These terms are incorporated into Vendio's User Agreement at http://www.vendio.com/ecommerce/terms and are subject to such User Agreement. Your use of any of Vendio's services is subject to the User Agreement in its entirety. This Agreement was updated broadly on March 28, 2011, and will become effective on March 31, 2011, with the introduction of the new Vendio Platform Bundle Plans. A copy of the Fees Policy in effect just prior to March 28, 2011 is available upon request.
a) Vendio Platform Bundles
Basic Bundle
Monthly Subscription Fee: Free
Expanded Bundle
Monthly Subscription Fee: $19.95
Plus Bundle
Monthly Subscription Fee: $59.95
Pro Bundle
Monthly Subscription Fee: $149.95
Get It All Bundle
Monthly Subscription Fee: $299.95
b) Vendio Applications
i. Image Hosting. Image Hosting is included on all Bundle levels, up to the applicable storage quota specified in the following table for that bundle (the "Storage Quota").
| |
Storage Quota |
Approximate Image Count* |
| Basic Bundle |
500 MB |
10,000 |
| Expanded Bundle |
1 GB |
20,000 |
| Plus Bundle |
2GB |
40,000 |
| Pro Bundle |
3GB (3,072 MB) |
60,000 |
| Get It All Bundle |
unlimited |
unlimited |
*Image counts assume 50KB per image. This estimate is for your
convenience only. Billing will be based solely on plan selected.
For all bundles other than the Basic Bundle, any usage of image hosting exceeding the Storage Quota will incur a $0.12/MB overage fee, based on peak storage for the billing period. The Basic Bundle will prevent usage beyond the Storage Quota.
ii. Watermarking. Watermarking is included within the Vendio Platform Bundle for Plus, Pro and Get It All Bundles. If added to the Basic and Expanded Bundles, there is an additional $3.00 monthly fee for all images.
iii. ZoomStream Images.. On all Bundle levels, an initial $1.00 fee (the "Initial Zoomstream Fee") will be charged upon upload of each ZoomStream image (the "Uploaded Image"), which enables up to two weeks of unlimited use. A $0.50 renewal fee will be charged for each subsequent two-week period of storage of the Uploaded Image. Images uploaded, deleted, and uploaded again are subject to the Initial ZoomStream Fee.
iv. Vendio Gallery The Vendio Gallery is enabled and included within all Bundle levels. The enhanced Vendio Gallery Traffic Booster Edition can be added to the Basic, Expanded, Plus and Pro Bundle levels (it is already included in the Get It All Bundle level). Additional fees will be charged based on the plan selected as follows:
| |
Monthly Fee |
Included Imported Items |
Additional Imported Items |
| Vendio Gallery 100 |
$4.00 |
100 |
$0.05 each |
| Vendio Gallery 200 |
$7.00 |
200 |
$0.03 each |
| Vendio Gallery 1K |
$30.00 |
1000 |
$0.02 each |
| Vendio Gallery 5K |
$70.00 |
5000 |
$0.01 each |
v. Personal Assistance A Personal Assistance plan can be added to all Bundle levels, and additional fees will be charged based on the plan selected as follows:
| |
Monthly Fee |
Calls Included |
Additional Calls |
| Personal Assistance 2 |
$6.00 |
2 |
$5.95 each |
| Personal Assistance 5 |
$15.00 |
5 |
$5.95 each |
Note: The initial call and any follow up conversations
required to resolve a specific question are only counted as one call.
vi. Vendio Reports. Store Reports are included within the Vendio Platform Bundle for Expanded, Plus, Pro and Get It All Bundles. Marketplace Reports are included within the Vendio Platform Bundle for Pro and Get It All Bundles. A Reports plan can be added to the Basic Bundle level for an additional monthly fee of: $20.00
vii. Vendio Reviser. Reviser is included within the Vendio Platform Bundle for Plus, Pro and Get It All Bundles. If added to the Basic and Expanded Bundles, additional fees will be charged based on the plan selected as follows:
| |
Monthly Fee |
Included Revised Items |
Additional Revised Items |
| Reviser 40 |
$7.00 |
40 |
$0.20 each |
| Reviser 100 |
$10.00 |
100 |
$0.15 each |
| Reviser 200 |
$20.00 |
200 |
$0.10 each |
viii. Vendio Counters Pro. The enhanced Counters Pro Edition can be added to the Basic, Expanded, Plus and Pro Bundle levels (it is already included in the Get It All Bundle level) for an additional monthly fee: $3.00.
