SHIPPING POLICY •
Free shipping on all orders to the contiguous United States (48 states). • All orders ship within 1-2 business days of payment. •
Valid for standard ground delivery only. •
Not valid in combination with other offers or for use on prior purchases. •
Tracking included. •
For your safety, we do not
ship to PO Box Addresses. •
Shipments may incur taxes upon delivery. SHIPPING TO PO BOXES
For your safety, we do not
currently ship to PO Boxes. If you place an order with a PO Box as the delivery address, your order will automatically be canceled and refunded. CALCULATING YOUR SHIPPING COST
Shipping rates for your order will be calculated upon checkout. RETURN POLICY
You shouldn’t have to worry about your Chair falling apart or breaking while you’re in the middle of a Battle Royal, which is why we try to ensure that you’re getting the highest quality gaming gear and accessories available. We want you to love your RESPAWN products, but if you’re dissatisfied for any reason, we want to make it right. If you’re unhappy with your purchase, please take the following steps:
Contact us via our Contact Us page within 30 days of delivery to return your item(s). Please include your Order ID and a reason for your return in the form for documentation purposes.
During the returns period, we will respond with authorization and instructions for returning your item(s).
Your refund will be credited back to the original method of payment in the amount of your original purchase price. Typically, refunds show up on your credit/debit card within 3 business days after the refund is issued.
While we try to ensure that your product comes in mint condition, damages do happen. If you receive a damaged item(s), please take the following steps:
Contact us via our Contact Us page within 24 hours of delivery to claim it as damaged.
To make sure you are eligible for a replacement, please take pictures of the damage and attach them to your initial email. This will help us file the investigation immediately.
Be sure to retain all original packaging and materials, which includes the shipment box, packing materials, product manual, and tags.
Depending on the nature of the damages, we will either email you a shipping label to return the product or the shipping service may deem a pick-up inspection necessary. In the latter case, we will provide instructions to prepare for the shipping company pick-up and return to sender. DEFECTIVE ITEMS
We test our products to ensure that you’re getting the highest quality gaming furniture products out there, but mistakes do occasionally happen. If you discover that your product(s) is defective, please reach out to us within 30 days of delivery.
For confirmed defective items, we will email a return shipping label to send the product(s) back.
We don’t offer exchanges for other items or different variations of the same item. However, if you opt to replace the same item(s), we will replace the item(s) per available stock upon receipt of your return. If you’d rather a full refund, we will issue the full refund upon receipt and verification of your return. Please note that you’ll need to ship all original parts and packaging.
RESPAWN by OFM hereby warrants that the products distributed by it shall be free of all defects in original material and workmanship for the life of the product provided the product has only been used under Normal Commercial Use. RESPAWN will repair or replace, at our option any product or component that is defective in material or workmanship. This warranty only applies to products purchased directly from an authorized RESPAWN reseller and is valid for the original purchaser only. Exclusions to the warranty are as follows: •
Normal wear and tear, which are to be expected over the course of ownership •
Damage resulting from shipment, which will be handled under separate terms •
Damage resulting from storage, alteration, unauthorized repair, infestation, misuse, abuse, accident, acts of God, natural causes, and/or exceeding listed capacities •
Products used for rental purposes •
Failure to provide reasonable and necessary maintenance (per product instructions) •
Transportation and labor costs associated with warranty replacements •
2 years on all fabric and material •
2 years on electrical systems •
2 years on any moving parts which would include but is not limited to chair mechanisms, castors, and gas lifts. •
5 years on tables and desk frames •
2 years on table and desk tops •
COM fabric is not covered under this warranty SEATING
All seating is covered under warranty for the life of the product under normal use. RESPAWN does not warrant the color-fastness or matching of colors, grains, textures of covering materials. Normal Commercial Use for Seating is defined as 8 hours a day, 5 days a week with a weight capacity not to exceed 275 lbs. NOTICE TO PURCHASER FOR HOME OR PERSONAL USE
Federal law does not permit the exclusion of certain implied warranties for consumer products. Therefore, if you are purchasing this product for home or personal use, the exclusion of implied warranties noted does not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This warranty applies only to products sold within the United States of America and the Commonwealth of Canada.
