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VENDOR REQUIREMENTS & TERMS

Vendor Requirements & Terms of Membership

Any business interested in being considered for listing as a suggested vendor of Gift-It Cakes and giftitcakes.com must meet the guidelines and requirements outlined here. In addition, if accepted you must agree with the terms of membership.

Vendor Requirements

  1. The product or service must be approved by GIC. We love unique things! We want to offer our customers unique items that they may not have thought of or even seen before. With that being said, while being unique is not required, we keep our eye open for those types of products and services.
  2. The following items will not be considered:
  • Anything promoting, encouraging or supporting racism.
  • Anything promoting or related to defamation, bigotry, hate orviolence.
  • Protected Property: items or services that infringe on copyright,trademark, patent or other proprietary property.
  • Illegal items: Bootlegged, duplicated or copied products/services.
  • Alcohol, tobacco, drugs, drug paraphernalia, this includes medicaland prescription drugs.
  • Pornography including products or services that includepornographic images and text.
  • The sale of living things. Butterflies are the only exception.
  • Dangerous items: hazardous materials, poisons, weapons etc.
  • Products that are only available wholesale.

3. The business seeking consideration must havea legitimate,

finished product to sell or a valid service to offer. That means no business that is not fully developed and ready to offer a quality; consumer, market ready product or service will be considered.

  1. The business must be available to offer it’s product or service for sale at the time of application review and must remain that way the ENTIRE time it is listed as a suggested vendor on giftitcakes.com. That means you will agree that as long as your business is listed on GIC site, your product or service will be available for purchase and can meet all of the requirements listed in the membership agreement. (Not in business this week and not operating the business the next.)
  2. GIC will take into consideration the quality and craftsmanship of any product seeking approval. All products must be quality made whether handmade or manufactured. Periodic inspection by various methods will be conducted by GIC, in addition to feedback from GIC customers.
  3. Although GIC is not responsible for grievances or issues that arise with suggested vendors and their products or services, vendors must agree to adhere to the same quality and customers service standards as those practiced by GIC. Which are as follows:
  • All customer complaints must be responded to in a reasonable time frame. (Generally 24-72 hours)
  • All customer complaints must be addressed and resolved in a manner that maintains the integrity of GIC and ensures consumer satisfaction.
  • Shipping and delivery times should not exceed 7-10 days with the exception of customized or personalized products, which should not exceed 14 days.
  • Any warranties, returns and exchanges must be CLEARLY expressed, defined and included in your product/service description. And any request from a customer to utilize any of the above must be honored.
  • Any advertisements of discounts, once offered, must be honored.
  • All customized or personalized products must be made asrequested without contingency and guaranteed for accuracy.

 

Terms Of Membership

Gift-It Cakes will be referred to in this document as Gift-It Cakes, Gift- It Cakes LLC, Gift-It and GIC.

Term: There are 3 membership options available for vendor listings with Gift-It Cakes LLC and giftitcakes.com; Monthly, Semi-Annually and Annually. Gift-It Cakes will send membership renewal invoices to its members at least (15) days prior to the membership renewal date. Invoices shall be sent via email to the member’s email address provided on its Membership Application. A membership will be renewed automatically for an additional term under the same membership terms and conditions of such member’s current Gift-It Cakes membership unless the member notifies GIC in writing 15 days prior to renewal of his/her intent not to renew or of his/her intent to change its membership term option.

Termination Policy: either party can terminate memberships at any time, for any reason without advance notice. If the termination is initiated by GIC for reasons unrelated to vendors’ breach of membership terms, any days remaining on the membership term will be refunded. If the termination was initiated due to a breach in the membership terms, no refund will be given. If the member initiates the termination and no breach on the part of GIC has occurred, no refund for remaining days will be given. If a termination occurs, the member does not have a contractual or legal right to continue to use our services. Conversely GIC may refuse service to anyone, at any time, for any reason. Once a termination occurs, members may lose any information associated with their membership, including images and content. Terms outlined in this agreement will remain in effect even after a membership is terminated, or once a membership ends.

