TMT Sports Reseller Operating Agreement

TMT Sports
Reseller Operating Agreement

The Reseller Program simply provides you, the website operator the opportunity to sell Air Alert^®: The Complete Vertical Jump Program via your site to your website customers and earn profits up to 100% of your purchase price. You will simply purchase Air Alert^® from us, TMT Sports, for resale to your customers.

Once you have read the Operating Agreement, you may proceed to the registration form.

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the TMT Sports Reseller Program (the "Program"). As used in this Agreement, "we" means TMT Sports, and "you" means the applicant and/or retailer.

1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you within 48 hours of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:

promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
promote illegal activities

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

2. Program Requirements

To qualify to be licensed reseller of Air Alert^®, you must 1) operate a viable website that conducts ecommerce under your company or website name and 2) must operate this website with a registered domain url. We will automatically decline your application if you operate a site from a free server such as angel fire, yahoo, etc. Reselling from auction sites such as EBay will also result in a declined application.

3. Copyrights and Trademarks

TMT Sports is the sole owner of Air Alert^® and the intellectual material it contains. TMT Sports also owns the trademark to the term Air Alert^® and its use other than as associated with Air Alert^® is forbidden. You have no authorization to reproduce the Air Alert^® DVD and the written material contained with the DVD packaging. Doing so is a willful attempt at violating federal copyright and trademark laws and can result in fines of up to $250,000.00 or up to 5 years in prison.

When placing the term "Air Alert^®" on your website, you must follow the term with the trademark designation "®" to clearly indicate that the term Air Alert^® is legally trademarked.

4. Ordering the Air Alert^® DVD

You may order copies of Air Alert^® at a designated website. Once you have been approved, you will be provided with that website address. The minimum order quantity is 50. You may order in groups of 50 or 100.

You only place orders when you are in need of fulfilling sales. Orders arrive 5-10 days after purchase.

5. DVD Wholesale Pricing

We have set the wholesale pricing reasonably to allow you to benefit by more than 100% profit per unit. This pricing will be available at the wholesale web address.

Once DVDs have been purchased, there is no refund on unsold units.

6. Online Resale Pricing Restrictions - $29.95 ONLY.

Online pricing is set by TMT Sports and this price CANNOT BE NEGOTIATED downward. Pricing is currently set at $29.95 per unit. You may; however, charge more if you so choose. The recommended shipping is set at $4.00. You may choose whether to or how much to charge for shipping.

We set a standard, set price simply because of fairness to other online vendors. The internet and access to all website is very back door meaning that access to all sites is seamless and immediate. We are against price wars between vendors. We do feel that competition to increase sales must only occur through effective marketing and regular customer visits. We will protect all resellers from worrying about undercutting one another. And we, as the operator of the official Air Alert^® website, will not undercut as well.

Should we change the online pricing, we will inform you when this change occurs.

7. In Store (walk in) Pricing Restrictions

In store (walk in business) retail pricing may fluctuate downward. If you operate an open door retail store, you may reduce the price by 25% or $22.50 if you so choose. If you operate this store in conjunction with an online store, you must advertise the sale of Air Alert at $29.95 online and up to a discount of 25% in store for walk in customers..

Violating the online resale pricing set by us, TMT Sports, will violate the terms of this agreement and can result in termination.

8. Use of Images, Text and Quotations

You may use any images (other than NBA players), text and quotations to advertise and promote Air Alert^®. You may access any image at www.airalert.com. You may not, however, use any image of Baron Davis or Larry Hughes nor may you use those testimonials.

You may not post any testimonials from any professional player or professional organization to misrepresent users of Air Alert^® for any company gain.

9. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site.

10. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications will mostly include pricing changes.

11. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

12. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

13. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14. Taxes

It is the sole responsibility for you, as the company and payee, to manage any and all taxes as they pertain to your current business set up.

15. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.