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Earnings Disclaimer

THESE OPERATING REGULATIONS for ("Operating Regulations") and the other portions of the Agreement govern the activities of Supplier, being a person 
or business entity that enters into a Supplier Agreement with and offers its products and services for resale on's 
website. Supplier may be referred to as "You" or "Your" in these Operating Regulations as a participant in's program as described in the Agreement.
Pursuant to the terms of the Supplier Agreement (“Agreement”), these Operating Regulations and all of's website policies and statements are 
incorporated into and made a part of the Agreement. These Operating Regulations are effective and binding upon Supplier and upon the date the 
Agreement becomes effective, as described therein.
Any capitalized terms herein that are not defined in these Operating Regulations shall have the meaning attributed to the term in the Agreement. may amend these Operating Regulations at any time upon posting the amendments on's website. Any amendment shall 
become effective as described in Section 17.A of the Agreement.
Schedule A, Operating Regulations Fee Schedule ("Fee Schedule") is incorporated into and becomes a part of the Operating Regulations by this reference.
For questions regarding your Account, please fill out an online request ("Support Request") at the following link:
Supplier must notify immediately of any changes Supplier intends to make in any of the following:
Products offered for sale
Shipping Policy
Return Policy
Primary Contact Information
Web address
URL or Domain Name
Such notice must be provided at least ten (10) days in advance of any change. Should the proposed change result in a breach of the Agreement, may, 
at its discretion, suspend activity on the applicable Account or Additional Account until the breach is cured, or terminate the Agreement.
Any Additional Accounts established by Supplier must be to a functional URL, owned by the Supplier. If Supplier establishes a new or additional URL and uses the URL for to resell Supplier's Products, the fees set forth in Fee Schedule shall be applicable for each new or additional URL.
If Supplier registers Products for inclusion in the Shopping Center, may purchase such Products for resale to Customers. Only those Products of 
Supplier that have been validly registered with in's product database may be advertised and sold on's Shopping Center or presented to for resale to Customers. shall not be restricted by Supplier as to the price charged to Customers for the resale of Products purchased from Supplier. Where applicable, may collect from the Customer and remit to the appropriate governmental agency an amount for sales, use, or other similar taxes.
Supplier shall at all times respond promptly to inquiries from on behalf of Customers or from Customers directly, and shall endeavor to resolve 
disputes with said Customer.
In the event a Customer contacts Supplier directly, Supplier shall immediately notify and provide with information 
requested by regarding such direct Customer contact.
Supplier shall be responsible, at Supplier's expense, to monitor and resolve issues related to its Account. Failure to do so shall be deemed to be 
a breach of Supplier's obligations under the Agreement. may charge Supplier reasonable fees and recover its expenses related to Customer inquiries, 
Returns, or Refunds.
In the event participates in an attempt to resolve an issue with a Customer, will notify Supplier of the details and 
nature of the issue and use commercially reasonable efforts in an attempt to find a solution that is acceptable to all parties to a Transaction.
In any direct contact with Customers, Supplier shall at all times, act in a professional and courteous manner. At no time will Supplier conduct an inappropriate communication 
with the Customer. Inappropriate communications include, without limitation, threats of any nature, harassment or attempts at extortion. Such inappropriate communication shall 
be deemed to be a material breach of the Agreement.
In addition to the other remedies has for Supplier's breach of its obligations, including without limitation the suspension of an Account or 
termination of the Agreement, may assess a charge of $100.00 as partial reimbursement for costs incurred by in 
resolving an issue with a Customer resulting from inappropriate communication by Supplier.
Supplier shall indemnify and hold harmless from any, costs expenses or damages claimed by a Customer as a result of Supplier's inappropriate 
A "Cancellation" occurs when Customer, Supplier or voids an order for a withdrawal of funds from a Customer's Card account or bank account before a 
sale is sent for deposit. will not collect a deposit from the Customer and the previously authorized funds will be released at the Card issuing 
bank's discretion. will not assess nor collect a Transaction Fee from Supplier.
After a sale is sent for deposit, any attempt to reimburse the cost of a Product to a Customer constitutes a Refund and shall be dealt with as set forth below.
A return occurs when a Customer returns Products previously purchased from ("Return").
Supplier shall accept Returns of products and agree to provide Refunds through for Customers who initiate a Return or a Bank Assisted Dispute, as 
efined below, that has approved, either with, the entity whose brand appears on the Card ("Card Association"), the 
Card issuing bank, or the depository bank.
