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Vermont Teddy Bear Company Affiliate Program Agreement

 

This Affiliate Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation in the Vermont Teddy Bear Affiliate Program and the establishment of links from your web site to the Vermont Teddy Bear web site located at "www.Vermont Teddy Bear.com"(the “Web Site”). This agreement also contains the complete terms and conditions that apply to designated e-mail participants. You may also be referred to herein as "PARTICIPANT", "You" or "Party." Vermont Teddy Bear may also be referred to as "Vermont Teddy Bear.com," "We" or "Us."

1. The Affiliate Program:

(a) As a PARTICIPANT, we will make available to you via the Web Site a variety of graphic, product, textual and other links as determined by Vermont Teddy Bear (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms and conditions of this Agreement, you may display as often and in as many areas of your web site as you desire. The Links will serve to identify your site as a PARTICIPANT of our Affiliate Program and will establish a link from your site to the Web Site for your participation in the Affiliate Program. You agree that you will display on your Web Site only those Links that are provided to you by Vermont Teddy Bear through LinkShare Corporation.
(b) To commence the process of enrolling as a PARTICIPANT in the Affiliate Program, you will submit an Enrollment Application via our Web Site or as otherwise authorized by Vermont Teddy Bear. We will evaluate your application and notify you of your acceptance or rejection; which determination shall be in our sole discretion.

2. Term:

(a) This Agreement is conditioned upon and will become effective on Our acceptance of Your Enrollment Application and your acceptance of the terms of this Agreement. By joining or participating in the Affiliate Program You are acknowledging that You have read this Agreement and are agreeing to abide by all the terms of this Agreement, which may be amended from time to time at the sole discretion of Vermont Teddy Bear. We will notify You of any amendment by e-mail, and Your continued participation in the Affiliate Program after such notice is sent via E-mail shall constitute your binding and legally enforceable agreement to such amendment and acceptance of the Agreement as amended.
(b) Either party may terminate this Agreement without prior notice and at any time, with or without cause, by giving the other party notice of termination via letter or e-mail. The first twelve months following the date this Agreement becomes effective and every twelve months thereafter that this Agreement remains in full force and effect are each a "Term Year". You fully understand that this Agreement creates legally binding obligations on Your part. At such time that the agreement is terminated, You agree to immediately remove all links and references to Vermont Teddy Bear on Your web site. If You are a designated e-mail PARTICIPANT, you will stop all e-mail campaigns upon termination of Your participation in Our Affiliate Program.
(c) PARTICIPANT is only eligible to earn commissions on sales which are completed during the term of this Agreement, and commissions earned through the date of termination will be payable only if the related purchases are not canceled or returned. Vermont Teddy Bear may withhold PARTICIPANT'S final payment for a reasonable time to ensure that the correct amount is paid.

