Effective January 1, 2017
1. Partners and MySwag.ca in General
(a) The General Terms and Conditions of MySwag.ca are incorporated to this agreement by reference.
(b) This agreement governs the establishment, on-going operation, promotion, and maintenance of an online, custom merchandise interface ("shop") and the use of MySwag.ca’s online design marketplace ("marketplace") whereby the user (the "Partner") may create or market designs or products for sale using the site and service provided by MySwag.ca ("MySwag.ca").
(c) The Partner is entering into an agreement to work with MySwag.ca to create a standard shop to offer promotional apparel to Partner's customers, that is created and fulfilled by MySwag.ca. Standard shops feature static products that the Partner selects (for example, by combining new or existing designs available on the MySwag.ca platform with blank MySwag.ca products like t-shirts), and which end customers cannot customize. The resulting goods are the printed or embroidered on MySwag.ca blank products, and for the completed sales of these, the Partner receives the difference between the MySwag's selling price to the Partner, and the Partner's selling price to the end customer per Section 5 of this agreement.
(d) MySwag.ca may change these terms from time to time. If MySwag.ca makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use MySwag.ca's site and service. If you disagree with any amendments, you must stop using MySwag.ca's site and service.
(e) This agreement's terms apply retroactively to all Submitted Content that the Partner submitted to MySwag.ca's site and service prior to this agreement's effective date.
2. Use of Submitted Content
(a) The Partner hereby permits MySwag.ca to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sell, and distribute any and all Submitted Content and designs (including associated information such as tags) that the Partner submits, posts or displays on or through a shop or the site and service. The Partner expressly consents that MySwag.ca may distribute Submitted Content in its own shops and the shops of MySwag.ca's corporate affiliates, in shops of third-party Partners, or via any other channels of external marketplace distribution that currently exist or that may later exist (such as Amazon.com, eBay, etc.), and that the Partner's sole means of compensation therefor is the pricing schedule Section 5 below. The Partner acknowledges that external marketplace distribution may place additional restrictions on pricing, advertising, intellectual property rights, and other matters, subject to the terms and conditions of those third-party distribution channels. The Partner may be able to restrict MySwag.ca's use of Submitted Content, including external marketplace distribution, by selecting various options within the user settings area provided by MySwag.ca ("Partner Account").
(b) MySwag.ca may use the Partner's Submitted Content for advertising purposes in any and all media now existing or later arising, including for up to six months after the termination of this agreement if these advertisements already existed or were in development before the Partner terminated this agreement. When reasonably possible, MySwag.ca will link all such depictions to the Partner's shop.
(c) Title to intellectual property rights (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.) to a print design provided by the Partner remain with the Partner.
(d) The Partner may terminate this agreement by removing Submitted Content via the Partner Account, or by terminating this agreement according to its terms. If either party terminates this agreement, any products that have already been ordered prior to termination and that would be affected by such a termination will continue to be fulfilled. Due to technical and practical limitations, Submitted Content may remain on MySwag.ca's site and service for several days following removal or termination, and if Submitted Content is being used by other MySwag.ca Partners, removal may be delayed for up to two weeks to allow those Partners to make other arrangements for the soon-to-be missing content.
(e) Nothing in this agreement is to be construed to impose a duty upon MySwag.ca to use or exploit Submitted Content in any way. MySwag.ca may remove Submitted Content, shops or parts thereof, or any other functionality of the site and service at any time in its sole discretion for any reason or no reason, with or without notice to the Partner, and MySwag.ca is not liable to the Partner for such acts or their consequences, even if foreseeable and even if MySwag.ca is specifically advised of them in advance.
3. Submitted Content Rules
(a) The Partner is solely responsible for the content (e.g., URLs, print designs, images, slogans, background images, text, tags, descriptions, etc.) uploaded, or otherwise added through the MySwag.ca interface, to a shop or products (collectively "Submitted Content").
(b) The Partner guarantees that the Submitted Content was either created by the Partner or that the Partner is otherwise the owner or authorized licensee of all necessary rights in and to the Submitted Content (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.), necessary to effect the intent of this agreement. MySwag.ca may demand written evidence of such authorization at any time.
(c) The Partner guarantees that, to the best of the Partner's knowledge, no Submitted Content infringes the rights of any third parties (for example, trademark, copyright, privacy rights, publicity rights, common law, etc.).
(d) The Partner guarantees that the Submitted Content does not violate any state or federal laws, especially laws regarding the protection of minors.
(e) If the Partner violates any agreement with MySwag.ca, violates MySwag.ca's Ethical Guidelines (in MySwag.ca's sole discretion), or if third parties claim that Submitted Content infringes their rights, MySwag.ca reserves the right to remove or modify the shop or Submitted Content to address the problem; to share the Partner's contact information with the complaining third party; to withhold commissions from the Partner who uploaded the Submitted Content until the claim is resolved; and to use such commissions to offset the costs of the violation or claim for infringement in MySwag.ca's sole discretion.
