Merchant Affiliate Agreement
The authorized agent or owner of a business the only person that can start the process of becoming a MyEveryday Shopping Merchant Affiliate by signing and submitting a Merchant Affiliate Agreement with MyEverydayShopping.
IMPORTANT – Please read the following carefully before agreeing to become a MyEverydayShopping Merchant. Your approval to be a MyEverydayShopping Merchant is based on your acceptance of all the terms and conditions in this agreement. By accepting our terms and conditions you are entering into a legal agreement with MyEverydayShopping and officially indicating your acceptance of the terms and conditions of this agreement as named below.
- In this Agreement: (a) "you" or "your” means you, the owner applicant applying to participate in the MyEverydayShopping Merchant Program, (b) "our website” or your “website" means web pages provided by MyEverydayShopping, currently located at www.myeverydayshopping.com,
(c) "Member" means any approved MyEverydayShopping Member (d) “discount/rebate” or “discount/rebate percentage” is the percentage of rebate (not including tax, shipping or handling) that you have agreed to pay MyEverydayShopping.
We reserve the right to accept or reject a Merchant application at our sole discretion. If we reject your application, you may reapply after 3 months. We also reserve the right at our sole discretion to reject a Merchant application even after we have communicated acceptance to the Rebate Merchant and to remove a Rebate Merchant from the Rebate Merchant Program at any time for any reason.
Usage of Rebate Merchant Name and Logo
Upon being approved as a Rebate Merchant and being listed on the MyEverydayShopping Merchant Directory, you will be permitted to use the MyEverydayShopping name, logo and licensed trademarks in your advertising and promotions. You acknowledge and agree that such permission is limited, that all rights, title and ownership shall remain with at all times. You shall not take any action inconsistent with our ownership of, or goodwill associated with our name, logos or licensed trademarks, including, without limitation, applying for registration of any of our names, Logos or trademarks (or any mark similar thereto) anywhere in the world. However, we reserve the right to restrict or require you to discontinue any advertising using our names, logos or trademarks, in our sole discretion. In the event that either party has terminated a Rebate Merchant’s status, the Rebate Merchant must remove all MyEverydayShopping logos, stickers, signs or flyers from the place of business and will be unable to use the MyEverydayShopping Merchant program for any future advertising or promotions.
You must honor the discount/rebate for any purchases made by our MyEverydayShopping
Members. Should either party terminate this agreement, you must honor the discount/rebate on purchases made the day of or any day before such termination takes place.
Your business must provide good customer service and a method for Members and MyEverydayShopping to contact your business about customer service issues.
MyEverydayShopping may, at their preference, make a determination of unacceptable customer service and consequently terminate your status as an approved Rebate Merchant, upon providing you notice.
The products or services offered must be in good taste and socially acceptable. MyEverydayShopping may, at their discretion, make a determination of unacceptable products and services and consequently terminate your status as an approved Rewards Merchant, upon providing you notice. Rebate Merchants are prohibited from selling illegal drugs, goods or content that violates the law or legal rights of others, pornographic material or gambling services.
Your return policy must be clearly stated and be made readily available to the purchasing Member.
Each Member purchase must include a receipt that is stamped or imprinted with the date and time of purchase.
Tracking Discounts/Rebates merchants must report all Member purchases within 24 hours of the purchase being made, by entering the rebate purchase information into your MyEverydayShopping Merchant account. Failure to report purchases in a timely manner will be grounds for termination of your Rebate Merchant status.
Tracking and Recording Transactions
Tracking rebates merchants must login to their password protected MyEverydayShopping Merchant account to enter all purchases by our MyEverydayShopping Members. At the end of each month, you will be provided with a report/invoice at your MyEverydayShopping account, showing the total of purchases made and the amount of rebates owed by your business, based on the agreed percentage of discount/rebate.
Should any discrepancies be seen in your report, you must report the discrepancy to MyEverydayShopping within 10 business days of it being posted, in order for it to be eligible for consideration. We will review any disputes made about an entry. However should a dispute be made 10 business days after an entry/rebate has been posted, MyEverydayShopping, at their discretion, may choose not to make any change to the posting.
Merchants must pay the rebates earned by the members within 10 business days after receiving the invoice form MyEverydayShopping. We share these rebates with all of our shopping members so this is very important as everyone is impacted.
Should MyEverydayShopping be unable to receive the discount/rebate amount owed, the Merchant status will be changed to suspended, notices will go out to purchasing Members notifying them of the nonpayment and it will be posted as such to the MyEverydayShopping Merchant Directory until such time as the money owed to MyEverydayShopping has been collected. Should the amount owed not be collected by the 10th of the month, following the month the applicable purchases were made, notices will go out to the purchasing Members that the Rebate Merchant has not honored this agreement and the applicable Member Rebates will be reversed until such time as the Merchant provides payment. Should the Rebate Merchant not provide payment as owed by the end of the month following the month the eligible purchases were made, MyEverydayShopping will terminate the Rebate Merchant status and post same to the Merchant Directory.
You have independently evaluated the desirability of participating in the Rebate Merchant Program of MyEverydayShopping and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. No guarantee has been made for the increase or improvement of sales is concerned, by your participation as a MyEverydayshopping Rebate Merchant.
The term of this Agreement shall begin upon our approval/acceptance of your Rebate Merchant application and will end when terminated by either party. Either you or we may terminate this agreement and your participation in MyEverydayShopping Rebate Merchant Program at any time, with or without cause, by giving the other party written notice of termination. Providing notice by email to us at email@example.com and to you at the email address in our records shall be sufficient notice for termination of this Agreement.
We may modify any of the terms and conditions contained in this Agreement at any time and without approval, by posting a change notice or a modified agreement at our website. Notice of any change to this Agreement delivered by e-mail to your address on our records or by the posting of a new agreement on our website shall constitute sufficient notice to you of such change. If a modification is unacceptable to you, you may, at your discretion,terminate this Agreement and your participation in MyEverydayShopping Rebate Merchant program. Your continued participation in the Rebate Merchant program following the posting of the revised Agreement will constitute binding acceptance by you of such revisions.
Relationship of the Parties
Nothing set forth 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.
Limitations on Liability
Neither MyEverydayShopping nor any of its officers, employees, or agents will have any liability of any sort arising from any website interruptions, or for any inability to communicate effectively by email transmission. We do not warrant that our or your website will be error free or that it will function without interruption.
Province of Ontario, Canada and applicable federal laws of Canada SHALL GOVERN THESE MERCHANT AFFILIATE AGREEMENT. ANY DISPUTES ARISING FROM OR RELATED TO THE MERCHANT AFFILIATE AGREEMENT SHALL BE RESOLVED EXCLUSIVELY Before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and each MERCHANT hereby irrevocably submits and attorns to the original and exclusive jurisdiction of such Courts all related matters are governed exclusively by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other law. MERCHANTS hereby irrevocably submit and accept the original and exclusive jurisdiction of such Courts. If you are a Quebec resident, the laws of Quebec and the federal laws of Canada will apply to you.