Partner Agreement
THIS AGREEMENT (this “Agreement”), effective _____/_____, 20____, by and between
You / Affiliate, (hereinafter “Partner Operator”), a individual / corporation with
Residence / Principle office at _______________________________________, and Determined
Solutions Inc. (hereinafter “TRIMOBILEPHONE”), a New York Corporation with the principal
offices at 26 Court Street Suite 2710, Brooklyn, New York 11242:
WITNESSETH:
WHEREAS, TRIMOBILEPHONE is an authorized national eCommerce retailer (hereinafter
“Dealer”) for wireless products and services pursuant to contracts with T-Mobile
and other companies who provide similar capabilities (hereinafter “Carriers”).
WHEREAS, TRIMOBILEPHONE promotes, sells, activates and distributes wireless
services and equipment through the internet URL
www.trimobilephone.com
WHEREAS, TRIMOBILEPHONE wishes to allow Partner Operator to use its Internet
URL: www.trimobilephones.com/“username”.html
to refer customers, interested in wireless products and services, to TRIMOBILEPHONE
for selling, activating and distributing wireless services and equipment in exchange
for referral fees;
NOW, THEREFORE, in consideration of the premises, and the obligations herein made
and undertaken, the parties intending to be legally bound do hereby agree as follows:
SECTION 1.
Partner Operator Without a Site:
Partner operator without a site will place their orders at
www.trimobilephones.com/“username”.html . Partner Operator`s will earn referral
fees only with respect to activity on TRIMOBILEPHONE’ site.
Partner Operator agrees that Carriers shall have the right, in its sole discretion,
to terminate a partner, its partner`s, sub-partner`s, affiliate`s, consultant, or
any other agreed to affiliates, upon written notice to TRIMOBILEPHONE. Partner Operator
shall immediately stop placing orders with / on TRIMOBILEPHONE upon notification
of the request.
Partner Operator with and / or without a Site:
- TRIMOBILEPHONE will provide partner Operator with guidelines and artwork to use
in linking to www.TRIMOBILEPHONE.com. To permit accurate tracking, reporting and
referral fee accrual, TRIMOBILEPHONE will provide Partner Operator with special
“tagged” link formats to be used in all links to the TRIMOBILEPHONE site. Partner
Operator must ensure that each of the links between its site and the TRIMOBILEPHONE
site properly utilizes such special link formats. Links placed on Partner Operator`s
site pursuant to this Agreement and which properly utilize such special link formats
are referred to as “Special Links”. Partner Operator`s will earn referral fees only
with respect to activity on TRIMOBILEPHONE’ site.
- Partner Operator shall disclose upon written request by TRIMOBILEPHONE the identities
of the major shareholders as well as the identity of any sister or parent corporation.
- Partner Operator shall adhere to the web site requirements identified in Exhibit
B and shall seek pre-approval from TRIMOBILEPHONE for any or all additional partners,
sub-partners, affiliates, consulting agreements, or any other arrangement or arrangements
and their web sites for which Partner Operator plans to utilize the TRIMOBILEPHONE
link for the purpose of marketing and selling wireless products and services.
- Partner Operator agrees that Carriers shall have the right, in its sole discretion,
to terminate a partner site, its partner`s site(s), sub-partner`s site(s), affiliate`s
site(s), consultant site(s), or any other agreed to site, upon written notice to
TRIMOBILEPHONE. Partner Operator shall immediately remove TRIMOBILEPHONE links upon
notification of the request.
- Non-Diversion. Partner Operator acknowledges it has obtained significant
goodwill from Carriers through use of their Confidential Information and Marks.
During the term of this Agreement and for a period of one year after termination
of this Agreement(whether voluntary or involuntary, with or without cause), Partner
Operator shall not directly or indirectly (a) request any Carriers subscriber (Subscriber)
in the area whom Partner Operator knows to be a Subscriber of carriers, to curtail
or deactivate the wireless service, or cancel its relationship with Carriers, or
(b) otherwise solicit, divert or attempt to divert any such subscriber from patronizing
carriers, carriers Dealers, carriers retail stores or the wireless service. During
such period, any subscribers of Carriers who contact Partner Site or its personnel
regarding their wireless services shall be referred directly to their specific Carrier.
