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Buy Form

Please fill in the following purchase form, you must fill out the registration form to complete and become a member on dimpie. You can choose the package that is on dimpie and choose the payment method that you would do.

Registration Form




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Supplier Package

Landing Page Package

Terms and Conditions

  1. This DIMPIE CLIENT CONTRACT (the "Agreement") constitutes a legally binding agreement between Click Sales Inc., a Delaware corporation ("DIMPIE") and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH DIMPIE, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH DIMPIE MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE DIMPIE SERVICES.

 

Subject to the terms and conditions of this Agreement, DIMPIE hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use DIMPIE''s proprietary online platform, including without limitation the website located at http://www.DIMPIE.com, any services offered on or through such website, and any servers, computers or networks used to provide such website (the "DIMPIE Services") for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.

 

In addition to any other rights or remedies afforded DIMPIE under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:

 

  1. REGISTRATION.

 

    1. You will be required to register for an account in order to use certain DIMPIE Services. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

    2. If You register for a DIMPIE account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the DIMPIE Services using Your account information in whole or in part. DIMPIE reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.

  1. PROMOTING PRODUCTS. If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the DIMPIE Services, either by You or by another DIMPIE client (each a "Product"), whether via the DIMPIE Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that:

    1. You will abide by DIMPIE''s Return and Cancellation Policy and You will establish Your Vendor Return Policy as set forth below.

    2. When You Promote a Product, You will use the applicable Vendor's trademarks, logos, trade names or service marks in accordance with such Vendor's trademark guidelines, which will either be supplied by DIMPIE or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, "Vendor" is defined as any person or entity that submits one or more Products for sale via the DIMPIE Marketplace.

    3. You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively "IP Rights") of any entity or individual.

    4. You will not interfere with or manipulate rankings of DIMPIE's Marketplace (as defined below in Section 4(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the DIMPIE Services.

    5. If You Promote Products or Brands in a high risk industry, You must be in compliance with DIMPIE's Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.

    6. You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.

    7. You will not Promote any Products or services to children under the age of thirteen (13).

    8. You will not defame any person.

    9. You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.

    10. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.

    11. You will not in any way copy the "look and feel" of any third party website, or otherwise imply that the Promotion is in fact a third party website.

    12. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country''s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission ("FTC") regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC''s Endorsement Guidelines.

    13. DIMPIE reserves the right but is not obligated to review Your Promotions. You agree that DIMPIE, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.

    14. You will provide valid contact information, including but not limited to a working email address and phone number, where DIMPIE can send inquiries and receive a non-automated reply by end of the following business day.

    15. DIMPIE does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the "Vendor Spotlight," as described in this Agreement, or otherwise offered by Vendors via the DIMPIE Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that DIMPIE does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the DIMPIE Services.

  2. SELLING PRODUCTS. If You register any Products for sale via the DIMPIE Services, You agree, acknowledge, represent and warrant that:

    1. All Products You register for sale via the DIMPIE Services must be approved by DIMPIE prior to You being able to sell the Products through the DIMPIE Services. In certain circumstances, DIMPIE may require You to modify your Products prior to being approved or prohibit your Products from being sold via the DIMPIE Services, in DIMPIE's sole discretion.

    2. All Products You register for sale via the DIMPIE Services, and the offering and sale thereof via the DIMPIE Services, comply with all of Your country's laws and all applicable U.S. federal and state laws and regulations.

    3. Your Products do not involve downloading software on the computer of a person or entity purchasing a Product (the "Purchaser") unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and You obtain express consent prior to any such downloads.

    4. Without further conditions or limitations, You authorize DIMPIE to list any Product You register for sale via the DIMPIE Services in the online, searchable marketplace of Products made available via the DIMPIE Services (the DIMPIE Marketplace"); and make it available for sale to Purchasers and/or for the persons and/or entities that Promote the Products made available via the DIMPIE Marketplace ("Affiliates") at the price designated by DIMPIE ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.

    5. You will provide valid email addresses to which Purchasers or DIMPIE can send inquiries and receive a reply by end of the following business day. Purchasers and DIMPIE must also be able to receive a non-automated response within one business day, when necessary.

    6. You will notify DIMPIE of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or in relation to a Product within two business days of Your receipt of such complaint. You shall assist DIMPIE, at Your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by DIMPIE to respond to and/or resolve such complaints.

    7. DIMPIE will collect and remit state or local transfer taxes for any retail transaction (including but not limited to sales or use tax) where it is legally required to do so. Where DIMPIE does not collect and remit state or local transfer taxes on a transaction, You may have the legal obligation to pay such taxes. Such obligation may arise as a result of Your existing or past physical contacts with a state (including but not limited to Your provision of a "drop ship" delivery of the physical Product to a buyer located in a state). You may wish to consult a tax professional to determine if You will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, You will be solely responsible for the timely payment of such tax and any interest or penalties.

