BETA TEST SIGMA STORE AGREEMENT
Parties hereby agree as follows: Sigma Psi Zeta Sorority, Inc. wishes to sell and promote the products offered by the Supplier on the Sigma Store website and agrees to give all sales and/or orders resulting from the previously mentioned products solely to Supplier without question or reservation.
1. Definitions
Drop shipping: Drop shipping is a retail fulfillment method in which the Vendor does not keep goods in stock but instead directly transfers End Customer orders and shipment details to either the Supplier, a Manufacturer, who then ships the goods directly to the End Customer. In the retail businesses, the majority of Vendors make their profit on the difference between the Wholesale and Retail price, but some Vendors earn an agreed percentage of the Sales in commission, paid by the Supplier to the Vendor.
End Customer: The End Customer is paying the Vendor for the Products, and is the receiver of those Products.
Vendor: Sigma Psi Zeta Sorority, Inc., (hereinafter also called, “SYZ or the “Vendor”, a corporation organized and existing under the laws of New York, with an office located at: 350 Northern Blvd, Ste 324 – 1284, Albany, NY 12204-1000.
Supplier: INSERT NAME, (hereinafter also called, “INSERT HERE”, or the “Supplier”), a corporation organized and existing under the laws of the State of New York, with an office located at: INSERT ADDRESS
2. Term
Vendor and Supplier agree that the term of the Agreement shall commence on account creation date and for as long thereafter as it is mutually agreed between Vendor and Supplier.
3. Cancellation
If SYZ or Supplier is not satisfied with the cooperation defined by this Agreement, and the results thereof, either party may terminate this Agreement by deleting Supplier account.
4. SYZ’s Role
SYZ sets up a Drop shipping Account with the Supplier. SYZ is setting a marketplace to allow for the sale of agreed Products as set up in the Sigma Store. Supplier ensures that it will not make any misleading claims or produce any misleading advertising material in respect of the Products. SYZ is the main contact person of the End Customers.
SYZ is the first point of contact when any After Sales services need to be provided to End Customer. If End Customer requires a refund, return, or service repair, SYZ will provide Supplier an RMA as agreed upon per Supplier’s return policy as seen posted by the Supplier in the Supplier’s virtual store front and product listing.
5. Supplier’s Role & Services
Supplier will provide product fulfillment for all sales obtained by SYZ. Supplier is not involved in the actual transaction between the SYZ and the End Customer. Supplier is not the Agent of either the SYZ or the End Customer. Product fulfillment includes providing tracking identification once items are shipped to the End Customer.
Supplier retains all rights to all images of products Supplier provided to SYZ and retains the right to prohibit the use of any and all images provided. SYZ may not use any of the images contained within the provided photos for any other purpose other than to gain sales, which will be given to the Supplier.
With permission from the Supplier, SYZ may take additional photos of products as listed in the store. The Supplier grants the SYZ permission to display the selected images or clips as an example of the Product for display on the Sigma Store. Any Photographers’ work may be used for entrance into competitions and Supplier releases all claims to profits that may arise from use of photos.
New prices can be adjusted by the Supplier in real time through a supplier portal provided by SYZ. If the Supplier requires assistance, the Supplier may request additional support by emailing [email protected].
Supplier agrees that it does not act as a reseller or multi-level marketer and is producing either a good or service that has been substantially modified to be considered manufactured.
6. Billing
SYZ will submit ordering information as supplied by the End User via email to the Supplier. Supplier will ensure to provide all current email addresses for ordering. Any updates to ordering correspondence should be submitted to SYZ as soon as possible to the email address as registered
Supplier will acknowledge receipt of order by email and supply shipping notification and tracking information once items have left Supplier’s warehouse. Once order has been acknowledged, SYZ will remit payment through paypal:
X__ Paypal: Paypal email will be included in vendor portal.
7. Fees and Charges
Supplier will provide SYZ with the retail price of each as seen in Appendix I. This will be the price SYZ charges for each item on the Sigma Store.
Prices of Products charged to SYZ at the date of this Agreement are shown as posted on the Sigma Store. These prices will include transportation to the delivery point. Prices will be subject to adjustment by the Supplier and can be immediately adjusted by SYZ with written permission from the Supplier.
Note: SYZ will not reimburse any charges to the Supplier that are not listed on the Sigma Store.
SYZ will pay all upfront fees and charges incurred with each item shipped by the Supplier directly to the End Customer (e.g., credit card authorization fees), and will flow down the cost to the Supplier. Supplier will receive full payment received from the End Customer by SYZ minus fees and charges applied by credit card processor, PayPal, at time of payment (2022 3.45%+$.49/transaction and .25 cents per withdrawal). PayPal’s merchant fees can be found here.
SYZ will not charge a Drop Shipping Fee.
SYZ will charge a periodic subscription fee to any Supplier who is not considered an Active Dues Paying Member. An Active Dues Paying Member is defined as an active member by Sigma Psi Zeta Sorority, Inc. A Sigma Store Subscription fee can be purchased to participate at a cost $60 per period as defined under 2. Term.
As of Jan. 1, 2021 to May 1, 2023 SYZ will include the category of Beta Tester. Beta Tester Suppliers will pay $0.00 to participate in the Sigma Store program.
In accordance to this agreement, this Supplier is identified as a Beta Tester.
8. Sales and Tax
SYZ agrees that it is the sole responsibility of SYZ to collect, report, and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of the Supplier’s products to the End Customer. SYZ further agrees that Supplier is not obligated to determine whether a sales tax applies and is not responsible to collect reports or remit any tax information arising from any transaction involving the images or photos provided.
However, it is still the Supplier’s responsibility to identify any Tax obligations in addition to the calculation, remittance, and reporting of all taxes within Supplier’s obligation, regardless of Supplier’s participation in the Sigma Store.
