 3.4 You agree to list your product(s) or Service(s) at a minimum of a 15% discount from traditional retail pricing, and understand that the objective of B2B is to offer a substantial discount as a benefit to members of B2BSUCCESSNETWORK and users of B2BSUCCESSMARKET. 3.5 You agree to pay a 12% transaction Referral Fee to B2B and to have these monies deducted from any transaction that takes place with members placing and paying for an 'order' or one of your products or services listed on the B2BSUCCESSMARKET.You further understand that these monies are used to pay distributors who pay to promote membership and the B2BSUCCESSMARKET, operating costs of the B2BSUCCESSNETWORK and financial transaction charges incurred by B2B while offering your products and services and executing sales transactions referred to you. 3.6 You agree that you have accurately calculated the price and discount for each product or service you have listed, have listed shipping costs where appropriate and these are the actual accurate shipping costs, and you have anticipated your own state and federal tax obligations and incorporated such costs into the total price you are charging as listed on the B2BSUCCESSMARKET.B2B is not required to collect any taxes in addition to what you have included in the price listed on transactions involving your products or services listed on the B2BSUCCESSMARKET. 3.7You agree that if member transactions result in sales of 500. or more, you will provide your complete tax identification, 1099 form to B2B for annual reporting and that you will be issued a W2 statement at the end of the tax year.You understand and agree that it is your responsibility to comply with all of your own tax obligations. You understand and authorize B2B to withhold payments to you over 500. until such time as we receive your completed 1099 form. 3.8You acknowledge and agree that B2BSUCCESSMARKET and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.You further acknowledge and agree that content on or presented to you through the B2BSUCCESSMARKET or B2BSUCCESSNETWORK.COM is protected by copyrights, trademarks, patents and other proprietary rights and laws.Except as expressly authorized by B2B, you agree not to copy, modify, sell, distribute, or create derivative works of such content, in whole or part. 3.9 You agree not to list any product that must be back-ordered or service which you know to have a delay in being able to deliver. You hereby agree to initiate delivery of the product or service ordered within 5 days of receiving an order acknowledgement from us. 3.10 You agree to put a logo/link to the B2Bsuccessnetwork.com on your website to help promote and drive business to B2B. 4. Prohibited Conduct. You agree from using B2BSUCCESSMARKET or our website or other resources to engage in conduct that is illegal or offensive to others (referred to as "Prohibited Conduct").The following lists examples, without limiting, the definition of Prohibited Conduct.
Violating local, state, national or international laws.
Infringing or violating the intellectual property, privacy, or publicity rights of others.
Engaging in advertising or solicitation, except as specifically permitted by Vendors using B2BSUCCESSMARKET, including reasonable follow-up with Members who have initiated a transaction.
Cross-selling other companies' products or services not associated with B2BSUCCESSMARKET or your listings there.
Posting surveys, contests, gambling or pyramid schemes including "MLM" or multi-level marketing programs.
Engaging in fraud, deceit, or misrepresentation.
Harassing, stalking, threatening or abusing others.
Collecting and selling information about other Vendors or Members without that Vendor's or Member's explicit consent. Putting links into your profile that take our visitors to another e-commerce platform.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Transmitting, posting or making available any information data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by B2B, in its sole discretion.
Distributing viruses, corrupted files, Trojan horses, or any other similar software or programs that may damage or interfere with the operation of another's computer or telecommunications equipment, or utilize the resources of another's computer or telecommunications equipment without such parties express permission.
Engaging in conduct that is generally considered rude, annoying or unpleasant, or which negatively affects the B2BSUCCESSMARKET user's experience, and or 'going around' the B2B success Market to complete the same or similar transactions you have listed in your company profile with new customers generated from the B2B Success Market.
