DPChallenge.com Member Service Agreement
|This Member Service Agreement ("Agreement") is made by and between you (“Member”) and Challenging Technologies, LLC, the owner of DPChallenge.com and its Affiliates.|
1. Description of Member Service. DPChallenge.com offers a fee-based member service ("Member Service") that provides premium features that are not available in its standard Registered User Service. As a Member, you will be entitled to exclusive benefits only available to Members, including special Member-only challenges and the ability to maintain a Print Store. The Member Service is available to any DPChallenge.com Registered User who has already agreed to the Registered User Agreement. Each Registered User that desires to use the Member Service must agree to all of the terms and conditions of this Agreement.
1.2 To become a Store Owner, you must open and maintain a Store using the DPChallenge.com Service. Only Store Owners have the right to design, manufacture, market or sell Products and use certain portions of the DPChallenge.com Service.
1.3 You must provide DPChallenge.com with accurate and complete contact and payment information if you open an account with DPChallenge.com. You must promptly notify DPChallenge.com if any of this information changes.
2. MEMBER'S AGREEMENT TO TERMS AND CONDITIONS. BY CLICKING THE "I AGREE" BUTTON, MEMBER AGREES THAT IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF MEMBER DOES NOT CLICK THE "I AGREE" BUTTON, MEMBER MAY NOT ACCESS OR USE THE SUBSCRIPTION SERVICE.
3. CHANGES TO AGREEMENT.
3.1 DPCHALLENGE.COM RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF THE MEMBER SERVICE CONSTITUTES MEMBER'S ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, MEMBER SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.
3.2 Without limitation of the Section 3.1 above, DPChallenge.com shall have the right from time to time to change the amount of the subscription fees or institute new fees relating to the Member Service.
4. Registered User Agreement. Member will continue to be bound by all of the terms and conditions of the Registered User Agreement in addition to all of the terms and conditions of this Agreement. The terms “DPChallenge.com Service”, “DPChallenge.com Web Site”, “Printing Service”, “Registered User”, “Subscription Service”, “Member”, “Product”, “Print Store”, and “Store Owner” (which are used in this Agreement) are defined in Section 1 of the Registered User Agreement. You may view the current version of the Registered User Agreement at: http://www.dpchallenge.com/terms.php
5. Subscriptions and Payment
5.1 After Member clicks the "I Agree" button, Member shall have the right to use the Member Service at the cost of $5.00 (USD) per month or $25.00 (USD) per year, or at a different cost agreed to in writing by DPChallenge.com.
5.2 DPChallenge.com reserves the right to modify the Subscription Fees without prior notice to you. If you are subscribing as a new Member upon or following the date of such modification, the modified Subscription Fees shall apply to your Membership from the date of your subscription. If you have already subscribed as a Member prior to the date of such modification, the modified Subscription Fees shall become applicable to your Membership upon the next periodic (e.g., monthly or yearly) renewal of your Membership.
5.3 Under no circumstances will Subscription Fees or any part thereof be refunded to Members.
6. Compensation. If you become a Print Store Owner, this Section will apply to you.
6.1 DPChallenge.com reserves the right to request, and you must provide, taxpayer information as required by the IRS at any time. If DPChallenge.com requests taxpayer information for you, any compensation DPChallenge.com owes you may be withheld, with all amounts witheld being submitted to the IRS.
6.2 DPChallenge.com will compensate you as follows: DPChallenge.com will charge a base price for each Product that you offer with the DPChallenge.com Service ("Base Price"). You may sell Products at whatever price you choose ("Selling Price"). The Total Profit (“Total Profit”) is the dollar amount of the Selling Price minus the Base Price for each Product you sell in your Store that are not returned. DPChallenge.com will owe you 50% (fifty percent) (“Percentage”) of the Total Profit, collectively your Compensation (“Compensation”). DPChallenge.com reserves the right to change this Percentage at any time. The modified Percentage shall apply immediately to all Products sold after such change.
6.3 DPChallenge.com will calculate your Compensation on a quarterly schedule (“Compensation Schedule”): Quarter 1 ends on March 31st; Quarter 2 ends on June 30th; Quarter 3 ends on September 30th; and Quarter 4 ends on December 31st. If DPChallenge.com owes you less than $25.00 for your Compensation, your Compensation will carry over to the next Quarter. Because the first Quarter of operation of the Print Store service will consist of only two weeks, the first calculation of Compensation will take place on June 30th, 2003.
6.4 If DPChallenge.com owes you $25.00 or more for Product sales in a given Quarter plus any accrued but unpaid Compensation, DPChallenge.com will pay you the money owed for such period by company check within 30 days of the end of that Quarter.
6.5 DPChallenge.com will make available to you one or more sales reports for you to monitor your sales activity. DPChallenge.com does not warrant the accuracy of these reports and will not be liable for any errors or miscalculations on such reports. DPChallenge.com will calculate the actual amount owed to you.
6.6 If DPChallenge.com has not made a payment of money to you for any 180 day period because you have not earned a total of at least $25.00, and without any limitation of DPChallenge.com's other rights to terminate, DPChallenge.com may terminate your Store. DPChallenge.com will use commercially reasonable efforts to notify you 30 days prior to such termination. If you sell a Product within such 30 days, DPChallenge.com will not terminate your Store in accordance with this Section, and a new 180 day period (for the purpose of this Section) will commence on the first day of the month following the month in which such Product is sold.
6.7 If you or DPChallenge.com terminate your account, and you have less than $25.00 in accrued but unpaid credits then outstanding, DPChallenge.com may charge you a termination fee equal to the amount of such credits to cover its administrative costs.
7.1 At any time and with or without cause, DPChallenge.com may immediately terminate this Agreement or any or all of rights and privileges granted to you, and DPChallenge.com may also suspend your Membership or refuse to provide you access to the Website or the services provided thereby. You may terminate this Agreement at any time upon written notice to DPChallenge.com. In no event shall any termination, suspension or refusal to provide access by either DPChallenge.com or you act to relieve you of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal. In the event of termination of this Agreement or suspension of your membership, the Subscription Fee shall not be refunded.
8. Reservation of Rights. Print Stores and Subscription Services and their benefits are offered at the discretion of DPChallenge.com, and DPChallenge.com has the right to modify or discontinue, temporarily or permanently, the Subscription Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that DPChallenge.com will not be liable to you or any third party for any modifications or discontinuance of the Subscription Service.
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