3. Commissions/Products/Customers:

(a) Qualifying Sales and Commissions: For products that are purchased by consumers upon linking to the Web Site directly from your web site, or other approved promotional tools (e.g. emails), utilizing a URL(s) approved by Vermont Teddy Bear and for which Vermont Teddy Bear has delivered the ordered products and received full payment (each a "Qualifying Purchase(s)"), PARTICIPANT will receive the following commission which will be based on "Net Sales" of Qualifying Purchase(s): A) a 10% commission on all monthly Net Sales unless otherwise indicated by Us. "Net Sales" is defined as the gross sales price of a Qualifying Purchase less taxes, service charge, shipping and handling charges, and promotional discounts. Sales made through our telephone counselors or made through direct link to Our web site (not through the affiliate link) are not qualified sales. Commissions shall not be calculated on declined orders, rejected credit card transactions, or returns. PARTICIPANTS are responsible for inserting a tracking code in the manner designated by Vermont Teddy Bear to ensure accurate tracking of Qualifying Purchases.
(b) Payment Schedule: Vermont Teddy Bear will pay you or cause you to be paid, through LinkShare Corporation, within thirty (30) days after the end of each calendar month in accordance with the above mentioned commission structure provided total commissions due to you for such month exceed Twenty-Five Dollars ($25). The check (or other alternate payment method as selected by Vermont Teddy Bear) will be for the applicable commission (less any taxes required to be withheld pursuant to applicable law). For any calendar month in which your commissions do not exceed $25, Vermont Teddy Bear shall have the option to pay same or to withhold such payment and add such commissions to the next calendar month for which you are entitled to receive a commission payment.
(c) Returns and Cancellations: If a product for which a commission has been paid is subsequently returned by the customer, We will, at our option, deduct the previously paid commission from Your next commission payment or bill You directly. No returns are calculated unless the product is shipped back to Us and we have proof of delivery.
(d) Sales Statistics Access: You will be given a user name and password that will enable you to receive your sales statistics on a reasonable basis. All payment inquiries must be directed to LinkShare Corporation. No commission shall be paid if the sale cannot be tracked using Our affiliate management system.
(e) Product Prices and Availability: Vermont Teddy Bear is solely responsible for determining the price charged for every Product sold under the Vermont Teddy Bear Affiliate Program. Product prices may vary from time to time for various reasons, including suppliers' price increases and special discounts offered by Vermont Teddy Bear. PARTICIPANT may not specify Product selection or Product prices on their web sites. Product availability changes frequently, and Vermont Teddy Bear will present the best information available to it regarding Product availability. Vermont Teddy Bear cannot, however, guarantee the availability or price of any Product.
(f) Product Descriptions: Partner will only use Product descriptions provided or approved in writing by Vermont Teddy Bear.
(g) Vermont Teddy Bear Customers. Customers who purchase Products through the Vermont Teddy Bear Affiliate Program are customers of Vermont Teddy Bear. PARTICIPANT has no authority to make or accept any offer on behalf of Vermont Teddy Bear. All Vermont Teddy Bear policies regarding customer orders, including Product availability and pricing and problem resolution, will apply to these customers. PARTICIPANT has no authority to make, and Vermont Teddy Bear is not responsible for, any representations made by PARTICIPANT which contradict these policies.

4. Legal Compliance; Representations and Warranties:

PARTICIPANT shall operate its web site, conduct any promotional and advertising activities (e.g., e-mail campaigns run by designated PARTICIPANTS), and render its services in compliance with all applicable federal, state, and local laws, rules and regulations, and PARTICIPANT will be solely responsible for obtaining all required governmental authorizations necessary for its web site and the full performance of its services as provided for under this Agreement. PARTICIPANT hereby further represents and warrants that:

  • if a corporation, it is a corporation duly organized and validly existing and in good standing under the laws of the state of your incorporation;
  • it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
  • it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;
  • its web site, promotional activities, and the services to be rendered by PARTICIPANT under this Agreement neither infringes nor violates any patent, copyright, trade secret, trademark, or other proprietary or privacy right of any third party;
  • this Agreement has been duly and validly executed, accepted and delivered by PARTICIPANT and constitutes its legal, valid and binding obligation, enforceable against PARTICIPANT in accordance with its terms;
  • the execution, acceptance, delivery and performance by PARTICIPANT of this Agreement, and its consummation of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate
  • o any provision of law, rule or regulation to which it is subject,
    o any order, judgment or decree applicable to PARTICIPANT or binding upon its assets or properties;
    o any provision of PARTICIPANT'S by-laws or certificate of incorporation, or
    o any agreement or other instrument applicable to PARTICIPANT or binding upon its assets or properties;
  • PARTICIPANT is the sole and exclusive owner of PARTICIPANT'S Marks, as defined herein, and has the right and power to grant Vermont Teddy Bear the license to use PARTICIPANT'S Marks in the manner contemplated herein, and such grant does not and will not
  • o breach, conflict with, or constitute a default under any agreement or other instrument applicable to it or binding upon its assets or properties, or
    o infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any person or entity;
  • no consent, approval, authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by it in connection with the execution, delivery, and performance of this Agreement, or the taking by it of any other action contemplated hereby;
ix. there is not pending, or to the best of PARTICIPANT'S knowledge, any threatened claim, action, or proceeding against PARTICIPANT, or any of its affiliates, with respect to the execution, delivery or consummation of this Agreement, or with respect to its Marks, and, to the best of its knowledge, there is no basis for any such claim, action or proceeding and x. PARTICIPANT will fully comply with all federal, state, and local laws, rules and regulations applicable to Privacy and applicable to the sending of unsolicited commercial emails (SPAM), telemarketing, direct mail, and other communications to consumers and other third parties. PARTICIPANT shall ensure that its web site accurately and adequately discloses, either through a privacy policy or otherwise, how it collects, uses, stores, and discloses data from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers, and how consumers and other third parties may limit any such disclosure or communication.xi. Designated e-mail campaign PARTICIPANTS that conduct e-mail campaigns on behalf of Vermont Teddy Bear will fully comply with the federal Can-Spam Act of 2004 and all its provisions therein. In addition, the PARTICIPANTS will make ISP and IP information available to Us upon request as well as show Us how those on the e-mail list have registered or opted-in to the list.