- Confidential Information.“Confidential Information “means all information
of or relating to TRIMOBILEPHONE, Carriers, or Partner Operator (whether of a business,
technical or other nature) which TRIMOBILEPHONE, Carriers or Partner Operator or
reasonably should know to be confidential or proprietary. Without limiting the generality
of the foregoing, “Confidential Information” includes all information not generally
known to the public that relates to the business, technology, subscribers, potential
subscribers, finances, budgets, projections, proposals, practices of Carriers including
without limitation of the terms of this Agreement and the Carriers Agreement, the
identifies of and all information regarding subscribers and potential subscribers,
and all information relating to Carriers` business plans and proposals, marketing
plans and proposals, technical plans and proposals, and research and development.
All Confidential Information will be considered trade secrets of TRIMOBILEPHONE,
Partner Operator and Carriers shall be entitled to all protections given by law
to trade secrets. Any and all media (whether written, film, tape, optical, magnetic,
op-to magnetic or otherwise) embodying any of the information described above shall
also constitute Confidential Information. Expect for subscriber information, which
under all circumstances shall be treated as Confidential Information, Confidential
Information shall not include information(a) was in or entered the public domain
through no fault of Partner Operator; (b) Partner Operator can show, by written
evidence, was rightfully in Partner Operator`s possession prior to receipt thereof
from Carriers; or (c) is disclosed to Partner Operator by a third party legally
entitled to make such disclosure without breach of any obligation of confidentiality.
- Non-Disclosure of Confidential Information. During the term of this
Agreement and at all times thereafter, Partner Operator or its employees shall not
directly or indirectly (a) use any Confidential Information for any purpose other
than that for which it is used or disclosed under the terms of this Agreement or
Carrier Agreement, (b) disclose to any person or entity any Confidential Information,
or (c) assist, authorize or encourage anyone else to use, disclose , or disseminate
any Confidential Information related to subscriber or potential subscribers to directly
or indirectly contact or communicate with subscribers or potential subscriber concerning
the Affiliate or its wireless service. Partner Operator further agrees it shall
(a) hold all such Partner Operator in confidence using the same degree of care that
Partner Operator uses to protect its own Confidential Information and proprietary
information (but in no event less than reasonable care); (b) use the Confidential
Information only for the purpose of performing obligations under this Agreement;
(c) reproduce any Confidential Information only to extent necessary to perform such
obligations; (d) restrict disclosure of and access to such Confidential Information
only to those Personnel who are directly concerned with, and who agree to maintain
the confidentiality of, the Confidential Information; and (e) take all precautions
necessary and appropriate to guard the confidentiality of the Confidential Information
, including informing employees who handle such information that is confidential
and not to be disclosed to others. Upon termination of this Agreement, all Confidential
Information in the possession or control of Partner Operator (including all originals
ad copies of all or any portion of any Confidential Information) shall be promptly
returned to TRIMOBILEPHONE. Partner Operator shall be responsible for ensuring compliance
with this section by its officers, employees, agents, contractors, and representatives.
- Records. Partner Operator agrees to maintain at its principal place of business/residence
complete and accurate records of Partner business conducted pursuant to this Agreement.
Records will include, but are not limited, the information of all subscribers that
Partner Sites and its Web Site activate for Affiliate, including sales, customer
information, time, date, and details of order, and proof of subscriber`s acceptance
of carrier`s terms and conditions of Service. All records shall be made available
for inspection by Carriers or TRIMOBILEPHONE upon reasonable notice Partner Operator.
Such records constitute Confidential Information that shall be returned to TRIMOBILEPHONE
upon termination or expiration of this Agreement.
SECTION 2. LIMITED LICENSE
TRIMOBILEPHONE grants Partner Operator a non exclusive, revocable right to use the
graphic image and text described in Section 1 ad such other text or images for which
TRIMOBILEPHONE grants express permission. Partner Operator may not modify the graphic
image or text, or any other of our images, in any way, TRIMOBILEPHONE reserves all
of its rights in the graphic image and text, any other images, our trade names and
trademarks, and all other intellectual property rights. TRIMOBILEPHONE ay revoke
Partner Operator`s license at any time by giving written notice.
SECTION 3. RESPONSIBILTY
- Partner Operator shall use its best efforts to actively promote and market to potential
customers the wireless service and equipment offered by TRIMOBILEPHONE.