Supplier shall have a policy with regard to the return or cancellation of Products ("Supplier's Return Policy"). Supplier's Return Policy shall be clear, complete and accurate, 
prominently posted on its billing screen and available for review by a Customer prior to the Customer being obligated for a purchase of Products of Supplier.
Unless otherwise agreed upon with in advance, Supplier's Return Policy shall clearly state that Supplier will not reduce the amount of a Refund by 
the assessment of a "restocking fee" or a similar fee. The Return Policy shall also clearly state if shipping charges are refundable and whether the Customer is responsible for 
any applicable return shipping charges.
A refund is the actual reimbursement of the cost of a Product to a Customer regardless of the basis for the reimbursement ("Refund"). accomplishes 
the Refund by reversing the amount previously charged to the Customer's Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card 
or account at the Card issuing bank of Customer. will only issue a Refund to the original funding source. For example, an order funded via Credit Card will be issued a Refund to the account for 
the Card that was used to fund the order. An order funded via PayPal will be issued a Refund to the original PayPal account. If the PayPal account is closed, the Customer should 
be referred to for assistance.
Supplier shall have a policy with regard to Refunds ("Supplier's Refund Policy"). Supplier's Refund Policy shall be clear, complete, accurate, and prominently posted on its 
website and available for review by a Customer prior to the Customer being transferred to's website for a purchase of Products of Supplier.
Unless otherwise agreed upon with in advance, Supplier's Refund Policy shall, at a minimum, indicate that the Supplier will not reduce the amount 
of a Refund by any fees, such as “restocking fees.” If the Supplier’s Refund Policy clearly states that shipping charges are non-refundable, then Refunds may be reduced by 
shipping charges. may issue a Refund without the prior knowledge or consent of Supplier in any case deems it appropriate. will promptly notify Supplier of any Refund and provide Supplier with information regarding the basis for's 
determination to issue the Refund.
Supplier shall mark sales funded through Acculynk PIN-Debit as shipped at the Account Administration system within 30 days of the placement of that 
order. If Supplier fails to mark the Acculynk sales as shipped within this timeframe, will issue a Refund for the full amount of the sale back to 
the Customer’s Card on the 31st day.
Supplier's Account will be debited by in an appropriate amount for all Refunds, regardless of the basis for the Refund.
In the event of a Return or Refund, Supplier agrees to indemnify and hold harmless from liability and, further, Supplier agrees to immediately pay an amount equal to all funds has paid to Customer on behalf of Supplier.
Bank Assisted Disputes:, as a merchant for various card associations, is subject to obligations which entitle the Card issuing bank to assess a charge or fee for handling 
bank assisted Refund activity. may, in turn, assess a fee to Supplier to cover's additional expenses which result 
from bank assisted Refund activity. Such charges are called Dispute Charges and can be found under the Dispute Charges category of Schedule A.
A Bank Assisted Dispute occurs when the Customer or the Card issuing bank disputes the validity of a purchase of Products from as the card 
association merchant, or the Card issuing bank initiates a reversal of the purchase, providing the Customer with a credit for the full amount of the Product purchased from ("Bank Assisted Dispute").
In the event multiple Products are purchased as part of a single transaction, the Customer or the Card issuing bank may initiate a Bank Assisted Dispute for less than all of the 
Products purchased and the credit granted to the Customer will only be in the amount of the Products for which the Bank Assisted Dispute was initiated.
Right to Prohibit Certain Sales/Registrations: may prohibit the registration and/or sale of certain products and services ("Prohibited Products"). may change the 
list of Prohibited Products from time to time, in its discretion, without notice to or the consent of Supplier. shall have no liability or 
obligation to Supplier for a change in the Prohibited Products listings, even if the addition of a Product to the Prohibited Products list eliminates all Products that Supplier 
offers for sale. 
Supplier's Duty to Comply:
Supplier shall not offer Prohibited Products for sale. If Supplier is offering Products for sale that become included on the Prohibited Products list, Supplier shall cease to 
offer such Products for sale within two (2) calendar days after the Product is added to the Prohibited Products list and the revised Prohibited Products list is posted on's website. Failure to comply within two (2) calendar days from such warning may result in suspension of activity on the Account or Additional 
Account, the Account or Additional Account being closed and the potential forfeiture of Purchase Payments (as hereinafter defined) on the offending Transaction(s), in's sole discretion. Provided, however, if in's sole discretion, the Products being offered are such that they should 
be immediately withdrawn from sale by Supplier, may immediately suspend activity on the Account of Supplier, without notice and opportunity to 
cure. At the discretion of, such suspension may continue indefinitely, or result in a permanent suspension of Supplier, the termination of the 
Agreement and the forfeiture of the right to a disbursement of funds for completed sales of Prohibited Products.