5. Maintenance; Representations and Warranties:

(a) PARTICIPANT shall monitor and periodically test the general availability and operation of its web site. PARTICIPANT represents and warrants that its web site will perform adequately so that customers will be able to shop for Vermont Teddy Bear’s products.
(b) PARTICIPANT is solely responsible for the development, operation and maintenance of its web site and for all everything that appears on PARTICIPANT'S web site. Such responsibilities include, but are not limited to, the technical operation of PARTICIPANT'S web site; the accuracy and propriety of all materials and content posted on PARTICIPANT'S web site; and ensuring that materials and content posted on its web site will not
  • violate any laws, rules or regulations;
  • violate or infringe upon the rights of any third party including, without limitation, copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy;
  • be lewd, pornographic, sexually explicit, or obscene;
  • violate any laws regarding unfair competition, anti-discrimination or false advertising;
  • promote violence or contain hate speech, contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious program routines; or be libelous, harmful, threatening, abusive, harassing, defamatory, derogatory or otherwise illegal or objectionable to Vermont Teddy Bear;
  • be a homepage or a personal website created through free webspace offered by third parties;
  • use or promote promotion codes, coupon codes or any discount offers unless specifically authorized by Vermont Teddy Bear;
  • contain promotional materials about Vermont Teddy Bear or the Affiliate Program unless specifically authorized by Vermont Teddy Bear; and
  • be operated in a language other than English.
PARTICIPANT shall not
  • include any of the Marks as defined in Section 8, or variations or misspellings thereof in any of Participant’s domain names or any metatags;
  • send any emails or other promotional or marketing materials which mention Vermont Teddy Bear, the Affiliate Program or the Web Site without the prior written consent of Vermont Teddy Bear
  • shall not make any press releases or other public statements regarding the Affiliate Program or Vermont Teddy Bear or the Web Site without first obtaining the express written approval Vermont Teddy Bear;
  • take any action that could reasonably cause any customer confusion as to Our relationship with You, or as to the web site on which any functions or transactions (e.g., search, order, browse, etc.) are occurring; and
  • post or serve any advertisements or promotional content around or in conjunction with the display of the Web Site (e.g., through any “framing” technique or technology or pop-up windows).
(c) Vermont Teddy Bear disclaims all liability for all matters set forth in Section 4 and 5(b). Further, PARTICIPANT will indemnify and hold Vermont Teddy Bear, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of PARTICIPANT'S web site.
(d) Vermont Teddy Bear reserves the right, in its sole discretion, to monitor PARTICIPANT'S Web Site, at any time and from time to time, to ascertain whether PARTICIPANT is in compliance with the terms of this Agreement.

6. Fulfillment: Vermont Teddy Bear will fulfill all fully paid orders for products in accordance with Vermont Teddy Bear’s customary business practices. Vermont Teddy Bear shall be solely responsible for fulfilling all orders placed by a customer as a direct result of the Links. Vermont Teddy Bear‘s products offered through the Links will be supported by the same favorable warranty and return policy for such products as offered through other Vermont Teddy Bear’s channels. Customers who purchase through the Affiliate Program are deemed to be customers of Vermont Teddy Bear Accordingly, all of Vermont Teddy Bear’s rules, policies, and operating procedures concerning customer orders, customer service, and use of customer names and information, will apply to those customers.