- Partner Operator shall at all times comply with all applicable laws, regulations,
licensing requirements, and other governmental requirements in performing its obligations
under this agreement.
- Partner Operator will be solely responsible for the development, operation, and
maintenance of its own site and for all materials that appear on it. For example,
Partner Operator will be solely responsible for the technical operation of its site
and all related equipment creating and posting Product descriptions on Partner Operator`s
site and linking those descriptions on Partner Operator`s site and linking those
descriptions to the TRIMOBILEPHONE site; the accuracy and appropriateness of materials
posted on Partner Operator`s site, ensuring that materials posted on Partner Operator`s
site do not violate or infringe upon the rights of any Carriers or third party (including,
for example, copyrights, trademarks, privacy , or other personal or proprietary
rights) ensuring that materials posted on Partner Operator`s site are not libelous,
pornographic, or otherwise illegal ensuring that your site accurately and adequately
disclose, either through a privacy policy or otherwise, that the third parties including
(including advertisers) may serve content and /or advertisements and collect information
directly from visitors and may place or recognize cookies on visitors` browsers.
- TRIMOBILEPHONE disclaims all liability for the matters described in Section 3.a,
3b, 3c and any other matters, information or processes used on Partner Site or acted
on by Partner Operator without being pre-approved in writing by TRIMOBILEPHONE.
Further, Partner Operator will indemnify and hold TRIMOBILEPHONE harmless from all
claims, damages, and expenses (including, without limitation, attorneys` fees) relating
to the development, operation, maintenance, and contents of its site.
- Non-Solicitations. During the term of this agreement, Partner Operator
and anyone acting on its behalf shall not recruit or solicit employees, agents,
or independent contractors of TRIMOBILEPHONE or Carriers.
- Prohibited Sales Activities. As set forth in the Agreement, all sales
of equipment and wireless service must be made through referrals to the website
of TRIMOBILEPHONE. Accordingly, Partner Operator shall not promote or sell equipment
or wireless service through retail stores or representatives, telemarketing activities,
direct mail activities, broadcast faxing activities, catalog sale activities, spam
e-mail, text messaging to consumer or any other similar sales activity, or by any
means restricted by Carriers. Should Carriers adopt additional restrictions, TRIMOBILEPHONE
shall promptly notify Partner Operator, who shall adhere to the Carriers restrictions.
Partner Operator shall seek approval from TRIMOBILEPHONE regarding any marketing
or promotional activity which might be viewed as restrictive activities as outlined
in this section (Prohibited Sales Activities) or cause question by the Carriers,
Partner Operator or TRIMOBILEPHONE.
SECTION 4. REFERRAL FEES: EARNINGS AND PAYMENTS
For wireless products and services marketed. Sold, activated and shipped through
TRIMOBILEPHONE' operation and fulfillment platform/engine (hereinafter "Final Sale"),
Partner Operator will be compensated (hereinafter “Referral Fee") for each Final
Sale. Referral Fees shall be deemed earned according to the Referral Fee schedule
set out in Exhibit "A Referral Fee Schedule.
SECTION 5. LIMITED WARRANTIES AND REMEDIES
- Limited Warranty. Licensor warrants, during a warranty period of ninety (90)
days commencing upon acceptance of the enhancements, that the enhancements, when
integrated with the Program, will be free of material error. Licensor makes no warranty
that all non-conformities or defects have been or can be eliminated from the enhancements
or that operation of the enhancements will be error-free.
- Disclaimers. 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.
SECTION 6. LIMITATION OF LIABILITY AND DAMAGES
- Limited Liability. TRIMOBILEPHONE will not be liable for indirect, special,
or consequential damages (or any loss of revenue, profits, or data) arising in connection
with this Agreement or the Program, even if it has been advised of the possibility
of such damages. Further, TRIMOBILEPHONE aggregate liability arising with respect
to this Agreement and the Program will not exceed the total referral fees paid or
payable to the Partner Operator under this Agreement.
- Consequential and Special Damages. In no event shall TRIMOBILEPHONE be liable
for any special, indirect, incidental, or consequential damages that may arise in
connection with the use of or inability to use the TRIMOBILEPHONE site, regardless
of whether TRIMOBILEPHONE is apprised or notified of possibility or notified of
the possibility or likelihood of such damages.