5. Payment of Fees 5.1 There are no listing fees required to create a company profile. 5.2 It is understood that members who use the B2BSUCCESSMARKET pay fees up front for Vendor's products and services and B2B agrees to pay Vendor for products/services ordered by members within 48 hrs of clearing member payment.B2B agrees to notify Vendor immediately or as soon as practicable when an order for Vendor's products or services have been placed, using the Vendor's email contact information provided by Vendor in the Vendor Listing Form. Vendors are responsible for keeping their contact info up to date. 5.3 At it's sole discretion, B2B may update its' payment processing methods, offer direct deposit services, change listing formats or make other changes to organization of listing categories but will in no case change Vendor's pricing or discount percentages as listed by Vendor.In order to maximize efficiency Vendor is encouraged to keep listing edits to a minimum. Please be sure of the accuracy of your listing when posted.Vendor understands that B2B is not responsible for accuracy of Vendor's description of it's products or services and is not liable for any mistakes or sales or returns of purchases made by mistake because of Vendor listing errors or inaccuracies. It is important to check your listing and what you are in effect- committing to customers that you will provide for a specific price. 5.5 In the case of B2B's errors or negligence, B2B agrees that the maximum liability and compensation offered to Vendor will be a no cost additional/corrected listing for Vendor as the sole remedy offered. 6. Modification of this Agreement. From time to time We may modify this Agreement, including, without limitation, changing or eliminating certain services provided by B2BSUCCESSMARKET, or changing referral commissions.If so, we will post the modification to the website.By continuing to use B2BSUCCESSMARKET after you knew or should have known about the modifications, you are agreeing to any such modifications.If you do not agree with a modification of these terms, you must stop using the B2BSUCCESSMARKET service.Even if you notify us of an intention to stop participating in B2BSUCCESSMARKET, you are still consenting to the modifications by any subsequent use of B2BSUCCESSMARKET. 7. Vendor Listing Term. With the exception of any trial memberships or special offers that may be offered from time to time, the Listing term is 12 months from the date of posting for any individual product or service listing. Membership terms are automatically renewed every successive annual date, except if validly cancelled as set forth below. 8. Cancellation of Agreement. 8.1 You may cancel this Agreement at any time, with or without cause, by providing written notice to B2B of your cancellation of the Agreement.Upon termination of your account, your right to use the B2BSUCCESSMARKET and any information about members of Vendors obtained via the B2BSUCCESSMARKET will immediately cease. Under no circumstances will you receive a refund of any fees already paid, except where B2B has undeniably breached this Agreement. 8.2 If you violate this agreement in any manner, B2B has the right, but not the duty, to deny, suspend or terminate your participation in B2BSUCCESSMARKET without prior notice, without liability, and without refund. 8.3Further, B2B may deny, terminate or suspend Your participation with B2BSUCCESSMARKET immediately, without prior notice or liability, if B2B determines, in its sole discretion, that You do not make a good fit for the service, or if B2B does so unintentionally. 8.4 Under no circumstances will B2B be required to refund any Referral Fees or commissions paid. To Cancel This Agreement A. By Email: Send B2B a written notification of cancellation by email to contactus@B2Bsuccessnetwork.comindicating within the body of the message your intent to cancel.Be sure to include your first and last name and organization name and each listing you want to cancel.Please note that we will not accept or open email communications containing attachments. By Mail:send a brief letter notifying us of your intent to cancel.Be sure to include your first and last name and organization name and each listing you want to cancel, and mail it to B2B PO Box 235251 Encinitas California 92023. B. Obtain a written acknowledgement of cancellation.cancellation is not effective until it is actually received by Us. Therefore, until you receive acknowledgement, you can assume we have not received your cancellation.You are responsible for following up with B2B until you receive a written acknowledgement of your cancellation, and for retaining the written acknowledgement of cancellation for your records. 9. Obligations Surviving Termination Of Agreement 9.1 Canceling this agreement does nothing to cancel your obligations with respect to other B2BSUCCESSMARKET members or participations you have contracted with prior to your cancellation.Any transactions You have entered into with other B2BSUCCESSMARKET members or customers prior to cancellation will most likely be deemed a separate contract between You and the B2Bsuccessnetwork member.As such you will have to cancel any other agreements independently, if allowed, or most likely continue being subject to all the same standards and requirements as contained in this Agreement with respect to your performance. 10. Release and Disclaimer Of Warranties And Liabilities You expressly understand and agree that: 10.1 Because we are not involved in the actual transaction or delivery of a product or service between Vendors and members or customers, in the event that you have a dispute for any reason, You release B2B (and our offices, directors, agents, distributors, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 10.2 Further, we shall not have any liability to you under any theory of liability or indemnity in connection with your participation in B2BSUCCESSMARKET. 10.3 You hereby release and forever waive any and all claims you may have against B2B or its officers, Directors, Employees, distributors or Agents for losses or damages you sustain in connection with your participation in B2Bsuccessmarket. 