7. Promotion:

(a) Promotional and Advertising Activities (including e-mail campaigns): Any promotional or advertising activities you may wish to engage in requires the prior written consent of Vermont Teddy Bear PARTICIPANT shall not create, publish, distribute, or permit any written material, including, without limitation, promotion codes, coupons and discount offers that make reference to Vermont Teddy Bear and/or its parent company, subsidiaries, affiliates and their respective web sites without first submitting such material to Vermont Teddy Bear and receiving prior written consent thereto. When engaging in any direct promotional or advertising activities with consumers, PARTICIPANT shall
  • identify Participant’s complete name and physical postal address,
  • clearly, conspicuously, and truthfully indicate the nature of the communication,
  • provide a reasonable method by which consumers can eliminate or limit (“opt-out”) of such communications, timely and in accordance with applicable laws, honor consumer requests to “opt-out” of such communications,
  • maintain reasonable records with regard to such “opt-out” requests,
  • do not sell, rent, share, transfer, or disclose any personal information regarding consumers who “opt-out” except to process their orders and requests.
(b) Search Engine Prohibitions: PARTICIPANT will represent themselves on search engine results for related listings only as “AFFILIATE OF Vermont Teddy Bear,” meaning that PARTICIPANT'S metatags, text, and title tags cannot use OUR marks except as described above ("AFFILIATE OF VERMONT TEDDY BEAR"). In addition, PARTICIPANT'S URL cannot contain Our marks or variations of OUR marks. That without limiting the foregoing, PARTICIPANT shall not purchase, use or bid for placement any of the Marks, as defined in Section 8, without limitation, Vermont Teddy Bear, Vermont Teddy Bear.com, or any variations or misspellings of the Marks, with any search engine. In addition, upon Vermont Teddy Bear’s request, PARTICIPANT will immediately cease bidding, purchasing or using any Marks and other terms used to promote the Affiliate Program and PARTICIPANT’s participation therein. Furthermore, Vermont Teddy Bear hereby reserves all legal and equitable remedies it may have for Participant's violation of Sections 7(b) and 8 and for any misuse or infringement of the Marks by Participant.
(c) Embellishment: PARTICPANT shall not, in any manner, misrepresent or embellish the relationship between PARTICIPANT and Vermont Teddy Bear.com, or expressly or imply any relationship or affiliation between us and You or any other person or entity except as expressly permitted by this Agreement (including by expressly or implying that Vermont Teddy Bear.com supports, endorses, or contributes money to any charity or other cause).
Software applications: PARTICIPANT will ensure that the application does not overwrite, and/or redirect URLs generated through other tracking systems.