As a merchant for various card associations (i.e., VISA, MasterCard, American Express, Discover, JCB and Diner's Club), has obligations it must 
fulfill to protect its ability to participate as a merchant in those card associations. does not confer card association merchant status upon Supplier. is the card association merchant and acts as an 
authorized retail sales outlet for Supplier. Supplier shall not conduct itself in a manner that will endanger's merchant status, including without 
limitation, misrepresenting the relationship between and Supplier. It is important to the card associations, and to's 
status as a card association merchant, that the relationship between Supplier and is not misrepresented. Supplier shall represent as an authorized retailer or out-sourced vendor solution and not as a "credit card processor" or a payment gateway." Language must be included in 
Supplier's web site that clearly and correctly describes's Status.
Acceptable terminology to describe is: is an authorized retailer of is the exclusive authorized retailer of goods and services provided by
Supplier shall not refer to at any time as a "Credit Card Processor," or "A Third Party Processor," or "A Payment Gateway."
Similar restrictions on the manner in which is described apply for any buttons or links to contained on Supplier's 
web site and Supplier shall comply with the restrictions.
Acceptable terminology for buttons or links to is:
"Add to Cart"
"Buy Now"
"Buy from"
Unacceptable terminology to link to includes phrases like:
"Click Here to Pay"
"Process Payment Now"
Except for those Suppliers that maintain their own card association merchant membership (and then only for those card associations where such membership is maintained), 
Supplier's web site may display card association related materials such as trademarks, service marks, logos and other protected items belonging to the card associations only if 
it is clearly stated that is the Supplier's retailer and, not Supplier, is the card association merchant. 
By presenting any product to for sale the Suppliers agree that is an authorized retailer of that product and 
therefore may include any and all product information or representation on's websites and any other marketing channels or sites populated by
In addition to prohibitions which may be found elsewhere in the Agreement, including without limitation, these Operating Regulations, Supplier shall not allow or conduct any of 
the following listed activities. If ascertains that Supplier is allowing or conducting any of the following listed activities, the Account will be 
immediately suspended and funds for completed sales of products or services to will be withheld from Supplier pursuant to Section 13:
Virtual Terminal Activity (i.e. Self-Keying):
Allowing a third party to directly key in Card or bank account information related to a transaction involving via the Internet.
Unsolicited Electronic Messaging:
Generating unsolicited electronic messages to Customers which constitutes SPAM. For the purposes of the Agreement the term "SPAM" means an unsolicited commercial electronic 
communication to a Customer, or commercial electronic communications sent to a Customer after the Customer has revoked authorization for the sender. SPAM includes, without 
Instant Messaging
Unwelcome email
Newsgroup cross-postings
Windows that spawn new windows
Windows which resist closure
Sale of Prohibited or Restricted Products:
The sale or advertisement of Products that are classified by as Prohibited Products.
The sale or advertisement of Products that are classified by as Restricted Products in a manner different than approved by
Sale from any Website Other than Registered Website:
Presenting any sales information to for processing from a website other than the website registered on the Supplier's Account. Additional Accounts 
should be purchased for each website.
Use of Personal Information Regarding a Customer:
The use of personal information regarding a Customer for anything other than as necessary to complete the resale of a Product by 2CO to a Customer, or to conduct customer 
assistance requested by the Customer.
Presenting Sales Information Prior to Shipment:
Presenting any sales information to for processing which relates to the sale of Products for future delivery.
Relying on any proceeds or credit resulting from a Transaction to purchase or furnish Products.
Supplier is expected to maintain a ready inventory of the Products it offers for sale to, or promptly notify that an 
order will not be fulfilled in a timely manner.
Prematurely Marking Products as Shipped to Customer:
Notifying that a Product has been shipped to a Customer prior to shipment having occurred.
Other Electronic Activities:
Using the Services or access to's website or Customers for any purpose other than that for which's website and 
Services are intended, including without limitation phishing, pharming, hacking, tampering, modifying or otherwise corrupting the security or functionality of the Services.
Illegal Activities:
The sale, lease, other transfer, or possession of Products to a Customer when such sale, lease, other transfer or possession violates the law.