10.4 We are not responsible or liable for any claims or liability created by our members, guests, distributors, customers or affiliates.If you have any claims relating to such parties, you will make your claim against those parties without naming B2B as a party to your claim. 10.5Our services are provided on an "As Is" and "As Available" basis.You use it at your sole risk. Except as otherwise explicity provided in this agreement, we disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.No advice or information obtained by you from our personnel or distributors or through our services shall create any warranty not expressly provided for in this membership agreement. 10.6 Further, you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss or profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use, attempted use, or your inability to use, B2BSUCCESSMARKET. 10.7 Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages.If you reside in such a jurisdiction, then the above-stated limitations regarding exclusions and limitations might not apply to you.However, you agree that this paragraph notifying you of your rights in no way conveys rights that you wouldn't otherwise have. 11. Indemnity. 11.1 Without limiting Our right to control Our own defense, You agree to exonerate, indemnify, defend and hold Us and Our directors, officers, employees, agents, distributors and the like harmless from and against any and all "Claims" (as defined below), which may be asserted against Us, and which arise out of Your actions or omissions in utilizing B2BSUCCESSMARKET, regardless of whether or not Your acts or omissions were permitted or prohibited by Us.You further agree to pay all litigation costs and attorney's fees incurred by us in defending the same, assuming we choose, in our sole discretion, to undertake defense of any such claims. 11.2 A "Claim" under this paragraph shall refer to any damages, liabilities, costs, suits, penalties, obligations, or other claim of rights, including, without limitation, for infringement of intellectual property, violation of privacy, breach of confidentiality, breach of fiduciary duty, breach of contract, defamation, etc. 12. Notice: B2B may deliver notice to you under this Agreement by means of electronic mail. a general notice on Our website, or by written communication delivered by first class US Mail to your last known address.You may give notice to B2B at any time via electronic mail to contactus@B2Bsuccessnetwork.com or by letter delivered by first class mail to B2B Po Box 235251 Encinitas California 92023-5251 13. Jurisdiction Exclusively limited to the State of California 14. Miscellaneous. If any part of this Agreement is determined to be illegal, invalid, void or unenforceable, then that provision shall be deemed severed from the remaining provisions of this agreement, and the remaining provisions shall be enforceable. Any severed portions may be used to determine the intent of the parties when interpreting the remaining provisions in the Agreement.This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their heirs and executors. Headings or titles at the beginning of sections and paragraphs are for convenience of reference only, and shall not be considered a part of this agreement, and shall not influence its construction.If B2B does not enforce the performance of a particular item in this Agreement, B2B does not thereby waive its right to enforce any subsequent breach or failure to perform by You.
B2B Success Network/Market Code of Ethics
We hope that you appreciate the opportunity to list your company for free at the B2B Success Market. Our efforts are directed at helping you find new customers and to do more business for the success of your company. Since there is always the potential for abuse, we hope you will make it easier to run this operation by adhering to the following ethical standards and guidelines. We reserve the right to eliminate your listing and cancel any transactions if you don't.
Make sureyour contact information is up to date and that your listing is accurate. We don't want to process any invalid transactions, or find out after the fact, that you are no longer in business, or can't honor an offer you have made. Please don't make continuous edits to your listing as youwill be creating more work for us-- try your best to get it right the first time with minimal edits.
Strive to create Win-Win relationships with our members and customers. Exceeding customer expectations will create positive referrals and customer loyalty and ultimately be what will sustain your company in the long run.
Make sure the quality of your products and services is accurately represented- if for instance, you are selling 'seconds' or 'blems', be sure to state this up front so customers aren't surprised when they get their order.
Take care to make sure your product arrives intact and complete in every way. Please try to have the products in stock that you are listing. If you are out of stock and expect to be some for some time, consider editing your listing so you will not dissapoint customers who will be paying up front and expect to receive your product in a timely fashion.
We strive for an honorable relationship with you. We will be processing transactions and operating in good faith that you will do what you say you will do- we will do the same. Everything works out better if we do that, It's just good business.
Don't use our site or company listing to promote a similar service, nefarious activities, launder money, ship illegal substances, perform any type of tricky programming, information harvesting, or transaction manipulation.
The B2B Success Network represents an opportunity for you to get new customers and to access another sales channel. We are promoting you, so please operate in good faith with us and use the B2B Success Network to process the transactions you have listed, rather than going around us to potentially save the referral fees with a new customer we have created for you. This will allow us to continue providing the business revitalization our economy needs- and we need as well to keep the lights on over here.
In short- be a good business person, do what's right and skip the tricky stuff. If everyone does that we will all be part of creating something with a high level of quality.