a) Enrollment. Subject to availability, you may enroll in a
Vendio pricing plan in accordance with the Fees Schedule or your
contract fees schedule. Each month, Vendio will charge you the
applicable fees, which will appear on your statement or invoice. Except
as otherwise noted, each indicated fee is in addition to, and not in
lieu of, the other indicated Vendio fees and fees charged by related
services. Examples of cumulative, related services include, but are not
limited to, payment processing, eBay and Amazon marketing, and shipping
services.
b) Money Back Guarantee.
(i) Generally. All customers are eligible for a money-back guarantee ("MBG") during the period that starts with the date of the customer's sign-up and ends one calendar month later (the "MBG Period"). During the MBG Period, a customer may invoke the money-back guarantee by completing our exit survey and requesting their money back. Customers switching from one plan to another plan shall be deemed to have exhausted the MBG Period, and will no longer be eligible for the MBG. Each customer can only use the Money Back Guarantee once, and for only one account. Any customer who has breached or whose account has been suspended or terminated due to the breach of any part of the user agreement has automatically forfeited the right to use MBG.
(ii) Domain; Terapeak Credits. Users that have activated a free domain or Terapeak credit included in their bundle that cancel during the MBG Period, will be reimbursed the monthly subscription of the bundle minus the costs of the domain and/or Terapeak credit.
(iii) Eligible Products. The MBG applies to Vendio Platform Bundles only. The MBG does not apply to any additional or optional services or features added by the customer.
c) Billing Once you have completed the MBG period for any Vendio Platform or Vendio Application Plan, Vendio will charge you the
non-refundable, prepaid monthly fee indicated applicable to each of your
selected plans, if any. All monthly fees and usage fees will be charged
until you cancel your subscription. Each Vendio Platform and Vendio
Application Plan subscription must be canceled independently. If you
cancel one subscription, Vendio will continue to provide and charge for
other requested services until you meet the cancellation requirements in
this Section.
d) Payment. Payment will be made by a valid credit card
accepted by Vendio. Fees are payable in U.S. dollars. If you have
previously provided your credit card for payment, Vendio will charge
your credit card for billed amounts on a regular monthly basis beginning
at the end of your free trial and continuing until your account is
terminated.
e) Past Due Accounts/Credit Risks. For accounts that
are in arrears or accounts that Vendio, in its discretion, believes may
represent a credit risk; Vendio may charge amounts as they come due or
sooner than the account would otherwise have been charged based on its
billing cycle. If your account is scheduled for renewal, but your credit
card on file has expired; you may be requested to update your account.
For your convenience, we will also try to process your renewal with your
existing credit card. You will be billed a monthly finance charge of
the lower of 1.5% or the highest amount permitted by applicable law if
your account becomes past due. Your account may be suspended or
terminated for non-payment. You will reimburse Vendio for any costs
arising from collections activity.
f) Account Closure. You may close your account by emailing
us at service(at)corp.vendio.com to request closure or sending us a request using the contact us form.
g) Changes to Fees. Vendio may change the Fees Policy
effective seven days after those changes have been posted on our website
and may add new fees effective immediately upon posting the new fees. We
may change temporarily our fees for promotional events (for example,
free listing days) and such changes are effective when we post the
temporary promotional event on the announcements board. If you have
prepaid for services, Vendio will either maintain your existing service
or refund a pro-rated portion of your prepayment based upon time
remaining.
h) Discounts, Credits and Refunds. Vendio may, in its
discretion, offer discounts, coupons or promotions that may reduce
applicable fees. Users may request credits to their account by
contacting Vendio customer service. Credits will be granted in Vendio's
discretion. Any refunds will be made in credits to your Vendio account.
You will not be entitled to a refund in the event we cancel your
services for a violation by you of these Terms and Conditions or if you
have not used the services.
