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FoldedColor Reseller Program Terms & Conditions


THE FOLLOWING AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO AN INDIVIDUAL OR COMPANY’S PARTICIPATION IN THE FOLDEDCOLOR RESELLER PROGRAM (THE “PROGRAM”). PER THIS AGREEMENT, “FOLDEDCOLOR” REFERS TO THORO PACKAGING d/b/a FOLDEDCOLOR, HAVING ITS PRINCIPAL OFFICE AT 1461 RAILROAD STREET, CORONA, CALIFORNIA 92882, AND “RESELLER” REFERS TO THE PROGRAM APPLICANT. THESE TERMS ARE AN ADDENDUM TO THE FOLDED COLOR WEBSITE TERMS AND CONDITIONS OF USE (“WEBSITE TERMS”), IN PARTICULAR THE LIMITATIONS ON LIABILITY AND ARBITRATION AGREEMENT. BY USING THE PROGRAM OR SITE, YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS AS WELL.

1.    Membership in the Program
To begin the enrollment process, the Reseller will express interest to FoldedColor to join the Program by filling out the Reseller Program web form, and provide the appropriate Resale Certificate or Uniform Sales and Use Tax Certificate. If you will be shipping jobs to California, please send us a California Resale Certificate to avoid tax charges.

FoldedColor will evaluate the Reseller in good faith and will notify Reseller of membership acceptance or rejection. FoldedColor may reject Reseller if FoldedColor determines (at its sole discretion) that Reseller is unsuitable for the Program.

Unsuitable Resellers may include those that:
a. Promote or engage in discrimination, unethical practices or illegal activities
b. Include “FoldedColor” or variations or misspellings thereof on their website, social media accounts or in their domain names or otherwise misuse or infringe FoldedColor's intellectual property rights
c. Violate intellectual property rights of others
d. Do not, in FoldedColor’s discretion, possess sufficient resources, acumen, or know-how to effectively serve as a Reseller

If FoldedColor rejects Reseller application, Reseller is welcome to reapply to the Program at any time. Furthermore, if FoldedColor accepts Reseller application and Reseller is thereafter determined (in FoldedColor’s sole discretion) to be unsuitable for the Program, FoldedColor may terminate this Agreement without notice.

2.    Order Processing
FoldedColor will process product orders placed by Resellers with FoldedColor. FoldedColor reserves the right to reject orders that do not comply with requirements that FoldedColor periodically may establish. FoldedColor will be responsible for all aspects of order processing and fulfillment, including but not limited to, order production, payment, cancellations and returns processing, and handle customer service.

3.    Information Collection
Reseller acknowledges that, by participating in FoldedColor Reseller Program, FoldedColor may receive information from or about Reseller’s clients or communications between Reseller and those clients. Reseller’s participation in the Program constitutes Reseller’s specific and unconditional consent to, and authorization for, FoldedColor’s access to all such information.

Further, Reseller acknowledges and agrees that Reseller will:
a. Not use any data, images, text, or other information (“content”) obtained from FoldedColor or FoldedColor’s Website without express written consent (“approved”) from FoldedColor.
b. Not modify or alter any approved content that consists of a graphic image, other than to resize it.
c. Not use any approved content in a manner intended to send sales to any website or company other than FoldedColor.
d. Promptly remove any approved content that is no longer displayed on FoldedColor’s website or that FoldedColor notifies Reseller is no longer available for Reseller’s use.


4.    Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of FoldedColor. Accordingly, all of FoldedColor’s rules, policies and operating procedures as contained in FoldedColor’s Terms and Agreements will apply to those customers. FoldedColor will determine the prices to be charged for products sold under this Program in accordance with FoldedColor’s own pricing policies. Product prices and availability may vary from time to time, and may change without warning. FoldedColor will make reasonable efforts to present accurate information, but FoldedColor cannot guarantee the availability or price of any particular product.

5.    Discount, Coupons, and Special Promotions
Upon membership acceptance, FoldedColor will provide Reseller with bronze level pricing, thereby enabling immediate discounts for all (“qualifying revenues”). Qualifying revenues are determined by FoldedColor from sales of qualifying products available on FoldedColor’s website. Qualifying revenues do not include shipping & handling fees, design fees, and taxes. Pricing discounts and benefits increase as Reseller sales volumes with FoldedColor increase. From time to time, FoldedColor may offer special coupons or (“promotions”), and reserves the right to exclude use of certain promotions by all Resellers, or specific Reseller levels.

6.    Identifying as a Reseller
Reseller may not make any press release or other public statement with respect to this Agreement or Reseller’s participation in the Program, or imply any relationship or affiliation between FoldedColor and Reseller, without FoldedColor’s express written consent. Reseller has no authority to incur obligations on behalf of FoldedColor.

7.    Term of the Agreement
The term of this Agreement will begin upon FoldedColor’s approval of Reseller’s Program Application and will end when terminated by either party. Either party may terminate this Agreement at any time upon notice to the other party.

8.    Modification
FoldedColor may modify any of the terms and conditions contained in this Agreement, at any time and in FoldedColor’s sole discretion, by posting a new agreement on FoldedColor’s website thirty (30) days in advance of such change. Modifications may include, but are not limited to, changes in the available discount percentages, payment procedures, and Program benefits. If any modification is unacceptable to Reseller, Reseller’s only recourse is to terminate this Agreement. Reseller’s continued participation in the program following FoldedColor’s posting of a new agreement on FoldedColor’s website will constitute binding acceptance of the change.

FoldedColor may modify or discontinue its reseller program at any time in its sole discretion.
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