8. Licenses:

(a) Vermont Teddy Bear grants to PARTICIPANT a limited, non-exclusive, non-transferable, royalty-free, revocable license to: 1) access the Web Site through the Links solely in accordance with the terms of this Agreement and solely in connection with such Links, to use Vermont Teddy Bear and its parent company’s, subsidiaries’ and affiliated companies’ logos, trade name, trademarks, service marks and similar identifying material collectively "the "Marks", for the sole purpose of selling Products on your Web Site for Vermont Teddy Bear (but only in the form(s) as they appear on the Web Site). You may not alter, modify, amend, or change the Marks in any way. You are only entitled to use the Marks to the extent that this Agreement provides and only while this Agreement remains in full force and effect. The use of any such Marks requires the prior written approval of Vermont Teddy Bear in all instances.
Use of Marks: PARTICIPANT shall not make any specific use of any Marks for purposes other than selling Vermont Teddy Bear’s products on PARTICIPANT'S web site for Vermont Teddy Bear. No use of the Marks can be made without first submitting a sample of such proposed use to Vermont Teddy Bear, and obtaining the prior written consent of Vermont Teddy Bear. PARTICIPANT agrees not to use the Marks in any manner that is disparaging or otherwise portrays Vermont Teddy Bear in a negative light. Vermont Teddy Bear reserves all of its rights in the Marks and all of its other proprietary rights. Partipicants right, property, license or interest in any Marks is limited to that conferred by 8 (a). Vermont Teddy Bear may revoke this license at any time, by giving you written notice at Our sole discretion via e-mail or letter. PARTICIPANT may not alter, modify, or change the Marks in any way nor shall e-mail designated partners alter in any way e-mails sent on Vermont Teddy Bear's behalf. All goodwill arising from the use of the Marks shall inure solely to the benefit of Vermont Teddy Bear and its parent, subsidiary or affiliated companies, as applicable.
(c) Intellectual and Proprietary Property and Information: All intellectual and proprietary property and information, supplied or developed by Vermont Teddy Bear shall be and remain the sole and exclusive property if Vermont Teddy Bear Upon termination of this Agreement, PARTICIPANT shall immediately cease using and return to Vermont Teddy Bear any and all such property and information it receives from Vermont Teddy Bear and, without limiting the foregoing, immediately cease use of Vermont Teddy Bear’s Marks. Participant agrees not to contest or challenge the Marks or to use any confusingly similar marks.
(d) Participant License: PARTICIPANT grants to Vermont Teddy Bear a non-exclusive, non-transferable, royalty-free license to access the PARTICIPANT web site through the Links; and (ii) use PARTICIPANT'S trade name, titles, logos, trademarks, service marks, products and similar identifying material relating to PARTICIPANT (the "PARTICIPANT'S Marks"), to advertise, market, promote and publicize in any manner this Agreement, the transactions contemplated hereunder or Vermont Teddy Bear’s rights hereunder; provided, however, that Vermont Teddy Bear shall not be required to advertise, market, promote or publicize, in any manner, this Agreement, the transactions contemplated hereunder, or PARTICIPANT'S Marks.

9. Confidentiality: Pursuant to this Agreement, the Parties may disclose to one another certain information ("Information") which is considered by the disclosing party to be proprietary or confidential information, including, without limitation, the term of this Agreement, business, marketing and financial information, customer and vendor lists, and pricing and sales information. All such Information shall remain the sole property of the disclosing party, and its confidentiality shall be maintained and protected by the receiving party with the same degree of care as the receiving party uses for its own confidential and proprietary Information and the receiving party shall not disclose such Information to any third party without the prior written consent of the disclosing party. The restrictions of the use or disclosure of any Information shall not apply to any information:
after it has become generally available to the public without breach if this agreement by the receiving party; independently developed by receiving party; rightfully in the receiving party's possession prior to disclosure to it by the disclosing party; 4) rightfully received by receiving party from a third party without duty of confidentiality; or 5) disclosed under operation of law or pursuant to legal or regulatory process.

10. LIABILITY: NEITHER Vermont Teddy Bear NOR ITS PARENT COMPANY, SUBSIDIARIES, OR ITS AFFILIATED COMPANIES SHALL HAVE ANY LIABILITY HEREUNDER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS OPPORTUNITIES, WHETHER OR NOT VERMONT TEDDY BEAR KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGE MIGHT BE INCURRED. FURTHERMORE, VERMONT TEDDY BEAR'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREUNDER WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF RECOVERY SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO PARTICIPANT UNDER THIS AGREEMENT.

11. Indemnification: PARTICIPANT agrees to indemnify, defend and hold harmless Vermont Teddy Bear, its parent company, subsidiaries, affiliated companies, successors and assigns and their respective officers, directors, shareholders and employees, from and against any and all losses, liabilities, damages, actions, claims, expenses and costs including, without limitation, reasonable attorneys' fees, which result or arise from or are based on:
  • the negligence of PARTICIPANT, its agents, servants and/or employees,
  • PARTICIPANT'S breach of this Agreement or any of the terms hereunder,
  • any breach of a representation or warranty, or breach of a covenant or agreement made by PARTICIPANT herein, or in the Enrollment Application,
  • any claim that Vermont Teddy Bear’s use of PARTICIPANT'S Marks infringe on any trademark, trade name, service mark,
  • copyright, license, intellectual property, or other proprietary right of any third party, or any claim related, in any way, to PARTICIPANT'S web site, including, without limitation, content therein not contributed directly by Vermont Teddy Bear, as well as, any and all promotional and advertising activities conducted by, oron the behalf of, PARTICIPANT.