This Policy describes the types of information we may collect from you or that you may provide when you visit the website www.respawnproducts.com (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to information we collect on this Website and in e-mail, text and other electronic messages between you and this Website. It does not apply to information collected by: •
Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or •
Any third party (including our affiliates and subsidiaries), such as through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. Children Under the Age of 18.
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not: •
use or provide any information on this Website or on or through any of its features; •
register on the Website; •
make any purchases through the Website; •
use any of the interactive or public comment features of this Website; or •
provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us via our Contact Us
page. Information We Collect About You and How We Collect It.
We collect several types of information from and about users of or Website, including information: •
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, and any other identifier by which you may be contacted online or offline ("personal information"); •
That is about you but individually does not identify you; and/or •
About your internet connection, the equipment you use to access our Website and usage details.
We collect this information: •
Directly from you when you provide it to us. •
Automatically as you navigate through the Website, including usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies. •
From third parties, including our business partners. Information You Provide to Us.
The information we collect on or through our Website may include: •
Information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, requesting further services, entering a contest or promotion sponsored by us, and reporting a problem with our Website. •
Records and copies of your correspondence (including e-mail addresses), if you contact us. •
Details of transactions you carry out through our Website and of the fulfillment of your orders. You will be required to provide financial information before placing an order through our Website. •
Your search queries on the Website. Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: •
Details of your visits to our Website, including traffic data, location data and other communication data and the resources that you access and use on the Website. •
Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: •
Estimate our audience size and usage patterns. •
Store information about your preferences, allowing us to customize our Website according to your individual interests. •
Speed up your searches. •
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include: • Cookies (or browser cookies).
Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. • Web Beacons.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. How We Use Your Information.
We use information that we collect about you or that you provide to us, including any personal information: •
To present our Website and its contents to you. •
To provide you with information, products or services that you request from us. •
To fulfill any other purpose for which you provide it. •
To provide you with notices about your account. •
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. •
To notify you about changes to our Website or any products or services we offer or provide though it. •
In any other way we may describe when you provide the information. •
For any other purpose with your consent.
We may also use your information to contact you about our own goods and services that may be of interest to you. Disclosure of Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Policy: •
To our subsidiaries and affiliates. •
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. •
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred. •
For any other purpose disclosed by us when you provide the information. •
With your consent.
We may also disclose your personal information: •
To comply with any court order, law or legal process, including to respond to any government or regulatory request. •
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Choices About How We Use and Disclose Your Information.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: • Tracking Technologies and Advertising.
If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions. Accessing and Correcting Your Information.
You can review and change your personal information by logging into the Website and visiting your account profile page. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
California Civil Code Section § 1798.83 permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via our Contact Us
page. Data Security.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
To ask questions or comment about this Policy and our privacy practices, contact us via our Contact Us
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: •
Making all arrangements necessary for you to have access to the Website. •
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. •
You may store files that are automatically cached by your Web browser for display enhancement purposes. •
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. •
If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not: •
Modify copies of any materials from this Website. •
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
If you wish to make any use of material on the Website other than that set out in this section, please contact us via our Contact Us
The Company name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). •
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. •
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. •
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). •
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to: •
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. •
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. •
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. •
Use any device, software or routine that interferes with the proper working of the Website. •
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. •
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. •
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. •
Otherwise attempt to interfere with the proper working of the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Copyright Infringement.
If you believe that any content on the Website violate your copyright, please send us a notice of copyright infringement to Respawn Products, 161 Tradition trail, Holly Springs, North Carolina 27540. It is the policy of the Company to terminate the user accounts of repeat infringers. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Changes to the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website.