3. Fee Specifics and Mechanics.
a) Vendio Platform Fees
i. Monthly Subscription Fee. At the beginning of each
monthly billing cycle during which you have enabled Marketplace
Management, you will be charged the non-refundable Vendio Platform
Monthly Subscription Fee.
ii. Monthly Sales Success Fees. During each monthly
billing cycle, you will be billed the non-refundable monthly Sales
Success Fees.
a. Sales Revenue Calculation. "Sales Revenue"
means the sum of all items sold through your Vendio account through
eBay and Amazon.com less any Sales Revenue Refunds. Sales Revenue
is reset to $0 at the beginning of each billing cycle.
b. Sales Revenue Refunds. Sales Revenue will be
reduced by the aggregate amount of transactions for which either
(i) the buyer does not subsequently complete the purchase or (ii)
the buyer receives a refund for their purchase. Sales Revenue
Refunds require proof from the external venue (e.g. eBay or
Amazon.com) of a similar refund. Sales Revenue Refunds requested
and approved within the monthly billing cycle that the original
sale was added to Sales Revenue are reduced in that billing cycle
prior to calculating the total Sales Revenue. Sales Revenue
Refunds approved in a subsequent billing cycle will be subtracted
when calculating the Sales Revenue for the month in which the Sales
Revenue Refund was approved.
c. Sales Success Fee Calculation. Sales Success
Fees are calculated using your Sales Revenue for the monthly
billing cycle and your Vendio Platform Plan.
d. Sample Calculation. For example, if you
generated $10,000 of Sales Revenue in the billing cycle, your Sales
Success Fees would be calculated as follows:
| Monthly Sales Revenue Tier |
|
Sales Success Fee |
|
Subtotal |
| ($2,500 - $1,000) |
x |
0.0175 |
= |
$26.25 |
| ($5,000 - $2,500) |
x |
0.015 |
= |
$37.50 |
| ($10,000 - $5,000) |
x |
0.012 |
= |
$60.00 |
| $143.25 |
iii. Listing Fee. If applicable to your Vendio Platform Plan, Vendio will charge you the non-refundable Listing Fee for each eBay auction or eBay fixed price item that you list or relist using any Vendio Sales Manager service, including the Vendio Platform, Sales Manager, online Inventory, Sales Manager Pro, Lister Pro, Vendio Desktop and Sales Manager Business Edition.
a. Thirty-Day Listings. eBay fixed price listings
that have a maximum duration of 30 days (including those listed as
Good Till Cancelled) will be charged three applications of the listing
fees (each, an "Extended Listing Fee") normally applicable to eBay
auctions or fixed price items with a duration shorter than 30 days.
All of the Extended Listing Fees will be charged at the beginning of
each 30-day period during which the listing exists on eBay. The second
Extended Listing Fee is refundable upon request if the listing ends
prior to the 11th day of the listing period. The third Extended
Listing Fee is refundable upon request if the listing ends prior to
the 21st day of the listing period.
b. eBay Stores; Amazon.com; Images; Checkout. eBay
Stores listings will be charged the non-refundable Listing Fee at the
beginning of each 30 day period during which the listing exists in
your eBay Store. Amazon.com listings will be charged the
non-refundable Listing Fee at the beginning of each 30 day period
during which the listing exists on Amazon.com. Listings that use only
our standalone image hosting system are subject to the applicable
Image Host Fee in lieu of a Listing Fee. Listings that use only our
buyer checkout system are subject to the applicable listing fee upon
import of the transaction data into our systems.
iv. Final Value Fees. If applicable to your plan,
Vendio will charge you the percentage of the item's final sale price
(its final value), but not more than the indicated maximum.
a. Grandfathered Plans. Our March 4, 2009 announcement discontinued plans that users may have selected prior to that date and were allowed to retain (the "Grandfathered Sales Manager Plans"). Our March 28, 2011 announcement discontinued Vendio Platform Plans (the "Grandfathered 2009 Plans" and, together with the Grandfathered Sales Manager Plans, the "Grandfathered Plans"). As of March 4, 2009, Sales Success Fees replaced Final Value Fees, therefore Final Value Fees are only applied to plans indicating a Final Value Fee, particularly for Grandfathered Sales Manager Plans. For Grandfathered Sales Manager Plans, each item that includes a Listing Fee and/or a Final Value Fee will be excluded from Sales Revenue for the purposes of calculating Sales Success Fees.
b. Listing Types. For regular and reserve auctions (when the reserve has been
met), the final value is the closing bid. Vendio will not charge you a
Final Value Fee if the reserve is not met. For Dutch Auctions, the
final value is based on the lowest successful bid. For listings that
end with multiple items sold (Dutch Auctions, Second Chance Offers and
multiple quantity fixed price listings), a Final Value Fee is charged
on each item sold.