SECTION 7. TERM OF AGREEMENT
The term of Agreement will begin upon the date first written above, and will end
when terminated by either party, or 2 years whichever date occurs first. Either
party 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, Partner Operator will immediately cease use of, and remove from
your site, all links to our site, and all TRIMOBILEPHONE.com 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. Partner Operator is referral fees earned
through the date of termination will remain payable only if the related orders are
not canceled or returned. TRIMOBILEPHONE may withhold final payment for a reasonable
time to ensure that the correct amount is paid after charge backs and return of
equipment.
SECTION 8. GENERAL
- No Waiver. No delay or omission by TRIMOBILEPHONE or Partner Operator to
exercise any right or power occurring upon any non compliance or default by Licensee
with respect to any terms of this Agreement shall impair any such right or power,
or be constructed as a waiver thereof. A waiver by TRIMOBILEPHONE or Partner Operator
in any one instance of any of the covenants’, conditions or agreements to be performed
by Licensee shall not be constructed as a waiver with respect to any succeeding
instance in which the same provision may apply.
- Notices. All notices or other communications required to be given hereunder
shall be in writing and delivered either personally or by U.S. mail, certified,
return receipt requested, postage prepaid, and addressed as provided in this Agreement
or as otherwise requested by the receiving party. Notices delivered personally shall
be effective upon delivery and notices delivered by mail shall be effective upon
their receipt by the party to whom they are addressed.
- Governing Law. The validity, construction, and performance of this Agreement
shall be governed by the substantive laws of the State of New York without reference
to rules governing choice of laws.
- Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this Agreement will
remain in full force and effect. If there is any dispute between this Agreement
and the Carrier Agreement, the terms of the Carrier Agreement shall control.
- No Assignment. The Partner Operator may not assign this Agreement, by operation
of law or otherwise, without the prior written consent of TRIMOBILEPHONE. 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.
The failure to enforce strict performance of any provision of this Agreement will
not constitute a waiver of TRIMOBILEPHONE right to subsequently enforce such provision
of this Agreement will not constitute a waiver of TRIMOBILEPHONE` right to subsequently
enforce such provision or any other provisions of this Agreement.
- Entire Agreement. The provisions herein and the Exhibits’ attached hereto
constitute the entire Agreement between the parties with respect to the subject
matter hereof and supersede all prior agreements, oral or written, and all other
communications regarding the subject matter hereof. No amendment or modification
of any provision of this Agreement will be effective unless set forth in writing
that purports to amend this Agreement and that is executed by the party against
whom such amendment is sought to be enforced.
- Force Majeure. Either party shall be excused from delays in performing or
from its failure to perform hereunder to the extent that such delays or failures
result from causes beyond the reasonable control of such party ; provided that,
in order to be excused from delay or failure to perform. Such party must act diligently
to remedy the cause of such delay or failure.
- Partner Operator shall be responsible for all taxes (including sales and payroll
taxes) for sales generated through the Partner operation or Partner Site (Accountant
should review this provision.)
- Relationship of parties. Partner Operator acknowledges that nothing in this
Agreement will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. Partner Operator will have no authority
to make or accept any offers or representations on behalf of TRIMOBILEPHONE Wireless.
Partner Operator will not make any statement, whether on its site or otherwise,
that reasonably would contradict anything in this Section.
- Independent Investigation. THE PARTNER OPERATOR ACKNOWLEDGES THAT IT HAS
READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. PAR1NER SITE OPERATOR
UNDERSTANDS THAT TRIMOBILEPHONEWIRELESS 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 THE PARTNER SITE.
THE PARTNER OPERATOR HAS INDEPENDENTLY EVALUATED THE DESIRABIUTY OF THE TERMS OF
THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
SECTION 9. ARBITRATION
- Submission to Arbitration. Any controversy or claim arising out of or relating
to this Agreement (including whether a particular dispute is arbitrable hereunder),
shall be resolved by submission to binding arbitration. Such arbitration shall be
held in the county in which TRIMOBILEPHONE’ principal place of business is located
before a single arbitrator who shall be an attorney in such county who has practiced
as a commercial litigator for at least (15) years. The arbitration shall be conducted
under the commercial arbitration rules of the American Arbitration Association,
except to the extent that those rules are modified herein, but shall not be administered
by the American Arbitration Association. The parties shall equally bear the fees
of the arbitrator.