All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our Terms of Sale, available at www.RespawnProducts
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: •
Link from your own or certain third-party websites to certain content on this Website. •
Send e-mails or other communications with certain content, or links to certain content, on this Website. •
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: •
Establish a link from any website that is not owned by you. •
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. •
Link to any part of the Website other than the homepage. •
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Geographic Restrictions. The owner of the Website is based in the state of North Carolina in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification.
This website is operated by Company which is located at 161 Tradition Trail, Holly Springs, North Carolina 27540. All notices of copyright infringement claims should be sent to the Legal Department at the foregoing address.
All other feedback, comments, requests for technical support and other communications relating to the Website should be submitted via our Contact Us
Thank you for visiting the Website
By accepting this agreement, you the affiliate agree to below between the Affiliate and RESPAWN Products (OFM LLC), herein Principal, effective on the date which the agreement was accepted.
1. Exclusive Representative.
Principal grants to Affiliate the exclusive right (to the exclusion of Principal and all claiming under or through Principal), by acting as Principal’s sales representative, to solicit orders for the Principal’s goods, equipment and/or services (See exhibit A). Affiliate agrees not to represent another manufacturer whose product or service is directly competitive to Principal.
2. Sales Policy.
The prices, and terms of sale (Sales Policies’) shall be established by Principal. When possible, notice of Sales Policy changes shall be given by Principal to Affiliate 30 days prior to such changes.
3. Orders and Collections.
Orders for Products from the Affiliate shall be subject to acceptance by Principal. The Principal agrees to furnish Affiliate with copies of all correspondence and pertinent documents between Principal and Customer. All invoices shall be rendered by Principal to Customer. Responsibility for collection rests with Principal.
4. Affiliate’s commission.
The commission payable to Affiliate on orders from the Affiliate’s associated links shall be deemed earned by affiliate upon acceptance or delivery of an order by Principal, whichever occurs first. Commission rates shall be (See Exhibit B). Commission is paid to Affiliate by information furnished by report generated by Affiliatly accounting for attributed sales. All commissions due to Affiliate for sales made via Affiliate's links shall be paid on the 3rd week of the month after a minimum Commission threshold of $100 is met, for sales made throughout the duration of the previous calendar months. Payment of Commission will restart the threshold cycle. Affiliate assumes responsibility for tax liability on revenue generated through the Principal’s program.
5. Relationship Created.
Affiliate is not an employee of Principal, but is an independent contractor, who shall have sole control of the manner and means of performing under this agreement. All expenses incurred by Affiliate by promoting Principal’s goods and/or services in connection with this agreement shall be borne wholly and completely by Affiliate. Affiliate does not have any right, power or authority to create any contract or obligation, either expressed or implied on behalf of Principal.
This agreement is valid until terminated, by either party, for good cause by giving written notice to the other. The "Termination Date" shall become effective immediately after notice is given. If the agreement is terminated, all orders received and accepted by Principal from Affiliate’s links prior to effective date of termination will be due commission as given in Paragraph Four regardless of when orders are shipped, or invoices rendered.
7. Hold Harmless.
Principal shall save Affiliate Harmless from and against and indemnify Affiliate for all liability, loss, costs, expenses or damages howsoever caused by reason of any product (whether or not defective), or any act or omission of Principal, including but not limited to any injury (whether to body or property) sustained by any person or to property, and for infringement of any patent rights, or third parties, and for any violation of municipal state or federal laws or regulations governing their products or their sale. Affiliate shall hold Principal Harmless from and against and indemnify Principal from any loss, costs, expenses or damages incurred by Affiliate fulfilling this agreement.
This agreement contains the full and final agreements between the parties and becomes effective when accepted by parties noted hereon. Any notice demand or request shall be in writing and deemed in effect after having been submitted. Any party may change their office address for purposes of this agreement by written notice in accordance herewith.
