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The PressMobil provides screen printing, digital printing and video services.
We are a mobile vending digital printing and video service. We also offer our "friends" (requires a facebook.com account). Free 1 color/1 location custom screen printing if people like their designs and would like to have it printed on apparel. Our "friend" will receive commission for each printed design of theirs that is sold.
PressMob Commission Payment:
1. Subject of the Contract
(1) The PressMob Designer (“PMD”) makes Photos/Designs available and integrates into the thepressmobil.wetpaint.com, The Pressmobil FaceBook, or thepressmobil.ecrater.com website including that The PressMobil can thereby place electronic advertisements in the PMD Wetpaint and eCrater. Instead of a permanent salary, the PMD earns a success-based commission, which is accrued by the sale of PMD’S designs printed on apparel supplied by The PressMobil through the PMD's usage of thepressmobil.ecreater.com website or site provide by The PressMobil for such use.
(2) The contract-representative products (from this point, referred to as products) are the products that The PressMobil offers for sale and, if the case arises, can be printed with the design as ordered by the PMD or the end customer.
2. Copyright of Print Designs, Liability Exemptions
(1) Possible copyright or additional rights of the PMD to use the print designs that the PMD wishes. The PMD gives The PressMobil the right of use for created and transmitted designs. This includes the right to print the design on the product and to sell the products through the stores created by the PMD. The PMD grants The PressMobil the right to sell PMD designs in The Pressmobil online stores. The PressMobil agree not to sell in shops of third parties or other distribution channels without the express permission of the PMD. The PMD has the right to discontinue a print at which time The PressMobil will cease prints immediately and processed orders are completed.
(2) The PressMobil has the right to use the design of a PMD for advertising on the The PressMobil projects for display only; all off-line sells of PMD designs by The PressMobil must be done with the express permission of the PMD. The PressMobil guarantees in this case that the design will be linked to the design-owner's Site.
(3) By displaying the design, the PMD assures The PressMobil that no rights of a third party are thereby violated. Any copyright violations are the full responsibility of the PMD. The PMD must insure that any designs in no way infringe the rights of third parties.
(4) The PMD alone is responsible for the specialized content of the Site (special print designs, background images, slogans, etc.). The PMD insures that all elements of the Site are free from third parties and do not violate patents, licenses, trademarks or other rights.
(5) Exempt from this regulation are print designs from the The PressMobil Custom Design Gallery. These designs may be integrated into the PMD's Site or created by customers (designs as well as texts) and ordered via the Store.
(6) The PMD will exempt The PressMobil upon first request of all demands and requirements incurring from third-party rights violations. The PMD must refund all arising costs of the defense and other damage to The PressMobil. The PressMobil can demand advance payments of an estimated amount of the defense costs.
(7) The PMD is required to give The PressMobil immediate written notice of a claim of third-party rights violations connected with the contents of the site are made.
(8) If third parties make claims against The PressMobil, The PressMobil has full right to discontinue or change the content of the Site of a PMD in part or in full. If at anytime such content on The PressMobil site(s) is in question, we will discontinue such content from our Site(s) and it is the sole responsibility of the PMD to manage their Site(s) with such material.
3. Masthead Requirements
(1) The PMD is hereby required to have a complete and correct postal address in the Site.
(2) If the PMD fails to have a complete masthead, the products in the shop will not be visible to customers and cannot be ordered.
(3) False information in the Site will mean the posted design will be immediately deleted and any possible commission credits will be forfeited.
4. Partner Payment
(1) In order to process commission payments, all PMDs must submit information about their Paypal account and insure correct “Masthead” information is listed. As of now, all commission payments will be done exclusively through Paypal or Certified Check when terms apply (minus processing fees). The terms and conditions of underwriter of the Certified Check will apply to processing. The PressMobil will not be held responsible for unprocessed commission payments due to incorrect contact information, transit or failure to process during appropriate time period.
(2) The payment of PMDs for the orders placed via the designs as well as the use of electronic space is dependent upon the success of the Store. Therefore, the PMD can set a commission for every product sold through the open Store Module. Commission payments do not include sales tax. The product price for the end customer is comprised of The PressMobil base price for the product and print, the commission added by the Store PMD.
(3) The value of the commission is modifiable and can be freely set for every product offered in the Store.
(4) The PressMobil reserves the right to make changes in the base price for The PressMobil products.
(5) The calculation and payment of commission credits will be paid every quarter at the end of the calendar quarter. Earnings must be $50 or over for the payment to be made. Credits running over $100 can be paid anytime, but not more often than once per month. Partners will receive money through Paypal or Certified Check when terms apply (minus processing fees).
If you are a United States resident and will earn at least $600 in commissions from our Designer Programs by the end of the year, you must send us a completed W-9 form. To download a copy of the W-9 form, please go to the Internal Revenue Service Website and mail it to
The PressMobil 2004 Van Wert Street Greensboro, NC 27403.
(6) The PMD is therefore responsible to keep current Paypal and Masthead information with The PressMobil. The PMD is responsible for any incorrect information.
5. Integration of The PressMobil Sites Via the PMD’s Website
(1) The PMD can publish the The PressMobil site module on their site; publication is not required. One means of publicizing is an electronic reference ("link") that connects the Internet presence of the PMD and immediately connects viewers to the Store. In this case, the PMD is required to integrate the link unchanged to the website. Particular changes, which advertisements appear on the page or the terms and conditions for customers, are not within the rights of the PMD.