c. Refunds. Final Value Fees for items with buyers who subsequently do not
complete the purchase are refundable with proof from the external
venue of a similar refund.
v. Multiple Marketplace ID Extension
The Vendio Platform with Marketplace Management Monthly Subscription Fee includes the ability to sell using one external account
per sales channel (each a "Venue ID"). Users may add additional Venue
IDs to enable managing multiple external accounts within a single Vendio
Platform account. For each month in which you have more than one Venue
ID enabled per sales channel, you will be charged a non-refundable
monthly Multiple Marketplace ID Extension for each such additional Venue ID. Each
sales channel is considered individually, and Venue IDs not used on one
sales channel can not be credited toward another sales channel.
b) Vendio Application Fees.
i. Image Hosting Fee.Vendio will charge you the non-refundable monthly image hosting fee based upon either the current Image Hosting plan selected, as noted in section 1.b.i above, or, if applicable to your legacy Image Hosting plan, the peak image storage used during the billing cycle, calculated as described below:
a. Images included in storage calculation. At any given time,
your total image storage equals the sum of the file sizes of all images uploaded
to Vendio (including unfiled images and those filed in image folders), plus the sum
of the file sizes of all images in your Recycle Bin. Any other images, such as
ZoomStream Images and logos, or images for custom templates, are excluded from your
storage calculation. Your peak storage equals the highest total image storage used
in a given billing cycle.
b. Initial billing cycle. Upon activation, you will be able to upload,
store, and use images immediately. When enabling Standard General Images
you will be charged for the new service.
c. Subsequent billing cycles. At the beginning of each subsequent
monthly billing cycle, you will be charged a non-refundable, prepaid amount based
upon the Image Hosting plan that includes a storage level that supports your
existing image hosting storage.
d. Automated plan selection. If at any time during a billing cycle
your account exceeds the current available peak storage applicable to the current
legacy image hosting plan (plus the Vendio Hosted Stores image allowance, if applicable),
Vendio will automatically select the next higher plan level to accommodate the additional
storage requirements. This plan will be the new image hosting plan for subsequent
months unless you select another plan or additional storage is required, thereby
requiring another plan upgrade as outlined in this section 3.b.i.d.
ii. Personal Assistance Fees: Upon activation, you will be billed the full non-refundable, prepaid monthly subscription fee according to your Personal Assistance plan selection. At the beginning of your next monthly billing cycle, (i). Vendio will charge the applicable non-refundable, prepaid monthly fee and (ii). Vendio will credit your account a pro-rata monthly subscription amount from your prior month to adjust your billing for the initial partial month. Pro-rata credits will not be provided for plans cancelled prior to the first full month billing cycle.
Example:
If you sign up for the Personal Assistance plan approximately halfway through your billing cycle, your statement will reflect (in addition to overage charges):
| Sign-up date (May 15): |
Personal Assistance 2 Subscription |
$6.00 |
| Monthly billing cycle date (May 30): |
Personal Assistance 2 Subscription (adjusted) |
$3.00 |
Note: this adjusted amount includes the monthly fee of $6.00 - the pro-rata subscription credit of $3.00
Each non-refundable, prepaid monthly Personal Assistance subscription includes the reflected number of calls ("Available Calls"). For billing purposes, each call includes the initial call to resolve a unique question or problem and any follow up calls required to resolve this same question or problem (each, a "Call Event"). The determination of whether a given call relates to a previous call and should be considered in the same Call Event will be made by Vendio in its discretion. During each monthly billing cycle, you will be billed (a) your pre-paid monthly subscription fee for the coming billing cycle plus (b) the product of (i) the number of calls made that exceeded your Available Calls in the previous billing cycle, multiplied by (ii) the additional call billing rate reflected in your current plan. Calls are billable in the monthly billing cycle during which the initial request occurred, even if full resolution does not occur until the following monthly billing cycle. Upon plan cancellation, you will be billed the product of (i) the number of calls made that exceeded your Available Calls up to the cancellation in the billing cycle, multiplied by (ii) the additional call billing rate reflected in your current plan.
iii. Vendio Gallery Fees: Upon activation, you will
be billed the full monthly subscription fee for the Vendio Gallery. At
the beginning of your next monthly billing cycle, Vendio will charge
the applicable non-refundable, prepaid monthly Gallery fee. Vendio
will also credit your account a pro-rata monthly subscription amount
from your prior month to adjust your billing for the initial partial
month. Pro-rata credits will not be provided for plans cancelled prior
to the first full month billing cycle.