(f) If MySwag.ca believes, in its sole discretion, that Submitted Content is wrongfully used, obviously misappropriated, or likely to create any risk for MySwag.ca, then MySwag.ca reserves the right to remove, limit, or modify the Submitted Content or service provided to the Partner to address the perceived risk.
(g) The Partner must immediately inform MySwag.ca in writing if the Partner receives claims alleging that its Submitted Content infringes third-party rights.
4. Contact and Other Information
MySwag.ca may require the Partner to provide certain information via the Partner Account (for example, name, mailing address, email address, payment information, etc.). Failure to provide complete, accurate, and up-to-date information in the Partner Account may result in the shop or other Submitted Content not being published for end customers, the stopping of orders, and potentially the immediate cancelation of the shop or other Submitted Content and the withholding of any existing commissions until complete, accurate, and up-to-date information is provided.
5. Payment of the Partner
(a) The Partner will receive the difference of the selling price, and the item cost less a processing fee of $0.30 plus 2.9% of the transaction amount credited to the Partner's account.
(b) Shipping fees and taxes for the negotiated costs are withheld by MySwag.ca, and only the difference and tax on that difference is credited to the Partner
(c) Partner is responsible to sales tax of the net difference of the transaction.
(d) Funds are available for withdraw, 30 days after the transaction was completed by the customer, and if available funds is greater than $100 CDN.
(e) Withdrawl can be done by
(i) Electronic Funds Transfer: $1.50 service fee applies
(ii) Cheque: $5.00 service fee applies
(iii) PayPal: No service fee applies
(f) The Partner is responsible for providing MySwag.ca with its current, valid payment details.
(g) The Partner acknowledges that MySwag.ca may file certain documents with Revenue Canada in order to comply with applicable law. However, the Partner agrees that MySwag.ca is not liable for the consequences of any such filing; is in no way responsible for collecting, reporting, or remitting any taxes arising from or relating to the Partner's own income relating to these commissions; and that MySwag.ca has no duty to maintain records for the Partner's benefit, including for the Partner's tax purposes.
(h) If the Partner fails to provide valid information described in paragraph 5(f) above, and does not respond to requests for valid information within a one-year period starting from the first message sent by MySwag.ca asking for valid information, then the Partner waives all rights and claims to unpaid commissions remaining in its account.
6. Use of the Shop by the Partner
(a) MySwag.ca makes a white-label shop site available to the Partner (for example, via a MySwag.ca URL), but the Partner may publish or embed the shop on its own website. In that case, the shop is published via an electronic reference ("link") provided by MySwag.ca, which the Partner embeds in his website and which refers to its shop. The Partner must use the link and website generated by MySwag.ca without any changes. In particular, the Partner may not change MySwag.ca's advertisements, branding, terms and conditions, or other similar content.
(b) The Partner agrees that it does not have and will not earn, through use of the site and service, any ownership, interest, or other rights in the URLs provided by MySwag.ca, any designs or interfaces implemented by MySwag.ca which the Partner uses or requests, or any rank or placement on search results generally (for example, as a result of search-engine optimization efforts by the Partner).
7. Contractual Relationships, Service, & Order restrictions
(a) Customers purchasing products are customers of MySwag.ca. This relationship between customers and MySwag.ca is independent of any possible relationships and contracts between the Partner and the customer who may visit other websites of the Partner. Thus, all customer orders, customer service, and related matters are governed solely by the rules, guidelines, and business practices of MySwag.ca.
(b) MySwag.ca is responsible for all processing and execution of orders. To that end, MySwag.ca creates order forms, books payments, processes cancellations and returns, and is solely responsible for customer service.
(c) MySwag.ca may reject any orders which do not meet its requirements, and may reject orders from customers who are known for not being credit-worthy or show as being a credit risk.
8. MySwag.ca's Right to Change Services
MySwag.ca may change the Shop Administration system, shop offerings, product offerings, guidelines, base product prices, general pricing, availability, business operations, and order processing at any time.
9. Sales Reports
MySwag.ca facilitates all sales made in shops and provides the Partner with a summary of its sales statistics. MySwag.ca may modify the form and content of this information at any time in its sole discretion.
10. Term and Termination
This agreement continues indefinitely until it is terminated by either party. Partners may terminate by deactivating their shops in the Partner Account provided online by MySwag.ca. MySwag.ca may terminate this agreement effective immediately if the Partner violates any term, or the spirit of any term, of this agreement and may also terminate at any time, for any reason or no reason, effective immediately, by notifying the Partner via the email address provided in the Partner Account.