CUSTOMER INCENTIVE PROGRAMS may elect to offer an incentive program to Customers under which will allow the offer of discounts, coupons, or other 
types of incentives to Customers for the purchase of Products ("Customer Incentive Program"). Any Supplier that desires to participate in a Customer Incentive Program must 
advise of Supplier's desire to participate and enter into a separate agreement with regarding such Customer Incentive 
All fees and charges are in United States Dollars ("USD").
Fee Schedule:
All fees and charges are listed on the Fee Schedule.
Account Establishment:
The Fees to open an Account or an Additional Account are set forth on the Fee Schedule under the Account Establishment Fees category. Additional Account(s) may only be opened 
after the Account is established and an Account Establishment Fee is due for each Additional Account that is opened.
Each Additional Account Supplier opens will be placed in and become subject to the New Accounts Verification process of
Once sales occur on an Account or an Additional Account, the URL is locked to that Account or Additional Account. If the Supplier wishes to Change the URL for that Account or 
Additional Account, a fee will be charged in accordance with the Changes category on the Fee Schedule.
All of the fees described above are immediately due and payable upon demand by
Transaction Fees:
All Transactions are processed using's SSL encryption network and any other processes made available through its merchant service provider. Payment 
will be initiated via the secure payment processes.
A "Transaction" occurs when a Customer purchases from a Product of Supplier which has been authorized for resale (i.e., registered in's product database); a Customer obtains a Refund of the purchase price for a Product previously purchased as a result of a Return or a Bank 
Assisted Dispute; or a Customer exchanges a Product previously purchased.
The Transaction Fees are as described under the Transaction Fees category on the Fee Schedule. may, in its sole discretion, assess a higher Transaction Fee for certain Products offered by Supplier to for resale 
to Customers if determines that the resale of any Product(s) creates a potential or actual financial or reputational risk to, such as those Products which constitute Restricted Products.
The Transaction Fees shall be deducted from the proceeds received by for the resale of the Product prior to payment of any funds to Supplier.
Dispute Charges:
A "Dispute" occurs when Customer or the Card issuing bank disputes the validity of a purchase of a Product from and initiates a Bank Assisted 
Dispute against
In addition to the obligation to fully refund the purchase price paid by if the Dispute results in a Refund, Suppliers may be assessed a Dispute 
Charge in accordance with the Dispute Charge category on the Fee Schedule.
Supplier shall pay all Dispute Charges upon demand by via a debit to the Account.'s determination as to whether or not Dispute Charges are to be assessed to the Supplier will be based, in part, upon the "reason codes" selected by 
the card issuing bank. The "reason codes" have been established by card associations as the basis for a Customer to dispute the validity of a transaction when a credit or debit 
card is used to purchase goods or services.
Fraud prevention is an important service provided by to its Suppliers. Fees or charges to related to a Transaction 
will not be passed through to Supplier if such charges result from fraudulent activity not participated in by Supplier. In addition to active participation in fraudulent 
activity, Supplier will be deemed to have participated in fraudulent activity if classifies a Transaction as fraudulent, the Transaction is 
reinstated at the request of Supplier and the Transaction subsequently becomes disputed by the Card issuing bank.
Fees or charges to related to a Transaction which result from service related issues (i.e. failure to accurately advertise its Products), may 
result in charges to the Supplier. As described in the Dispute Charges category of the Fee Schedule.
Supplier Error Fees:
A Supplier Error occurs when any of the following events take place:
Return Wire
ACH Pass Through
ACH Return
Check Stop Payment
We will charge you a fee for each occurrence of any of these events as described in the Fee Schedule under the category Supplier Error Fees. may change the amounts indicated herein, at its sole discretion, without prior notice to Supplier. Supplier agrees to pay all Wire Transfer Fees in 
effect at the time Supplier initiates a wire transfer.
Change in Fees: may change any or all of the fees and charges, or add new fees and charges, with reasonable advance notice of such changes to Supplier via posting 
the changes on's website. Provided, however, if third party charges are included in, or the basis for, a charge to Supplier and the third party 
changes those charges, will provide notice to Supplier if receives notice from the third party in advance of the 
effective date of such third party increases. Provided, further, that may charge such increases to Supplier upon the effective date of the third 
party increase, regardless of whether or not provides notice to Supplier.
Standard pay Periods:
A standard pay period is one week in length, commencing at 12:00 p.m. (Noon) on Wednesday and ending immediately prior to 12 p.m. on the following Wednesday ("Payment Cycle"). 
Payments due to Supplier, consisting of the sum of the deposits received for the prices charged by for all Transactions less all fees and charges 
due ("Purchase Payment") will be paid each Thursday.