    8. If You use the Vendor Spotlight platform or the DIMPIE Services to communicate with Affiliates about Your Products, You agree that all statements or messages communicated by You via the Vendor Spotlight or DIMPIE Services constitute Promotions under this Agreement and are subject to all applicable terms and obligations thereto. Additionally, and without limiting any other restriction contained herein, You will not use the Vendor Spotlight or DIMPIE Services to: (i) make any false or deceptive statement or claim regarding Your Product or sales of Your Product; (ii) offer any Promotions or incentives to Affiliates unless You intend to fulfill such Promotions or incentives; (iii) offer any Promotions or incentives to Affiliates unless You affirmatively state that they are offered only by You and not by DIMPIE; or (iv) suggest in any way, whether express or implied, that Your Product(s) are endorsed, approved or sponsored by DIMPIE in any way. DIMPIE reserves the right to suspend Your ability to use the Vendor Spotlight or DIMPIE Services at any time.

    9. If and to the extent You use third parties to provide Products or Services, You and such third parties must be in compliance with all terms of this Agreement, and You are responsible for all acts and omissions of such third party.

    10. All Vendors must include the required disclaimers and comply with the requirements set forth here: https://support.DIMPIE.com/entries/22857278-Required-Disclaimers/.

    11. No account may have more than 100 Joint Venture contracts. Accounts with more than 100 Joint Venture contracts are subject to review and potential corrective actions, as determined in DIMPIE's sole discretion.

    12. You will establish an appropriate return, replacement and/or cancellation policy for Your Products ("Vendor Return Policy"). Your Vendor Return Policy must fall within the range of "no refunds" to allowing refunds or replacements up to sixty (60) days after the date of purchase (i.e., a 30-day refund policy or a 45-day refund policy would each be acceptable, if appropriate). If You believe that a Vendor Return Policy longer than sixty (60) days after the date of purchase is appropriate for Your Products, DIMPIE will review such a request, and in its sole discretion, may allow an extended Vendor Return Policy. You can only provide such an extended Vendor Return Policy with DIMPIE's written consent.

 

You will ensure that the Vendor Return Policy is clearly and conspicuously posted for customers to review prior to purchasing Your Products.

 

DIMPIE reserves the right to alter or override Your Vendor Return Policy if You abuse DIMPIE's flexible Return and Cancellation Policy, if Your Vendor Return Policy is not appropriate for the Product(s), if the charged back sales (defined in the Accounting Policy) are excessive, or for any other reason DIMPIE deems appropriate, in its sole discretion.

 

  1. AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION. You agree and acknowledge that:

    1. Subject to the terms and conditions of this Agreement and DIMPIE's policies and procedures, DIMPIE shall use commercially reasonable efforts to provide the DIMPIE Services in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the DIMPIE Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that DIMPIE may undertake from time to time; or (iii) causes beyond the reasonable control of DIMPIE or that are reasonably unforeseeable by DIMPIE, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that DIMPIE is not liable for these periodic interruptions in availability of the DIMPIE Services and further acknowledge that DIMPIE does not guarantee access to the DIMPIE Services on a continuous and uninterrupted basis.

    2. DIMPIE may decline, delist or halt sales or Promotion of any Product from the DIMPIE Marketplace, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the DIMPIE Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.

    3. DIMPIE, in its sole discretion, may suspend or terminate Your account(s), or retain any or all funds in Your DIMPIE account, if DIMPIE suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to DIMPIE at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, or Your account becomes dormant as defined in our Accounting Policy and/or has a negative balance, DIMPIE will have the right to immediately suspend or terminate Your Account and Your rights to access, use and/or otherwise participate in the DIMPIE Services. Upon such termination, You agree to immediately cease all use of the DIMPIE Services and DIMPIE intellectual property licensed in Section 8(b) of this Agreement. Without limiting the foregoing, DIMPIE shall have the right to immediately terminate Your access and use of the DIMPIE Services, or any portion thereof, in the event of any conduct which DIMPIE, in its sole discretion, considers to be unacceptable.

    4. Following suspension or termination of an account or retaining of funds pursuant to this Section 5, DIMPIE will review Your account in a manner determined by DIMPIE in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that DIMPIE may retain funds in Your DIMPIE account as liquidated damages and/or for the benefit of DIMPIE or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to DIMPIE.

    5. DIMPIE may temporarily withhold any portion of the funds in Your DIMPIE account if DIMPIE, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with DIMPIE or any other Person.

