Vendor Terms of Service
By signing up to promote your software with us, you (the "Vendor") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to this page.
Vendor Promotions
By entering details of your promotion we expect you to make available that promotion to users of our sites through the purchase url that you supply, for one day before and one day after the date(s) that we agree upon for the promotion.
Promotions offered must be for the full product sold, and prices entered must reflect accurately current prices. Any additional products or service offered as part of the regular sale of your product must be included, this includes, but is not limited to, upgrades and support. You agree to treat any customers arising from the promotion equally as you would to your own customers.
We reserve the right to publically make available details of your promotion on our website and mailing list up to one week ahead of time, unless otherwise agreed upon.
Your standard return policy from any sale arising from the promotion must be honored.
Depending on the e-commerce system you use we may ask that you insert JavaScript tracking codes into your purchase process or supply us with IP Addresses of purchasing customers. Failure to add this code or supply the IP Addresses within thirty days of the promotion date will constitute a breach of terms.
As a vendor you agree that your products function as advertized, and are free of software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
We reserve the right to decline any offer for promotion at any time for any reason and to terminate your membership without notice.
Once a date of promotion has been agreed upon, you may not run any other discount promotion (whether free or sale) within two weeks of the promotion date(s), without prior approval from BitsDuJour.
Once a date of promotion has been agreed upon, a cancellation fee of $100 must be paid if you cancel the promotion within one week of the promotion date(s).
Vendor Payment
If the e-commerce system that you use to sell your products supports it; you agree to sign us up as an affiliate of the e-commerce system at the percentage return indicated on your product submission. You agree to let this agreement continue to run for at least one months after the promotion date.
If your e-commerce system does not have an affiliate system, or does not automatically pay affiliates, you agree to pay us the commission on sales no later than thirty days after the promotion date at the percentage return indicated on your product submission after any e-commerce fees have been calculated.
Vendor Conduct
In addition, you agree not to use the Service or the Site to:
- Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
- Use automated scripts to collect information from or otherwise interact with the Service or the Site.
- Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your company.
- Intimidate or harass another.
Proprietary Rights in Site Content
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE.
Governing Law
By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.