Delay in Payment:
Purchase Payments may be delayed by while verifies certain aspects of any Transaction, including without limitation, 
proof of shipment of the Product ("Verification Processes"). Verification Processes will be established by and may be modified in's discretion to ensure the quality of products and services provided by Supplier.
In the event, in its discretion, determines that there is a need for an investigation and analysis regarding fraud or violation of law relating to 
the transactions performed on behalf of Supplier, may withhold payment of Purchase Payments to Supplier without penalty to enable to complete such investigation and analysis. In the event it is determined that there has been fraud or a violation of law, may withhold payment of the Purchase Payments to Supplier indefinitely.
Payment Date:
Accounts will not be eligible for a Purchase Payment until the end of the Payment Cycle following the Payment Cycle in which Supplier commenced doing business with
No Interest:
In no event shall Supplier earn any interest on, or any other form of earnings for, any Purchase Payments or funds held in the Reserve, regardless of the length of time during 
which is in possession of such funds.
Inability to Pay Supplier:
If is unable to complete a payment to you because the banking instructions entered on the Account are incorrect, no banking instructions are listed 
on the Account, or is unable to contact you because the contact information you provided is incorrect, then the account may be considered to be 
abandoned and will be treated as an Inactive Account. shall have no liability for a failure to complete a payment to the Supplier if one or more of 
these conditions exist.
Deduction from Purchase Price:
Supplier hereby grants the right to deduct all fees, charges, fines, penalties, wire transfer charges and other expenses that the Supplier is 
responsible for from the purchase price of Products resold to Customers by prior to making any payment to Supplier.
In the event a Refund is paid to a Customer by for a Transaction, Supplier will be obligated to reimburse for the 
amount of the Refund. In the event the funds for the purchase that is the subject of the Refund have not been paid to Supplier, may deduct the 
amount of the Refund from funds due to Supplier, or from the Reserve.
In the event, in its sole discretion, has any reasonable doubt as to whether the Supplier has delivered the Product to the Customer, or any 
reasonable doubt that the Product delivered to the Customer was as advertised by Supplier, may withhold the applicable Purchase Payment until is satisfied that Supplier has performed its obligations to the Customer.
Direct Payment from Supplier:
Supplier hereby grants the right to deduct all fees, charges, fines, penalties and other expenses that the Supplier is responsible for from the 
Direct Deposit Account (“DDA”) into which is to deposit proceeds to Supplier from a Transaction. Supplier will, upon demand by execute any documentation required by Supplier's financial institution to enable to make such deductions.
Retention of Funds for Damages, Refunds and Failure to Deliver:
Pursuant to the Agreement, Supplier is liable to for damages, costs and expenses, including attorney fees, incurred by which result from a breach of the agreement by Supplier. shall retain all funds it has that are attributable to 
Supplier, including any amounts in the Reserve which is established pursuant to Section 14, until such time as a determination is made as to the amount of damages, costs and 
expenses incurred by Upon making such determination, may apply as much of the funds being held as is necessary to 
Reserve Policy: will retain a rolling reserve from each Supplier's account equal to five percent (5%) of gross sales ("Reserve") from each Purchase Payment to the 
Supplier. The Reserve is in addition to the fees and charges that will be assessed against Supplier and each deduction from Purchase Payments to Supplier shall be held for at 
least ninety (90) days from the date the Purchase Payment was made. In the event deems it necessary, may, in its sole 
discretion, hold a deducted amount for more than 90 days.
In addition, may increase the percentage of gross sales held for Reserve if there are excessive Disputes, Refunds or Returns, or if, in its sole discretion, deems that either the Supplier or the Products offered by the Supplier create a financial or reputational risk to, or if otherwise reasonably deems itself insecure.
The funds held by in the Reserve will accrue no interest, or any other earnings.
Withdrawal From Reserve:
Supplier hereby grants the right to deduct all fees, charges, fines, penalties and other expenses that the Supplier is responsible for from the 
Reserve if an active balance has not been maintained in Supplier's Account, or if the active balance in Supplier's Account is insufficient to pay all monies due to
U.S. Suppliers:
Suppliers based in the United States can elect to have Purchase Payments paid by direct ACH deposit or by check. ACH transactions are performed at no cost to Supplier. The fees 
for the selected option are as described in the Fee Schedule under the category Fees For Payment Options.
Canadian Suppliers:
Suppliers based in Canada can elect to have Purchase Payments paid by direct ACH deposit, check payment or wire transfer. The fees for the selected option are as described in 
the Fee Schedule under the category Fees For Payment Options.