Membership Fee Increase: GIC may increase membership fees upon the expiration of a member’s term.

Content and Copyright Notice: GIC owns all right, title and interest in the GIC Site and all content on the GIC Site, as well as all other content created or otherwise owned by GIC. GIC content is not available to members for their personal and non-commercial use. Any redistribution or reproduction of part or all of the GIC Content in any form is prohibited other than the following:

 

• Members may print or download or share extracts of the GIC Content to promote their listing on the GIC site.

Confidential Information: Certain GIC content may be marked “Confidential” or “Proprietary.” In that event, Member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.

GIC Trademark Use & Conditions

• Gift-It Cakes LLC, TALEERAE and Marea Michele are all registered marks and The Marea Michele Company LLC are the owners of the Marks (as hereinafter defined) and will only allow members to utilize the marks in accordance with the terms and conditions set forth herein. “Marks” shall include the name “Gift-It Cakes,” the abbreviation “GIC”, “TALEERAE” and “Marea Michele” and any and all related designs and logos and any modifications or derivations thereof.

• GIC grants to member the right to use the marks on member’s presentations, web site, correspondence, business cards and other documents or media, solely for the purpose of identifying itself as a member of GIC. Member cannot use the Marks for any other purpose.

• Any reference by a member to the GIC site, www.giftitcakes.com, must include a reference to any and all of GIC’s copyright or other ownership interest in the same.

• Members do not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to any of them the right to use the marks or any other property owned by GIC.

• Unless terminated as provided below, member’s right to use the marks in accordance herewith will terminate upon termination of member’s membership in GIC for whatever reason.

• Member’s right to use the marks in accordance herewith may be terminated by GIC in the event GIC determines, in its sole and absolute discretion, that member has failed to comply with the terms and conditions set forth herein. In the event of termination, member shall discontinue use of the marks within three (3) days of the date of such termination.

• Member acknowledges and agrees that GIC is the sole owner of the marks and member is prohibited from claiming any ownership rights in the

marks or otherwise use any trademarks or service marks that are the

same or similar to the marks.
• In the event member becomes aware of any use by third parties that

infringes on the marks, or any claims by third parties against member’s use of the marks, member agrees to notify GIC of such infringement, claim, suit or demand.

• Member agrees to defend, indemnify and hold GIC, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of member’s use of the marks.

If any legal action is initiated by either the member or GIC related to member’s use of the marks, the prevailing party will be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.

Recurring Payment Authorization (Credit Card/Debit Card): By applying for recurring payments, Member accepts these terms and conditions authorizing GIC to charge the credit card or debit card account that member has specified in the amount of the balance due as part of member’s GIC membership. Member agrees that the payment card specified for automatic bill payments to GIC is, and will continue to be, an account that the member owns. Member will receive an electronic (email) notification that payment has been applied to the card for the sum of member’s membership fees from the GIC’s accounting department.

Recurring Payment Authorization Cancellation: Member may cancel its recurring payment authorization to GIC at any time.

Disclaimers; Limitation of Liability

THE GIC SITE, GIC CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY GIC ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY GIC WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) GIC MAKES NO WARRANTY THAT THE GIC SITE OR GIC CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE;

(b) MEMBER’S USE OF THE GIC SITE AND GIC CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) GIC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF GIC CONTENT, AND; (d) GIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL GIC OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN GIC, THE USE OF, OR INABILITY TO USE, THE GIC SITE OR GIC CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GIC OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GIC’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO GIC IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GIC AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.

Governing Law and Venue

These Terms and Conditions shall be construed, enforced and performed in accordance with the laws of the State of Georgia, without reference to its principals of conflicts of laws, to the extent not pre-empted by federal law. The United States District Court or any State Court located in Georgia, Georgia will have exclusive jurisdiction over the parties to enforce these Terms and Conditions.

If you have any questions in regards to the information in this document, please contact us.