12. Independent Parties: PARTICIPANT and Vermont Teddy Bear are independent contractors and nothing in this agreement is intended to or will create any form of partnership, join venture, agency, franchise, sales representative, or employment relationship between the companies. Neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein specifically provided.

13. Binding Effect; Benefit: This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the Parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

14. Severability: If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

15. Notices: Any notices required or permitted under this Agreement shall be sent electronically to you at your web site or the email address as provided through LinkShare Corporation to Vermont Teddy Bear and sent from “bearaffiliates@vtbear.com” and shall be deemed duly made and received when sent.

16. Force Majeure: Except as otherwise expressly provided in this Agreement, Vermont Teddy Bear shall not be liable for any breach of this Agreement or for any delay or failure of performance resulting from any cause beyond such Party's reasonable control, including without limitation, the weather, strikes or labor disputes, war, terrorist acts, riots or civil disturbances, government regulations, acts of civil or military authorities, or acts of God.

17. Entire Agreement: This Agreement constitutes

(a) the binding agreement between the Parties;
(b) represents the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements; and
(c) may not be modified or amended except in a writing signed by the Parties. Notwithstanding anything to the contrary contained herein, Vermont Teddy Bear may modify and change any of the terms and conditions of this Agreement, at any time in its sole discretion. We will notify You of any such modification or change as provided for in Section 2 (a) hereof. Modifications and changes may include, without limitation, changes in the scope of available commission fees and payment procedures. If any modification or change is unacceptable to PARTICIPANT, PARTICIPANT'S only recourse is to terminate this Agreement. Your continued participation in the Program after the notice is posted or sent pursuant to Section 2(a) hereof, will constitute Your legally binding acceptance of the modification or change.

18. Governing Law: This Agreement shall be governed by, and construed in accordance with the laws of the United States and the State of Vermont without regard to conflicts of law principles thereof. Any action relating to this Agreement must be brought in the federal or state courts located in Chittenden County, Vermont, and PARTICIPANT irrevocably consents to the jurisdiction of such courts.

19. Independent Investigation:

PARTICIPANT ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. IT UNDERSTANDS THAT VERMONT TEDDY BEAR MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, SOLICIT CUSTOMER REFERRALS AND ENTER INTO SIMILAR AGREEMENTS ON TERMS THAT MAY BE THE SAME, SIMILAR OR DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR ENTER INTO AN AGREEMENT WITH COMPETITORS OF PARTICIPANT, OR MAY OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH PARTICIPANT'S WEB SITE. PARTICIPANT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE TRANSACTIONS CONTEMPLATED HEREUNDER AND IT IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
20. No Guarantee:

VERMONT TEDDY BEAR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH REFERENCE TO THE TRANSACTIONS AND SERVICES CONTEMPLATED HEREUNDER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, VERMONT TEDDY BEAR MAKES NO REPRESENTATION THAT THE OPERATION OF VERMONT TEDDY BEAR’S WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND VERMONT TEDDY BEAR WILL NOT BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER OF ANY INTERRUPTIONS OR ERRORS. FURTHERMORE, VERMONT TEDDY BEAR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE AMOUNT OF COMMISSIONS TO BE PAID TO PARTICIPANT HEREUNDER, OR AS TO ANY ASSET OR PROFITABILITY, IF ANY, OR OTHER BENEFIT PARTICIPANT MAY DERIVE HEREUNDER, IF ANY.

21. Survival: Sections 4, 5, 6, the last two sentences of Section 7, 8(c), 10, 11, 18, 19, and 20 of this Agreement shall survive the termination or expiration of this Agreement.

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