- Selection of Arbitrator. If the parties cannot agree on an arbitrator, the
arbitrator shall be selected by the Chief Judge of tile United States District Court
for he district in which TRIMOBILEPHONE' principal place of business is located,
in accordance with the Federal Arbitration Act. The arbitrator so selected shall
possess the qualifications described in paragraph §9a. Each parry may, but need
not, suggest up to three potential arbitrators to the appointing authority.
- Discovery of Motions. The arbitrator selected may grant discovery as required
by the reasonable needs of the case and determine motions filed, including motions
for preliminary or ancillary relief, but shall do so in accordance with the parties’
desire to economically and quickly resolve disputes between them. Discovery shall
be allowed only as the parties may agree or the arbitrator may permit.
- Limitation of Action. All claims and disputes that arise under this Agreement
shall be submitted to arbitration by initiating the arbitration not later than one
(I) year after occurrence of the act or omission giving rise to the dispute. Any
failure to initiate arbitration proceedings within this one (1) year period shall
constitutes an absolute bar to the initiation of proceedings based on such act or
omission.
- Initiation of Arbitration. The aggrieved party may initiate arbitration by
sending written notice of an intention to arbitrate to all parties, such notice
to include a description of the dispute, the amount involved, and the remedy sought.
Each party irrevocably agrees that service of process, notices or other communication
relating to the arbitration procedure shall be deemed served and accepted by the
other if given in accordance with the provisions of this agreement.
- Decision and Enforcement of Award. Any award rendered in the arbitration
shall be final, non-appealable, and binding on both parties, and judgment may be
entered thereon in any court of competent jurisdiction. Any award rendered shall
be limited to actual damages sustained by the Part in whose favor judgment is rendered,
and no consequential, punitive, exemplary, special or multiplied damages shall be
awarded. The award of the arbitrator shall be in writing, with one counterpart delivered
to each party.
- Injunctive, Preliminary and Ancillary Relief; Forum Selection; Consent to
Personal Jurisdiction. Where feasible, issues of preliminary and ancillary relief
shall be determined when irreparable injury will occur before an arbitrator can
be appointed and /or hear he matter, the aggrieved party may apply to a court for
injunctive, preliminary or ancillary relief. Any such application shall be made
in any state or federal court having jurisdiction. Partner Operator irrevocably
submits to the personal jurisdiction of such courts.
- Attorneys Fees and Cost. In the event any arbitration or court action is
commenced by either party, the substantially prevailing party in such action shall
be entitled to its out-of-pocket legal costs and reasonable attorneys fees incurred
therein.
SECTION 10.
The parties agree and understand that notwithstanding the execution of this agreement,
the terms hereof shall not become effective unless and until TRIMOBILEPHONE receives
final approval of the Partner Operator and its website from the Carrier(s). The
same understanding of agreement shall extend for any partners, sub-partners, affiliates,
consultants or any other agreement of Partner Operator. Partner Operator shall seek
and receive written pre-approval from TRIMOBILEPHONE link(s) will be used for marketing,
sales and /or distribution of wireless products and services.
SECTION 11.
Mutual Release. TRIMOBILEPHONE and the Partner Operator acknowledge
that, at the date hereof, neither of them has any claim for damages , reimbursement
of expenses, breach of contract, nor any claim of any other nature against the other,
and in consideration of the other entering into this Agreement, any and all such
claims of each party, known and unknown. Are hereby and forever fully discharged
and released.
SECTION 12.
This Agreement contains the complete terms and conditions that apply to an individual’s
or entity’s participation in the TRIMOBILEPHONE Partner Operator Program (the “Program”).
EXHIBIT "A"
REFERRAL FEE SCHEDULE
- This Referral Schedule is part of the Partner Agreement that has been executed the
____ day of____________, 20___.
- Compensation:
Commission Schedule – Net Post Paid Retail Rate Plans
Activations Commission/per Closed order
1-14 Base
Commission
15-30 Additional
$10
31 & above Additional
$5
Note: Exceptions, Promotional or Special One Time Offers must be pre-approved and
communicated in writing.