Principal and Affiliate acknowledge that each party owns (i) certain names, trademarks, service marks, copyrights ("Marks"), in addition to merchandising rights and goodwill associated with the marks. Each party hereto grants to the other a nonexclusive, nontransferable and revocable license to use its Marks in the United States and Canada (the designated "Territory") during the term of this Agreement and subject to the terms and conditions set forth herein, solely in connection with advertising and promoting the events and activities described in this Agreement.
The Parties must agree in advance in writing as to the use of the Party’s Marks, including: (i) the form and content (ii) the venue for the use of any promotional or advertising materials, and (iii) the media in which such materials are to be used (collectively "Mark Approval"). The Mark Approval shall not be unreasonably withheld or delayed following such party’s receipt of a request from the other party. The Mark Approval may be made subject to such reasonable conditions as the owning party may impose, including, but not limited to, conditions affording such party adequate protection of its Marks. Upon termination or expiration of this Agreement, each party shall cease all use of the Marks of the other party as soon as practicable, but in any event, not longer than thirty (30) days thereafter unless the particular media requires a longer lead time, but in no event, longer than ninety (90) days.
While Principal’s name must be displayed prominently on Affiliate’s pages, Principal shall not be advertised, in any manner, that suggests the brand is tied to Affiliate. Principals’ name, initials, logo and related trademarks are the exclusive property of OFM LLC. Affiliate is hereby authorized to use Principal’s marks in advertising, promoting, and selling its product during the Term of this Agreement. Principal reserves the right to revoke such approval should Principal’s marks be used in a manner inconsistent with Principal’s mission and philosophy. The right to use Principal’s marks is nonexclusive, non-assignable and nontransferable Principal’s marks must be removed from this space after the expiration or termination of this Agreement.
Neither party is granted any right or license under this Agreement to sell, or otherwise distribute for sale, any promotional or advertising materials created pursuant to this Agreement, nor any items related thereto.
10. Confidential Information.
Confidential Information disclosed under this Agreement shall include and mean the following. While performing the Services, the Affiliate may be given further access to Confidential Information of the Principal, and/or Principal’s members. "Confidential Information" shall mean all information, trade secrets, methods, processes, product and/or design plans, inventions, product ideas, future business plans, financial information, budgets, manufacturing, research, development and licensing strategies, advertising campaigns, data, unregistered patentable, copyrightable, trademarkable ideas and general concepts and ideas of the disclosing party which is either completely or partially sensitive material and which: (a) derive economic value, actual or potential, for its owners, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy that is disclosed by the disclosing party or learned by the receiving party, in the course of its dealings with the disclosing party, in any form, including without limitation, the existence of this Agreement or any other agreement between the receiving party and the disclosing party, written documents, memoranda, reports, correspondence, or drawings, in oral reports, visually, electronically, in computer software and programs, or by any other means. Notwithstanding any other provision of this Agreement, Confidential Information shall not include any item of data, or idea which: (1) is within the public domain prior to the time of disclosure by the disclosing party to the receiving party, or thereafter becomes within the public domain other than as a result of disclosure by the receiving party; (2) was, on or before the date of disclosure to the receiving party by the disclosing party, in the possession of the receiving party without obligation of confidentiality, which possession can be documented in the receiving party’s files; or (3) is acquired by the receiving party from a third party not under an obligation of confidentiality to the disclosing party; or is independently developed by the receiving party without any use whatsoever of the Confidential Information.
EXHIBIT A – PRODUCTS
• RESPAWN Product Assortment sold through www.respawnproducts.com
EXHIBIT B - COMISSIONS
• Commissions are paid on products, and equipment only.
• The standard commission is 10% based on invoice pricing.
• Commissions are subject to payment from the customer.
• Commissions are paid on the 3rd week of the month.
• Commissions paid will account for sales made the previous calendar month.
• Commissions paid on sales made via link within a 30 day time period.