6. Contractual Agreements with Customers
(1) Customers acquiring products through the Site are customers of The PressMobil. Between customers and The PressMobil there is a specific contractual agreement that is independent of the contractual agreement between customers and the PMD whose site they have visited. As a result, the rules, regulations and operating processes of The PressMobil regarding customer orders, customer service and product sales are The PressMobil's exclusively. The PressMobil can change regulations and operational as well as order-processing procedures at any time. Product prices and availability can sporadically change.
7. Inquires / Order Processing
(1) The PressMobil has the right to refuse requests and orders that do not meet The PressMobil’s requirements.
(2) The PressMobil reserves the right to refuse orders from customers who are known as a credit risk or for whom the bank has not issued authorization.
(3) The PressMobil is responsible for the entire work and fulfillment of the order. In this respect The PressMobil, for example, creates the order form, manages payments, executes cancellations and returns and provides customer service.
8. Sales Reports
(1) The PressMobil calculates the sales generated at its eCreater.com and gives each PMD their statistics. The form and content of the statistics can be changed by The PressMobil at any time.
9. Liability Limitations and Liability Exclusion
(1) So long as hereafter nothing arises, the liability of The PressMobil (for example, for lost winnings, the forfeit of data or interruption or error in the operation of the PMD's website) along with these agreements regardless to which legal bases is hereby excluded. As long as the liability of The PressMobil is excluded or narrowed, this applies also to the personal liability of employees, representatives and fulfillment aid.
(2) The PressMobil grants no warranty and no security regarding the PMD site or the products sold via the site (including, among things, the warranty for product quality above the contracted or normal usage, the non-violation of third-parties or other warranties resulting from a contract fulfillment or a trade agreement.
(3) Further, The PressMobil does not insure that the operation of the PMD site will be uninterrupted and error-free; The PressMobil holds no liability for the resulting possible interruptions or errors.
(4) The PressMobil will be responsible for acting only on those instructions sent to The PressMobil that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. The PressMobil is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. The PressMobil is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
(5) The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". The PressMobil does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials. In no event will The PressMobil be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The PressMobil, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
10. Length of Contract / Termination
(1) This agreement is created for an unspecified amount of time and can at any time be canceled by either party and without notice.
11. Changes in Conditions
(1) Should The PressMobil change the conditions of this agreement, it will let PMDs know through a statement on the changes made in the new version of the agreement.
(2) Any changes made will not affect the rights and obligations for the remaining time period nor will it negatively affect the fee table of the PMD.
(3) If the PMD is not in agreement with the change, cancellation of the agreement is possible at any time.
12. Area of Jurisdiction Provided the client is a dealer,
the exclusive place of jurisdiction for all disputes arising from this contract is Greensboro, North Carolina, USA. The supplier remains entitled to take legal action or institute other proceedings at the client's general place of jurisdiction. The legal relations between both parties are solely in line with the law of the State of North Carolina, USA.
(2) The client will indemnify The PressMobil from any claims and outstanding bills incurred in connection with any third-parties rights violation. The client will reimburse The PressMobil all costs and expenses incurred in connection with attorney fees and other damages. The client is obliged to inform The PressMobil forthwith in writing of any claim brought against the client due to a violation of third-parties rights, in connection with the content of the site.
13. Partial Nullities
(1) The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect. In the case of partial nullity, both parties will preferably try to reach an agreement in order to replace the invalid or unenforceable provision. This also holds true for possible loopholes.
(2) The PressMobil may use trustworthy third parties to provide certain services for the management of the agreement. As a result, The PressMobil may have to provide the third parties with clients' personal data. The data provided is saved, processed and used by third parties in accordance with the agreement. The PressMobil PMDs are obliged to delete all data immediately after their part of the contract has been executed. The PressMobil will not provide third parties with any personal data for advertising purposes.
Copyright and Intellectual Property Agent for Notice
The PressMobil respects the intellectual property of others, and we ask our users to do the same. The PressMobil may, in appropriate circumstances and at its discretion, discontinue and/or terminate the partnerships of users who may be repeat infringes of copyright violations.
If you believe that your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise debased, please provide The PressMobil with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site as well as the site id found at the top of the url of the infringing party; Telephone number, address, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; or proof that you are the holder of the copyright of the material A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The PressMobil's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Notice of Claims/CR Department
c/o The PressMobil
2004 Van Wert Street
Greensboro, NC 27403
By email:
[email protected]
Commissions
We price our products and printing low so that we can offer you a low base price for your printed design. You can set the commission for each product you set up, as high as you want! This way you earn money on every product sold with your design without having to do anything (okay, you had to apply yourself).
Here’s how pricing is setup;
ThePressMobil.eCreater.com base apparel price
+ printing service charge
+ your commission
+ shipping handling
= Total sales price
*Print service charge: Is to be added to "your commission" and will be deducted when commission is processed. (ex. if you have a 2 printed location design and you want to receive $5 for commission you will need to entry $7 for "design price").
* 1 ink color 1 printed location FREE PRINTING NO SERVICE CHARGE
* 1 ink color 2 printed locations add $3
30 days after the end of the quarter, commissions are paid via PayPal or Certified Check when terms apply (minus processing fees). Minimum level for payment: $50. Earnings of over $100 and older than 14 days can be paid out at any time upon request but no more than once each calendar month. If your credit is over $500, if you don't have a PayPal account we can pay you by Certified Check, however, there is a $25 processing fee.
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