Example:
If you sign up for Vendio Gallery Gold approximately halfway through your billing cycle, your statement will reflect (in addition to any additional "Imported Item" charges):
| Sign-up date (May 15): |
Gallery Premium 200 Subscription |
$7.00 |
| Monthly billing cycle date (May 30): |
Gallery Premium 200 (adjusted) |
$3.50 |
Note, this adjusted amount includes the monthly fee of $7.00 - the pro-rata subscription credit of $3.50
Each non-refundable, pre-paid monthly Gallery subscription includes the reflected number of included items imported to your personal Gallery database ("Included Imported Items"). For billing purposes, Vendio will capture all existing eBay auctions, eBay fixed price items, and eBay Stores items during Gallery activation (each an "Imported Item"). Additionally, we will continue to add new items listed to eBay during the monthly billing cycle to your Gallery database as Imported Items. For billing purposes, each unique listing (including 30 day renewals of eBay Store Good Till Cancelled items) counts as an Imported Item, and a Dutch Auction or multiple quantity fixed price listing would count as a single Imported Item. During each monthly billing cycle, you will be billed (a) your pre-paid monthly Gallery subscription fee for the coming billing cycle plus (b) the product of (i) the number of Imported Items that exceeded your Included Imported Items in the previous billing cycle, multiplied by (ii) the additional Imported Item billing rate reflected in your current plan.
Examples (assuming Gallery Premium 200 plan):
100 Imported Items in previous billing cycle: $7.00
250 Imported Items in previous billing cycle: $7.00 + $0.03 * (250-200) = $7.00 + $1.50 = $8.50
Upon plan cancellation, you will be billed the product of (i) the number of Imported Items that exceeded your Included Imported Items prior to the cancellation in the billing cycle, multiplied by (ii) the additional Imported Item billing rate reflected in your current plan.
iv. Vendio Reviser Fees.Upon activation, you will be
billed the full monthly subscription fee for the Vendio Reviser. At the
beginning of your next monthly billing cycle, Vendio will charge the
applicable non-refundable, prepaid monthly Vendio Reviser fee. Vendio
will also credit your account a pro-rata monthly subscription amount
from your prior month to adjust your billing for the initial partial
month. Pro-rata credits will not be provided for plans cancelled prior
to the first full month billing cycle.
Example: If you sign up for Vendio Reviser 100 approximately halfway through your billing cycle, your statement will reflect (in addition to any additional "Revised Item" charges):
Sign-up date (May 15): Reviser Gold Subscription - $10.00
Monthly billing cycle date (May 30): Reviser 100 Subscription (adjusted) - $5.00
Note, this adjusted amount includes the monthly fee of $10.00 - the pro-rata subscription credit of $5.00
Each non-refundable, pre-paid monthly Vendio Reviser subscription includes the reflected number of included eBay auction and fixed price items you actually revise using the Vendio Reviser ("Included Revised Items"). For billing purposes, Vendio will capture all eBay auctions and eBay fixed price items revised during the month ("Revised Items"). A single live eBay item revised multiple times is only counted as a single Revised Item. Vendio Reviser includes unlimited eBay Stores item revisions in any Vendio Reviser subscription. During each monthly billing cycle, you will be billed (a) your pre-paid monthly Vendio Reviser subscription fee for the coming billing cycle plus (b) the product of (i) the number of Revised Items that exceeded your Included Revised Items in the previous billing cycle, multiplied by (ii) the additional Revised Item billing rate reflected in your current plan.