Base Commission
|
S. No.
|
Sale Type
|
Contract Term
|
Per Order
|
|
1
|
Even More Individual (Voice, No Voice or Web Connect) or Family 2 to 5 lines
|
2 Year
|
$40.00
|
|
2
|
Even More Add a line $10 (Sharing base account minutes)
|
2 Year
|
$20.00
|
|
3
|
Even More Add a line $15 (200 minutes)
|
2 Year
|
$20.00
|
|
4
|
Even More Add a line $40 (Unlimited minutes)
|
2 Year
|
$40.00
|
|
5
|
Even More Conversion (From Individual to Family) (1 to 4 Lines)
|
2 Year
|
$40.00
|
|
6
|
Upgrade
|
2 Year
|
$40.00
|
|
7
|
Even More Plus (No contract) with Credit Check - Prime Customer (Postpaid)
|
Month To Month
|
$20.00
|
|
8
|
Phone order only without any plan
|
No Contract
|
$10.00
|
|
|
|
|
|
|
|
Commission below can be earned in addition to the above order commissions:
|
|
|
|
9
|
Accessory (Per Accessory)
|
No Contract
|
$2.00
|
- Charge Backs: 180 days
- If, at any point during the first 180 days from the date of activation, the activated
line(s) or any feature(s) is canceled or downgraded or affected in anyway which
results in a partial or full chargeback or non-payment from T-Mobile AND / OR
- If, the customer/cardholder has disputed or is in the process of disputing any charges
made towards the order.
For such cases any referral fees paid to the affiliate for that order will be charged
back by TRIMOBILEPHONE, if the affiliate has not yet been paid a referral fees for
the order, then payment will be withheld permanently or until it can be confirmed
that TRIMOBILEPHONE is compensated by T-Mobile.
- Termination: Upon termination of this agreement, TRIMOBILEPHONE shall retain all
referral fees for a period of six (6) months, pending return, cancellation, chargeback
and return of equipment.
- TRIMOBILEPHONE reserves the right to withhold any amount of referral fee to cover
charge backs till 180 from the date of activation: if there is more than 20% drop
in month over month activated order or suspecting high increment or for any other
reason due to which TRIMOBILEPHONE might find that expected amount of referral fees
due for the partner operator will not cover the expected amount of charge backs
or is TRIMOBILEPHONE expects any fraud.
- This Exhibit “A” is subject to change upon ten (10) days prior written notification
by TRIMOBILEPHONE to Partner Operator.
- Partner Operator acknowledges that TRIMOBILEPHONE shall be solely responsible for
payment of any referral fees owed, and for reporting any and all information used
by Carriers for purposes of compensating TRIMOBILEPHONE.
- Referral fee payments will be paid 45 days after the current month ends and is contingent
upon TRIMOBILEPHONE receiving payments from the Carriers. For example, TRIMOBILEPHONE
will pay January referral fees by the 15h of March.
- Exhibit A may be amended as new Carriers are added and/or Carriers change their
commission structure to TRIMOBILEPHONE.
EXHIBIT “B”
WEB SITE REQUIREMENTS
- The “Carrier Authorized Dealer” logo shall not be used on the web pages unless the
“Powered by TRIMOBILEPHONE” Icon is visible on the same page. This shall apply to
the “Authorized Dealer” logos of all Carriers displayed on the Partner Operator
web site.
- The 800 Number for TRIMOBILEPHONE shall not be placed on the Home page of the Partner
Operator web site.
- TRIMOBILEPHONE shall not provide any web hosting or web authorizing services.
- TRIMOBILEPHONE will provide Links from the Partner Operator web site to www.trimobilephone.com and to co-branded
pages in the back end of the application.
- TRIMOBILEPHONE will provide a User Name and Password to provide Partner Operator
access to the application database for tracking sales results and order status.
- TRIMOBILEPHONE will, on a best effort basis, provide limited marketing support;
to include graphics, marketing creative for banners, boxes, pop-ups and one page
offers.
- Partner Operator logo’s for the home page and co-branded pages should be 240 pixels
wide X 60 pixels high.
- Initial web site submission and all subsequent web site changes or additions must
be verified for accuracy by TRIMOBILEPHONE. All error and omissions are the responsibility
of the Partner Operator.
- Partner Operator web site shall not contain plagiarized material or copyrighted
material without the permission of the owner of the copyrighted material.
- TRIMOBILEPHONE had the right to modify and/or update Exhibit B as necessary to meet
the requirements of the Carrier upon receipt or knowledge of required changes.