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Member Contract
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STANDARD PROVISIONS
WHEREAS user wishes to be a member of the website Dreamtotheworld.com (« website »);
WHEREAS user wishes to sale articles or offer his services via the website;
WHEREAS the parties wish to confirm their agreement by a document;
WHEREAS the parties have the capacity and quality to exercise all the rights necessary for the conclusion and the execution of the agreement;
IN CONSEQUENCE, THE PARTIES AGREE AS FOLLOWS:
1.00 PREAMBLE
The preamble forms an integral part of this contract.
2.00 OBJECT
2.01 DTW
DTW is a company having set up a website that allows business networking (“the website”). The website allows members and non-members to consult the services and products that other members have to offer. DTW thus puts in contact several business people enabling them to make deals via its website.
2.02 Member
Upon receipt of a confirmation that his inscription to the website is accepted, the user is a member of DTW for a minimal period of twelve (12) months.
2.03 Sale of articles and services
The member shall promote the articles or services he wishes to sale on the website.
The member shall place himself his advertising that presents the articles or services on sale
3.00 CONSIDERATION
3.01 Profit percentage
For the right to place an advertising on the website that allows the member to sale his articles and/or services, the member agrees that a percentage of % of the profit that monthly sales the member generates shall be given to DTW.
3.02 Expenses
The member shall be responsible for all expenses occurred for the advertising of his articles and services on sale on the website.
3.03 Monthly report of the sales
On the first day of the following month, DTW will provide the member with a report of the sales he generated during the prior month.
3.04 Payment for articles and services
DTW provide a safe and secure place on its website to allow a user that wishes to buy articles or services from the member to pay via a credit card. All products from the said sales will always be directed to the member.
3.05 Terms and conditions for the payment of the percentage on profit
On the first day of the following month, DTW will electronically transfer from the bank account of the member to its bank account the percentage on profit that is due to DTW as per the sales of articles and services that had been made during the prior month.
4.00 PARTICULARS
4.01 DTW obligations
DTW engages and obliges itself to:
a) provide the member with all information that is necessary to knowingly make an advertising that promotes his articles and services and maximizes his sales;
b) all information shall respect all applicable laws and by-laws, in particular, without limiting the precedent, all property intellectual laws and by-laws, all laws and by-laws regarding the advertisement, the advertisement, advertising competitions, consumers protection, personal information protection and minors protection;
c) All information provided by DTW shall not violate any confidentiality obligation or non-divulgation agreement and shall allow the member to freely use the said information for the advertising of his articles and services;
d) DTW shall provide the member with a monthly report of his sales on the first day of the following month ;
4.02 Member’s obligations
The member engages and obliges himself to:
a) The advertising for sale of products and services shall be professionally done and shall not constitute a nuisance to DTW reputation ; the advertising will respect all laws into force where it is advertised;
b) The advertising shall contain words, expressions, references, special characters and graphics, well known by international standards, to identify intellectual property rights and the owner of such, being understood that such rights is the exclusive property of DTW;
c) Ensure that his employees, suppliers, collaborators and subcontractors, if any, respect the entirety of the present contract, in particular, the intellectual property rights;
d) At any time, the products and services offered by the member shall not be associated nor related of any manner to an illegal activity such as pornography, discrimination, racism, violence, ect.; in tact case, DTW shall be entitled to withdraw the advertising without any notice.
4.03 Intellectual property rights
4.03.01 Web site
The member shall not, in any case, create a web page that uses a link to the website. The member cannot insinuate any lien via internet with DTW except as per the website.
4.03.02 Television, radio, papers and internet
The member cannot advertise on television, radio and internet and in papers without the prior written consent of DTW. To obtain DTW consent, the member shall present the projected publicity to DTW 15 days prior the emission of such publicity. DTW authorization will be sent to the member via email. Without authorization the member cannot advertise. This authorization is at the sole discretion of DTW.
4.04 Confidentiality
The member agrees that DTW will have access to confidential information to register the member. DTW engages itself not to use the said information in a manner other than necessary to register the member. In any ways, DTW engages itself not to use the said confidential information to other means than the registration.
4.05 Relation between the parties
The parties are independent entrepreneurs and the present contract cannot associate them for more than the purposes of the said contract. In consequence, the contract cannot be interpreted as an association between the parties or any society between the parties or creating any mandate from a party to the other.
Moreover, a party cannot, in any manner, associate a party to any other party regarding the present contract.
