Zome Apparel
E-Store Agreement
This Agreement (the “Agreement”) is entered into by and between Zome Apparel, LLC a Washington Limited Liability Company, located at 316 W. Boone Ave Suite 670 Spokane, WA 99201, (hereafter referred to as “Zome”), and ______________________________, a _____________________________, located at _____________________________________________________(hereafter referred to as “Customer”). Zome and Customer are hereinafter jointly referred to as the “Parties”. Zome is in the business of building Online Apparel E-Stores for all entities that wish to have an On-line Apparel E-Store. Zome owns and maintains all the websites at the addresses listed below: www.Estoresbyzome.com www.Boisestateclothing.com www.Goidahovandals.com www.Zomecollegeapparel.com www.Vandalcollegeshop.com www.Uwhuskyclothing.com www.Udubhuskies.com www.Montanagrizzlyclothing.com www.Customweddingclothing.com www.Politicalwearables.com www.Ultimategreekshop.com www.Starsinthemaking.com www.Zomeapparel.com www.Gonzagaapparel.com www.Wsuclothing.com www.Zomegreekapparel.com www.Mycollegeteams.com www.Uwhuskyapparel.com www.Oregonstateclothing.com www.Boisestateclothing.com www.Mycampaignshop.com www.Ultimatecollegeshop.com www.Zomedesign.com
All “Custom Apparel E-Stores” reside within our website, and remain the property of Zome. Based upon the mutual agreement contained herein, parties hereby agree to the following: Custom Apparel E-Store: Zome hereby agrees to set up Customer’s “Custom Apparel E-Store” site within www.estoresbyzome.com upon which garments can be sold and distributed for NO FEE. The E-store includes: Design, programming, product selection, product colors, product pricing, site fees, site maintenance, site advertising and re-creation of screen printed, embroidered and tackle twill logos as desired. The required time to create an E-Store is 15 working days once all the required information is received.
The following is needed to get the process started: A signed contract and W-9 if required. A paragraph about the business or entity. Receipt of your logos for the desired application. The product category for the E-Store. The five primary colors for the product selection. Pricing formula: (check the line) 1. __ Formula #1 ~ 15% Embroidery/Tackle Twill 30% Screen Print 2. __ Formula #2 ~ 15% Embroidery/Tackle Twill 15% Screen Print 3. __ Formula #3 ~ No commission Once the site is complete a notice will be emailed to you by your sales representative providing you with the following: The URL link to link to place on your web site. Your username and password to review your backend reports. A 30 day 15% welcome promo discount code to provide to all your customers to visit the site. (This discount code does not apply to Formula #3). A 60 day 30% welcome promo discount code to provide to your Staff and Coaches for all Elementary, Middle School and High School. (If this promo is used commissions are forfeited for all products ordered under this Promo). Elementary Schools / Middle Schools will receive a $200.00 gift certificate for samples (available 1 time per school year). Good for 30 days from the notice the E-store is complete. Production: All products are manufactured through contract screen printing and embroidery companies that hold a strict confidentiality to the information we provide them. All products will ship within 14 days of the time you receive your e-mailed confirmation. Updates / Edits: You can add or delete any of your products or logos anytime during the year. Please understand that an edit does take up to 10 working days to process the request. Commission: If you choose this option (formula #1 or #2) you will receive a commission of 15% to 30% of the retail price on all products sold via the “E-Store” not including shipping or tax. Bulk purchases made through your Account Representative do not apply for a commission back. Commission will be paid to customer monthly, on the 20th of the following month for the prior month, accompanied by a report of sales. Zome does not guarantee or promise the Customer will make revenues or profits from their E-Store. Customer’s success will be totally dependent upon the receptiveness of the marketplace and their marketing of the E-Store.
4. Internal Products: Zome has no problem with the customer putting their own internal products that they purchase from other venders on their e-store but the following commission structure applies. Customer to receive 75% back on the MSRP price + shipping. Zome to receive 25% of the MSRP price + sales tax (if applicable). Customer to provide quality digital pictures (per Zomes specifications) for Zome to upload onto the site. Customer to provide MSRP for the price on the site. If an order comes in, you will be notified by email, and you will need to process the order, ship it and inform Zome as to when the products shipped with a tracking number. Your 75% + shipping will be applied to your next months commission check. 5. Notices: Either party may terminate this agreement at any time by providing a written notice and mailed by USPS to the addresses within this contract. The E-Store will be unpublished within 15 working days from the mailed date. 6. Promotions: Zome Apparel offers promotions for the customer to pass on to their clients or employees throughout the year. At any time the customer can create a promotion and email to the Account Representative for review from the company. If the promotion is accepted (some promotions can or may reduce the commission down based on the promotion) the Account Representative will contact you with all the details. 7. Indemnification: Each Party to this agreement shall indemnify and hold harmless the other Party (including the Party’s directors, officers, employees, and agents) from any claim, demand, loss, liability, damage or expense, including court costs and attorneys fees, arising from their respective performance or non-performance under this agreement. 8. Compliance with Laws and Regulations: Customer and Zome agree that in their respective performance of this agreement and in their activities related thereto, they will comply fully with any and all applicable laws, rules, and regulations adopted or promulgated by any local, state or federal agency or regulatory body. The Parties stipulate and agree that this agreement does not constitute a franchise or business opportunity as regulated by statute or regulations, and this agreement will not be construed in a manner, which may cause it to be classified as a franchise agreement or business opportunity agreement. 9. Attorneys Fees and Costs: In any legal proceeding or any other dispute resolution proceedings arising from this agreement, the prevailing Party shall be entitled to recover its costs and reasonable attorney’s fees from the non-prevailing Party. 10. Choice of Law: Under any dispute with this agreement or related to this agreement shall be decided in accordance with the laws of the State of
Washington. 11. Entire Agreement: This Agreement embodies the entire agreement between the Parties as to the subject matter herein, and no oral representation or promises have been made by either party. 12. Amendments: This agreement may be supplemented, amended or revised in writing only by agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this agreement on the last date shown below: Zome Apparel 316 W. Boone Ave Suite 670 Spokane, WA 99201 Phone: _______________________ Email: _______________________ Customer E-Store Name: ____________________________ Contact Name: ____________________________ Address: _________________________________ City, St, Zip: _____________________________ Phone: __________________________________ Email: __________________________________ Signature: ______ ___ Date: ______________
Signature: Date_____________