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XMLShop Vendor Program Terms and Conditions

These XMLShop Vendor Program Terms ("Terms") are entered into by the Customer (Vendor) signing the XMLShop Service Application/Agreement form that references these Terms. These Terms govern the participation in the XMLShop Vendor Program (the "Program") and any and all interactions between the Customer and XMLShop. These Terms and the Service Application/Agreement are collectively referred to as "The Agreement." XMLShop and the Customer agree and acknowledge the following:

Program Participation. Participation in the Program is subject to XMLShop's prior approval and the continued compliance with the Terms found here. These Terms are subject to change and it is the Customers responsibility to stay up to date with any and all changes that may occur. XMLShop reserves the right to refuse any applicant or cancel the agreement with the Customer at any time in XMLShop's sole discretion. In addition, XMLShop reserves the right to investigate any activity by the customer that is prohibited in this Agreement. By signing the Agreement, The Customer is agreeing to XMLShop loading the Customers product list, and selling it through any and all channels at XMLShop's discretion. Furthermore the Customer agrees that there will be a sale fee for each order received through XMLShop, the sales fee will be the agreed percentage found on the XMLShop Service Application/Agreement formed signed by the customer.

Implementation and Operation of Product Information and Orders. The Customer agrees to comply with the specifications provided by XMLShop to enable correct information about products and work properly on all channels that XMLShop chooses. The following specifications must be adhered to:

Service Level Agreement. Upon the Agreement the Customer will maintain a pre-shipped cancellation percentage of below 1%. A "Pre-shipped Cancellation order" occurs when the Customer has failed to update their inventory with XMLShop, resulting in cancellation of incoming orders due to items not being in stock. This will be calculated by taking the number of pre-shipped cancellation orders in one month and dividing it by the total number of orders (including pre-shipped cancellation orders) occurring in the same month. This will also be calculated for the following orders:

Payment. The Program issues payment to the vendor first for each order that comes through the XMLShop system. Payment is to be issued from the Customer to XMLShop at the end of every month, for the agreed upon sales fee percentage. This payment must be received by XMLShop by the 10th of every month for the preceding month's sales activity occurring through the XMLShop System. XMLShop reserves the right to suspend and/or cancel the Program until said payment is received.

Publicity. The Customer through this Agreement allows XMLShop to use the Customer's logo, product information, and sales records through the XMLShop system for the following; presentations, marketing material, and financial reports.

Guarantee. XMLShop makes no guarantee regarding the level of impact the Program will have on the Customer's sales revenue. In addition, for the avoidance of doubt, XMLShop does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of the Customer's equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond XMLShop's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where XMLShop or the Customer's servers are located or co-located.

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