Non-US or Canadian Suppliers:
Suppliers not based in the United States or Canada can elect to have Purchase Payments paid by wire transfer or check. The fees for the Selected option are as described in the 
Fee Schedule under the category Fees For Payment Options.
In the event wire transfers are used to pay proceeds to Supplier, all wire transfer fees will be deducted from the proceeds paid to Supplier.
Payment Account:
The name and entity type on the account elected by a Supplier for receipt of its payments (“Payment Account”) must match the name and entity type of the Supplier, as listed in 
the Supplier's Registration Form.
Minimum Payment Amounts:
The minimum amount for payment by check is $100.00, for payment by wire transfer the minimum amount is $300.00, for payment by Payoneer the minimum amount is $20.00, and for 
payment by DEFT or ACH the minimum amount is $10. All payments made to Supplier are in USD.
Release Levels:
Suppliers electing to receive Purchase Payments by wire transfer or check may specify a release level higher than the minimum payment amount. Purchase Payments due Supplier may 
be held by in an account containing funds other than those due to Supplier until the specified release level has been reached.
Change in Percentages, Time Frames and Minimums: may change any of the percentages, time frames or minimums set forth in this Section 15. Such changes become effective when posted upon's website.
Claim of Error:
In the event Supplier believes that has committed an error in the payment to Supplier, Supplier shall notify in 
accordance with Section 19 of the Agreement within thirty (30) days of receipt of a Purchase Payment from, or if no Purchase Payment is received, 
within thirty (30) days of the delivery of a statement from Supplier's failure to so notify shall be deemed to be an 
acceptance of the Purchase Payment or statement.
Any Account with no activity (i.e., Supplier login, Customer Order, or Supplier payment) for 6 consecutive months will be considered to be an "Inactive Account." An Account will 
continue to be designated as an Inactive Account so long as there is no activity on the Account. Inactive Accounts will be treated in accordance with the terms set forth in 
Schedule A, including without limitation, the assessment of an Inactive Account Maintenance Fee. Inactive Account Maintenance Fees are described in Schedule A under the category 
Inactive Account Maintenance Fees.
In the ongoing fight against terrorist activities, the United States government has enacted certain laws and regulations. supports the efforts of 
the United States government in these efforts and will fully comply with all laws and regulations regarding those efforts. To the extent such efforts affect Supplier, shall have no liability to Supplier for any claim of loss, cost or damage suffered by Supplier, including without limitation, the loss of revenue. is also fully committed to helping in the elimination of money laundering. As such, will assist the US Government is 
their efforts to combat this worldwide problem through the Anti-Money Laundering section of the Patriot Act in any way possible.
Parties shall resolve their disputes in accordance with this Section.
The laws of the State of California, without reference to its conflict of law principles, govern this Agreement.
Any claim or suit arising out of or related to this Agreement must be brought exclusively in the federal or state courts located in the State of California, Sacramento County, 
U.S.A, except as otherwise agreed by the parties or as described in the Arbitration Option subsection below. Affiliate consents to the exclusive jurisdiction of such courts for 
the purpose of litigating these claims or suits.
Parties, to the extent permitted by law, knowingly, voluntarily, and intentionally waive their right to a trial by jury in any action or other legal proceeding arising out of or 
relating to this Agreement. This waiver applies to any action or legal proceeding, whether sounding in contract, tort, or otherwise.
Parties may elect to resolve a dispute or claim using binding, non-appearance-based arbitration. This arbitration option does not apply to: (1) Claims exceeding $10,000; (2) 
Disputes relating to injunctive relief or other equitable relief; or (3) Claims relating to’s intellectual property.
Parties shall arbitrate these claims through a reputable alternative dispute resolution provider agreed upon by the parties. The parties and the alternative dispute resolution 
provider shall conduct the arbitration: (1) By phone, online, or by written submissions elected by the parties; (2) Without the need for personal appearance by either party; and 
(3) Without the need for the appearance of witnesses unless otherwise agreed in writing by both parties.
Furthermore, the judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction.
Parties shall resolve their disputes using only the options available under this Dispute Resolution Section. All claims or suits filed contrary to this Dispute Resolution 
Section are improperly filed and a breach of this Agreement. may recover attorneys’ fees or costs for improperly filed claims.
Each of and Supplier are entering into the Agreement solely based on the terms and conditions contained in the Agreement for its own purposes and 
not for the benefit of any third party.
Rev: November 16, 2010

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