  2. EMAIL, TEXT MESSAGES AND TELEMARKETING.

    1. If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the DIMPIE Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Children''s Online Privacy Protection Act ("COPPA") (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).

    2. You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.

    3. You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from DIMPIE. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the DIMPIE Services, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission ("FCC"), the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA") and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).

  3. API REQUIREMENTS. Your use of DIMPIE''s Application Programming Interface ("API") is subject to the API Terms of Service available at http://accounts.DIMPIE.com/api_terms.html.

  4. DIMPIE'S IP RIGHTS.

    1. Except as set forth in Section 8(b) below, You may not use DIMPIE's name, trademarks, service marks or any other IP Right of DIMPIE in any manner whatsoever to suggest association or affiliation with or endorsement by DIMPIE without the express prior written consent of DIMPIE, which DIMPIE may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by DIMPIE without the express, written consent of DIMPIE is prohibited.

    2. Subject to the following terms and conditions, during the term of this Agreement DIMPIE grants You a limited, revocable license to use DIMPIE's name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.

      1. DIMPIE may revoke the foregoing license and/or provide restrictions upon Your use of DIMPIE's name, including requiring the use of such disclaimers as DIMPIE may provide, in connection with Your use of DIMPIE's name, at anytime and for any reason in DIMPIE's sole discretion.

      2. Failure to comply with any restrictions imposed by DIMPIE upon Your use of DIMPIE's name or failure by You to immediately cease all use of DIMPIE's name if so instructed by DIMPIE shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such case, DIMPIE reserves the right to pursue any and all remedies available to it at law or in equity.

      3. You may not use or display DIMPIE's name in any manner to disparage DIMPIE or the DIMPIE Services.

    3. Notwithstanding the limited revocable license set forth in Section 8(b) above, as between the parties, DIMPIE shall be and remain the sole owner of all right, title and interest in and to the DIMPIE Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by DIMPIE, and You hereby assign to DIMPIE all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by DIMPIE.

  5. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.

    1. In connection with this Agreement, DIMPIE may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of DIMPIE (collectively, "Confidential Information"), including, but not limited to (a) the identities of other Vendors or Affiliates of DIMPIE (collectively, "DIMPIE Clients"); (b) physical and data security information; (c) technical data; (d) DIMPIE Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of DIMPIE. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, DIMPIE Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with DIMPIE or the DIMPIE Services, including without limitation the functionality offered by the DIMPIE Marketplace. You agree and acknowledge that DIMPIE may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with DIMPIE.

    2. DIMPIE does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the DIMPIE Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to DIMPIE, or otherwise in connection with the DIMPIE Services (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and DIMPIE shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of DIMPIE. You hereby grant to DIMPIE and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. DIMPIE shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to DIMPIE with respect to Your Submissions; and (b) Your Submissions and any use thereof by DIMPIE will not infringe or violate the rights of any Person. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that DIMPIE is under no obligation to respond to or use any Submission You may provide.

  6. EXPORT CONTROL. You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the DIMPIE Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify DIMPIE in writing. Information on U.S. export control regulations can be found on the Commerce Department''s website at http://www.bis.doc.gov, the State Department''s website at http://www.pmddtc.state.gov and the U.S. Treasury Department''s website at http://www.treas.gov/offices/enforcement/ofac/index.shtml.

  7. REQUIRED PERMITS. It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the operation of Your business.

  8. REPRESENTATIONS AND WARRANTIES. You represent, acknowledge and warrant that:

    1. You, Your Products Your Promotions, and/or Your Submissions, as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate DIMPIE's Privacy Policy.

    2. You may not: (i) frame, copy or mirror any content forming part of the DIMPIE Services; (ii) reverse engineer the DIMPIE Services or otherwise attempt to derive its source materials; (iii) access the DIMPIE Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the DIMPIE Services; (iv) interfere with or disrupt the DIMPIE Services or any data contained therein; (v) attempt to gain unauthorized access to the DIMPIE Services, its related systems or networks; or (vi) use the DIMPIE Services for any unlawful purpose or in violation of the rights of any Person.

  9. INDEMNIFICATION. To the fullest extent permitted by Law, You agree that

    1. In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever ("Claim") in connection with Your use of the DIMPIE Services, Your Products, Your Promotions or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless DIMPIE, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "DIMPIE Parties"), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees and costs) ("Losses") incurred by any DIMPIE Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

    2. Upon receiving notice of a Claim for which DIMPIE is entitled to indemnification by You, DIMPIE shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by DIMPIE will require DIMPIE's prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) DIMPIE may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at DIMPIE's own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to D