4.06 Representation and warranties of the member
The member represents and warrants that he:
a) is 18 years old ;
b) as the capacity to engage himself for the present contract, his capacity is not limited by any engagement to a third party;
c) will respect all intellectual property right, title and interest of any third party in any development mean that he will use for his advertising;
d) will not use any confidential information or commercial secret of any third party without its consent;
4.07 Liability limitation
Except for a grave fault, the member cannot be liable towards DTW for any fault and damages, direct or indirect that could be sustain from it.
DTW can not be responsible for prejudices and same from transactions to be entered into by the member and users of the web site.
4.08 Termination of the contract by a party
Each party can terminate the contract upon a notice to the other party via email at least ten (10) days prior the termination. But, the member shall be liable for the monthly payment of the profit generated by his sales of articles and services to the date of termination.
5.00 MISCLLANEOUS
5.01 Money
All amounts in the present contract are in US dollars.
5.02 Governing laws
The present contract shall be interpreted as per the laws in the province of Quebec, Canada.
5.03 Election of domicile
The Parties agree to elect domicile in the judicial district of Montreal, Province of Quebec., for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effect of this Agreement
6.00 EFFECTIVE DATE
This Agreement shall become effective as of the day of the acceptance of the member’s registration by DTW via email.
7.00 TERM
The present contract shall end:
a) by its termination by a party, at any time during the present contract upon notice of the other party ;
b) when the annual registration is not renewed by the member or DTW;
8.00 ACKNOWLEDGEMENT OF THE PARTIES
THE PARTIES ACKNOWLEDGE THAT:
A) THE PRESENT CONTRACT HAD BEEN NEGOTIATED BETWEEN THEM;
B) THE PRESENT CONTRACT REALLY AND ENTIRELY REFLECTS THE AGREEMENT BETWEEN THE PARTIES;
C) ALL SECTIONS OF THE CONTRACT ARE LEGIBLE;
D) ALL SECTIONS OF THE CONTRACT IS UNDERSTANDABLE;
E) PRIOR THE SIGNATURE OF THE PRESENT CONTRACT, EACH PARTY HAD BEEN ABLE TO CONSULT A LEGAL ADVIRSOR TO DISCUSS OF THE AGREEMENT;
F) EACH PARTY HAS TAKEN A COPY OF THE
WHEREAS user wishes to be a member of the website Dreamtotheworld.com (« website »);
WHEREAS user wishes to sale articles or offer his services via the website;
WHEREAS the parties wish to confirm their agreement by a document;
WHEREAS the parties have the capacity and quality to exercise all the rights necessary for the conclusion and the execution of the agreement;
IN CONSEQUENCE, THE PARTIES AGREE AS FOLLOWS:
1.00 PREAMBLE
The preamble forms an integral part of this contract.
2.00 OBJECT
2.01 DTW
DTW is a company having set up a website that allows business networking (“the website”). The website allows members and non-members to consult the services and products that other members have to offer. DTW thus puts in contact several business people enabling them to make deals via its website.
2.02 Member
Upon receipt of a confirmation that his inscription to the website is accepted, the user is a member of DTW for a minimal period of twelve (12) months.
2.03 Sale of articles and services
The member shall promote the articles or services he wishes to sale on the website.
The member shall place himself his advertising that presents the articles or services on sale
3.00 CONSIDERATION
3.01 Profit percentage
For the right to place an advertising on the website that allows the member to sale his articles and/or services, the member agrees that a percentage of % of the profit that monthly sales the member generates shall be given to DTW.
3.02 Expenses
The member shall be responsible for all expenses occurred for the advertising of his articles and services on sale on the website.
3.03 Monthly report of the sales
On the first day of the following month, DTW will provide the member with a report of the sales he generated during the prior month.
3.04 Payment for articles and services
DTW provide a safe and secure place on its website to allow a user that wishes to buy articles or services from the member to pay via a credit card. All products from the said sales will always be directed to the member.
3.05 Terms and conditions for the payment of the percentage on profit
On the first day of the following month, DTW will electronically transfer from the bank account of the member to its bank account the percentage on profit that is due to DTW as per the sales of articles and services that had been made during the prior month.