Examples (assuming Vendio Reviser 100 plan):
90 Revised Items in previous billing cycle: $10.00
120 Revised Items in previous billing cycle: $10.00 + $0.15 * (120-100) = $10.00 + $3.00 = $13.00
Upon plan cancellation, you will be billed the product of (i) the number of Imported Items that exceeded your Included Imported Items prior to the cancellation in the billing cycle, multiplied by (ii) the additional Imported Item billing rate reflected in your current plan.
c) Switching Plans.
i. From a Grandfathered Plan to a new Vendio Platform Plan. If you switch from Sales Manager Plan to the new Vendio Platform Plan, you will no longer be eligible for your or any other Grandfathered Plan. Upon switching from a Grandfathered Plan to the new Vendio Platform plan (each a "Subscription Plan"), your new service will be activated promptly, and you will be charged for the new service upon activation. For Subscription Plans with monthly fees, (i) you will be charged a pro-rated portion of any related monthly fees for the monthly billing cycle, and (ii) you will be billed the subscription fee for future monthly billing cycles beginning on your next Billing Day, which you can find on your statement at the top right under "Billing Day."
ii. From Vendio Platform With Marketplace Management to Vendio Platform Hosted Stores Only or the Vendio Platform Basic Plan. If you switch from a Vendio Platform with Marketplace Management to a Vendio Platform Hosted Stores Only Plan or the Vendio Platform Basic Plan, your new service will be activated promptly. You will no longer be able to launch new listings or complete transactions through eBay, Amazon.com, or other marketplaces available through the Marketplace Management enabled Vendio Platform.
iii. Venue Listings "In Flight." Items posted for sale on a
venue (not your Vendio Store inventory) launched under a particular
payment plan will be completed under the fee structure and plan limits
of that payment plan regardless of plan change during the duration of
those listings. For example, if you launched a seven-day listing on
October 28th under the (discontinued but Grandfathered) Flat Rate Power
Plan and switched your plan to the Vendio Platform With Marketplace Management
Selling on October 29th, the listing closing on November 4th would
not
be included in the Sales Revenue for the billing cycle, since the
listing was launched under a plan that does not include a Sales Success
Fee. Listings you launched on October 30th or later would be calculated
as part of your Sales Revenue. Listings are tracked based on launch date
rather than the day they were scheduled using Vendio services. Listings
scheduled before a plan switch, which then launch after a plan switch,
will be subject to the fee structure of the new plan.
iv. Vendio Applications Plans. Unless otherwise
indicated, if you switch between two Application Plans each with monthly
subscription fees during a monthly billing cycle, your new plan will
take effect immediately. You will immediately be charged a pro-rated
amount for the new monthly subscription and refunded a pro-rated amount
for the old monthly subscription. During the following monthly billing
cycles until changed or cancellation, you will be charged the full
monthly amount for the newly chosen Plan. If you cancel an Vendio
Application Plan or switch to a Plan with no Monthly Fee, you will not
receive a refund for the remaining days of the current billing cycle.
a. Free Trial Waived Fees; Fees That Still Apply. During any free
trial Vendio may specifically offer at the time of the service selection
process (the "Free Trial"), Vendio will not charge you a Monthly Fee,
Annual Fee, Sales Success Fee, or other Usage Fee applicable to the
service for which the Free Trial applies. No Free Trials are implied or
offered other than as specifically outlined during service selection. In
addition, you will be subject to any fees charged by the online
marketplaces to which you launch transactions.
b. Eligibility. To be eligible for a Free Trial, you may not have
previously used the service as a Vendio user, and you must properly
register with Vendio. A Free Trial is valid only for each initial
service use by any individual or business. If Vendio reasonably believes
an individual or business has previously used the service, at its sole
discretion, Vendio reserves the right to cancel Free Trials. Free
Trials cannot be combined with each other or any other Vendio offer.
c. ZoomStream Images. The first image uploaded to an account is
free for its initial two-weeks unlimited use. Renewals of this initial
image and images thereafter will be charged the applicable initial use
or renewal fee.
d. Other Services. Vendio Free Trials are limited by the duration
and activity levels specified during the time of service selection. Free
Trials do not apply to Web Hosting domain name registration fees or
Personal Assistance Plans.
e. Completion. Once you have completed your free trial period for a
selected service by exhausting either its limited time or usage
constraints, you will be subject to its associated fees in accordance
with this Fees Policy. Any service explicitly canceled during a free
trial period will not be subject to any associated fees, however, any
future selection and use of this service will incur its associated fees
in accordance with this Fees Policy.
a. Eligibility This Referral Bonus is open to all
registered users of Vendio with a Vendio account in good standing.