9. Return policy
Supplier will provide a return policy to be displayed on the Sigma Store. If a return is requested, End Customer will submit an return request to SYZ. SYZ will enable the ability for the Supplier to receive the return request. The Supplier will make a determination by engaging with the End User directly if needed. Supplier will alert SYZ of determination. SYZ will refund the End Customer once SYZ has received funds from the Supplier as according to their return policy (e.g. minus restocking fee or shipping).
10. Wrong address
SYZ is responsible for providing the correct address. Supplier will charge SYZ any and all fees associated with a wrong address is provided. If the apartment/suite number is not included or a wrong postal code is provided and reshipping is required, there will be a re-shipping charge equal to the original shipping charge added to SYZ’s account.
11. Responsibility
Supplier is responsible or liable for the provided Materials and Products provided to End Customer. The warranty provided on these Products is valid. If End Customers appear to have issues with provided Products, and the first After Sales services provided by SYZ are not sufficient, the Supplier needs to provide further assistance to aid in resolving the issues.
12. Claims
If SYZ becomes aware of any claim or potential claim in respect of defective Product liability arising from a delivery of any Products it shall immediately inform the Supplier in writing providing all necessary information/documentation to enable the Supplier to take any appropriate action. SYZ may require the Supplier to give all reasonable assistance, at the Supplier’s cost, to enable to defend both their reputation. SYZ shall not, without the prior written authorization of the Supplier settle any such claim.
13. File a Claim
The Supplier will work to provide the best service possible for all order fulfillments, and for SYZs’ peace of mind they guarantee the following:
- Any products damaged or broken on arrival will be resent by the supplier
- Any packages that are completely lost in transit will be resent by the supplier where supplier has not submitted tracking information
- Any packages with missing products through fault of Supplier
What the Supplier does not guarantee:
- Any packages that are lost in customs
- Packages lost because the buyer input their addresses incorrectly
- Packages lost / returned because the buyer refused the package for whatever reason and marked returned to sender
- Packages not deliverable because buyer was not able to receive the package after multiple attempts
- Products that become defective after prolonged usage
- Packages that arrive after the expected shipping time during periods of unexpected delays (logistics chain disruptions, extraordinary events, etc.)
14. Right to Modify
SYZ and Supplier retain the right to modify this Agreement at any time. Changes will not be retroactive. If any modification is unacceptable to SYZ or the Supplier, the recourse will be termination of the Supplier’s participation in the SYZ’s Drop Shipping Program. Continued participation will constitute acceptance of the modifications.
15. Severability
If any provisions or sections of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Indemnity
The Supplier agrees to indemnify, defend and hold harmless SYZ, including all of its officers, members, employees, and agents, their heirs and assigns, from any and all claims, liability, costs, damages, and attorneys’ fees, arising from or related to this agreement. This indemnity, defense and hold harmless covenant and obligation extends to any damages caused, in whole or in part, by the Supplier in connection with the Sigma Store.
17. Notices
In the event your shop is closed, on break, or requires any updates to the items listed in the Sigma Store, please submit a notice to SYZ. All notices must be submitted to the following:
If to Supplier:
As seen in account registration.
If to SYZ:
Ann Tran
Sigma Psi Zeta Sorority, Inc.
350 Northern Blvd
STE 324 -1284
Albany, NY 12204-1000
18. Confidential Information
During the course of business between SYZ and Supplier, confidential information related to SYZ’s or Supplier’s business must stay confidential. Such confidential information may include market prices, unique visitor’s website, inventory levels, product features and pricing and anticipated new products, Supplier sales practices and programs. SYZ agrees that the confidential information will be used solely for the purpose of conducting business with Supplier. SYZ must not disclose or distribute any confidential information to any competitor of Supplier or to any other third party without the express written consent of the Supplier.
All images of all products supplied by Supplier, including images on Supplier’s web site and its catalogue are the exclusive property of Supplier. SYZ may use these images only in connection with the sale of Supplier’s products and only in compliance with any policies or terms stated by the Supplier. No other use or distribution is permitted, and SYZ may not use Supplier’s images in connection with the sale of products from any person or entity other than the Supplier.
Prices and product availability are subject to change, and important changes need to be shared with SYZ in advance. By placing an order, the SYZ accepts all Supplier’s terms and policies set forth in this Agreement. The Supplier reserves the right to modify any of the terms of this Agreement with notice to the SYZ.
19. Force Majeure
A default by either party the performance of an obligation under this Agreement shall be considered to be excused to the extent that the performance of any such obligation is prevented or delayed by any cause which is beyond the reasonable control of the affected party.
If a default due to any Force Majeure shall continue for more than four (4) weeks, the party not in default shall be entitled to terminate this Agreement and neither party shall have any liability to the other in respect of the termination of this Agreement as a result of a Force Majeure.
20. Applicable Law
This Agreement and performance hereunder shall be interpreted in accordance with, and governed by, the substantive laws of the Commonwealth of Virginia, without regard to that body of law commonly referred to as Conflict of Laws, regardless of where any court action or legal proceeding is brought in connection with this Agreement. Each party shall comply with all federal, state, and local laws and regulations applicable to their performance as described in this Agreement; however, nothing in this Agreement shall be construed as providing either party with a private right of action against the other party under any such laws and regulations (as opposed to under this Agreement for failure to so comply).
21. Assignment
Supplier may not assign or subcontract its rights or obligations hereunder without the prior written consent of SYZ.
22. Signatures
This Agreement takes effect as of date of account creation and constitutes the entire understanding and agreement of and between the parties with respect to the subject matter hereof, and supersedes all prior representations and agreements, verbal or written. It shall not be varied, except by an instrument in writing of subsequent date, duly executed by an authorized representative of each party.