4.00 PARTICULARS
4.01 DTW obligations
DTW engages and obliges itself to:
a) provide the member with all information that is necessary to knowingly make an advertising that promotes his articles and services and maximizes his sales;
b) all information shall respect all applicable laws and by-laws, in particular, without limiting the precedent, all property intellectual laws and by-laws, all laws and by-laws regarding the advertisement, the advertisement, advertising competitions, consumers protection, personal information protection and minors protection;
c) All information provided by DTW shall not violate any confidentiality obligation or non-divulgation agreement and shall allow the member to freely use the said information for the advertising of his articles and services;
d) DTW shall provide the member with a monthly report of his sales on the first day of the following month ;
4.02 Member’s obligations
The member engages and obliges himself to:
a) The advertising for sale of products and services shall be professionally done and shall not constitute a nuisance to DTW reputation ; the advertising will respect all laws into force where it is advertised;
b) The advertising shall contain words, expressions, references, special characters and graphics, well known by international standards, to identify intellectual property rights and the owner of such, being understood that such rights is the exclusive property of DTW;
c) Ensure that his employees, suppliers, collaborators and subcontractors, if any, respect the entirety of the present contract, in particular, the intellectual property rights;
d) At any time, the products and services offered by the member shall not be associated nor related of any manner to an illegal activity such as pornography, discrimination, racism, violence, ect.; in tact case, DTW shall be entitled to withdraw the advertising without any notice.
4.03 Intellectual property rights
4.03.01 Web site
The member shall not, in any case, create a web page that uses a link to the website. The member cannot insinuate any lien via internet with DTW except as per the website.
4.03.02 Television, radio, papers and internet
The member cannot advertise on television, radio and internet and in papers without the prior written consent of DTW. To obtain DTW consent, the member shall present the projected publicity to DTW 15 days prior the emission of such publicity. DTW authorization will be sent to the member via email. Without authorization the member cannot advertise. This authorization is at the sole discretion of DTW.
4.04 Confidentiality
The member agrees that DTW will have access to confidential information to register the member. DTW engages itself not to use the said information in a manner other than necessary to register the member. In any ways, DTW engages itself not to use the said confidential information to other means than the registration.
4.05 Relation between the parties
The parties are independent entrepreneurs and the present contract cannot associate them for more than the purposes of the said contract. In consequence, the contract cannot be interpreted as an association between the parties or any society between the parties or creating any mandate from a party to the other.
Moreover, a party cannot, in any manner, associate a party to any other party regarding the present contract.
4.06 Representation and warranties of the member
The member represents and warrants that he:
a) is 18 years old ;
b) as the capacity to engage himself for the present contract, his capacity is not limited by any engagement to a third party;
c) will respect all intellectual property right, title and interest of any third party in any development mean that he will use for his advertising;
d) will not use any confidential information or commercial secret of any third party without its consent;
4.07 Liability limitation
Except for a grave fault, the member cannot be liable towards DTW for any fault and damages, direct or indirect that could be sustain from it.
DTW can not be responsible for prejudices and same from transactions to be entered into by the member and users of the web site.
4.08 Termination of the contract by a party
Each party can terminate the contract upon a notice to the other party via email at least ten (10) days prior the termination. But, the member shall be liable for the monthly payment of the profit generated by his sales of articles and services to the date of termination.
5.00 MISCLLANEOUS
5.01 Money
All amounts in the present contract are in US dollars.
5.02 Governing laws
The present contract shall be interpreted as per the laws in the province of Quebec, Canada.
5.03 Election of domicile
The Parties agree to elect domicile in the judicial district of Montreal, Province of Quebec., for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effect of this Agreement
6.00 EFFECTIVE DATE
This Agreement shall become effective as of the day of the acceptance of the member’s registration by DTW via email.
7.00 TERM
The present contract shall end:
a) by its termination by a party, at any time during the present contract upon notice of the other party ;
b) when the annual registration is not renewed by the member or DTW;
8.00 ACKNOWLEDGEMENT OF THE PARTIES
THE PARTIES ACKNOWLEDGE THAT:
A) THE PRESENT CONTRACT HAD BEEN NEGOTIATED BETWEEN THEM;
B) THE PRESENT CONTRACT REALLY AND ENTIRELY REFLECTS THE AGREEMENT BETWEEN THE PARTIES;
C) ALL SECTIONS OF THE CONTRACT ARE LEGIBLE;
D) ALL SECTIONS OF THE CONTRACT IS UNDERSTANDABLE;
E) PRIOR THE SIGNATURE OF THE PRESENT CONTRACT, EACH PARTY HAD BEEN ABLE TO CONSULT A LEGAL ADVIRSOR TO DISCUSS OF THE AGREEMENT;
F) EACH PARTY HAS TAKEN A COPY OF THE