b. Qualified Referrals. You will only refer Vendio to
individuals with whom you have a pre-existing personal or business
relationship and whom you believe would like to receive the Vendio
services (a "Friend"). Without limiting the foregoing, you may not
obtain names for referral from (i) group email addresses or (ii) email
mailing lists. You may not submit yourself, under any account name, for
this Referral Bonus. For a limited time, there are no restrictions on
the number of Referral Bonuses you may earn. Your Friend will only be
deemed to have been referred for the purposes of these Terms and
Conditions if your Friend, within 90 days of the referral:
- properly registers for Vendio with a valid credit card;
- consents to payment of the Referral Bonus;
- confirms his or her email address;
- has never been a Vendio user at the time of the referral; and
- uses the special referral link provided to you by Vendio (the
"Referral Link") or properly attributes the referral to you when
registering at Vendio.
c. Referral Bonus. For each Friend that you refer to
Vendio who completes the new account Referral Bonus requirements below,
we will credit your Vendio account 15% of the value of any Monthly Fees,
Annual Fees, Listing Fees, or Final Value Fees charged for your Friend's
first six months of use of Vendio Services (the "Referral Period"), less
any fee refunds, uncollected amounts, discounts, promotions, and credit
card chargebacks (the "Referral Bonus"). Each month during the Referral
Period, we will credit your account for the amount of the Referral
Bonus.
d. Referral Solicitations. You may not: (a) include the Referral
Link in an auction, (b) directly or indirectly offer any person or
entity any consideration or incentive (including, without limitation,
payment of money (including any rebate), or granting of any discount or
other benefit) for referrals to our site (e.g., by implementing any
"rewards" program for persons or entities whom you refer to our site);
(c) read, intercept, record, redirect, interpret, or fill in the
contents of any electronic form or other materials submitted to us by
any person or entity; (d) in any way modify, redirect, suppress, or
substitute the operation of any button, link, or other interactive
feature of our site; (e) make any orders or subscription requests, or
engage in other transactions of any kind on our site on behalf of any
third party, or authorize, assist, or encourage any other person or
entity to do so; (f) take any action that could reasonably cause any
customer confusion as to our relationship with you, or as to the site on
which any functions or transactions (e.g., search, order, browse, and so
on) are occurring; or (g) post or serve any advertisements or
promotional content around or in conjunction with the display of our
site (e.g., through any "framing" technique or technology or pop-up
windows), or assist, authorize, or encourage any third party to take any
such action.
e. Remedies for Your Noncompliance. If Vendio determines in its
sole discretion that you have not complied in good faith with these
terms, Vendio may, in its discretion and in addition to any other rights
and remedies it may have against you, immediately and without notice to
you, withdraw all benefits to you and your Friends including, without
limitation, by canceling or declining to credit any and all Referral
Bonuses.
f. Your Consent to Use Your Data in E-Mails. You grant to the
Vendio service your consent for it to use your name and email address
for the purposes of Referral Bonus processing. You agree not to use any
false email addresses or names.
g. Representations and Warranties. You represent and warrant to
Vendio that you have an existing business or personal relationship with
each Friend and that it is your genuine opinion that each Friend would
wish to receive the Vendio Referral Email or a Payment from you through
Vendio. By providing us with email addresses of your Friends for
transaction purposes, you are affirmatively requesting and authorizing
Vendio to send them an email, as outlined herein, on your behalf.
h. Referral Bonus Period. Vendio reserves the right to discontinue
or temporarily suspend the Referral Bonus or the ability to capture new
referrals through links or registration for any reason, at any time and
for any duration at its sole discretion, and without notice.
i. Redeeming Credit Balances. If your Referral Bonuses and other
credits are larger than your service fees and other charges, your
account may have a credit (i.e. positive) balance. While your account is
active, you may redeem any credit balance greater than $10 by contacting
customer service. Only one request and disbursement may be made during
your monthly billing cycle. If you choose to close your account, upon
request we will enable a final redemption once all fees are settled.
j. Expiration of Credit Balances. We will carry a credit balance
while your account is active and for six months after the last valid
charge on your account. Any Referral Bonus received and credit balance
not used for a purchase or withdrawn from your Vendio account will
expire after six months of inactivity.
k. Privacy. You understand that, due to privacy constraints, Vendio
will be able to offer very little information, if any, in response to
inquiries regarding the transactions that determine referral bonuses.