Best of the Web Reseller Guidelines
DEFINITIONS
"BOTW" refers to Best of the Web.
"Program" refers to the BOTW Reseller Program.
"Products" refers to the BOTW products and services available for resale by the Reseller. Products are listed in Table 1.
"Reseller" refers to a reseller of products and a member of the BOTW Reseller Program.
"End User" refers to Reseller's customers; that is, the party to whom Reseller resells Products.
"Referral Links" refers to the unique hyperlink used by BOTW to associate each sale referred from the Reseller site.
I. Terms
A. Table 1 lists Products and Services that can be resold by Reseller. Upon acceptance into the Program, Reseller shall have the right to purchase Products listed in Table 1 for resale to their End User customers. BOTW reserves the right to change Table 1 at any time without prior notice. Reseller may establish at its own discretion the resale price of Products.

B. Product prices listed in Table 1 are exclusive of any taxes, fees, duties, value added, withholding, or other such amounts. BOTW shall not charge sales tax on sales made to Reseller, since all sales are intended for resale to End Users. Reseller shall be responsible for assessment, collection, remittance, accounting, reporting, and all other such legal responsibilities of sales tax for Reseller's sales to End Users. Reseller shall not receive commissions for sales using company generated promotion codes unless otherwise specified.
II. RIGHTS AND OBLIGATIONS OF RESELLER
A. Reseller agrees that End User shall be bound by the terms of the License Agreement accompanying each Product. Reseller shall have no authority to modify in any way the terms of any License Agreement, nor to make any representations or warranties contrary to the License Agreements. Reseller shall make a good-faith effort to ensure that End User is aware of and complies with all License Agreements.

B. End Users shall be considered primarily to be the customer of Reseller. BOTW will honor Reseller's request to contact or not to contact End User in the normal course of business. However, BOTW reserves the right to maintain lists of End Users and contact End User if the need arises.

C. Reseller shall not send or cause to be sent any unsolicited email, including newsgroup postings, regarding Products or services involving Products.

D. Reseller shall indemnify and hold BOTW harmless from and against any and all claims, losses, or damages that may arise from Reseller's marketing, sale, or support of any Product.

E. Reseller shall be authorized to use certain BOTW trademarks, graphics, symbols, or other content for use in promotion of Products. Such materials are to be provided by BOTW to Reseller with the express intent of their use for such purposes. Use of such content shall be subject to BOTW usage policies, which BOTW reserves the right to change at any time for any reason. Reseller may also create their own content relating to Products, which BOTW shall have the right to prevent Reseller from using if BOTW finds it to be objectionable or for any other reason. BOTW shall have no ownership rights or any other rights to content independently created by Reseller, except as provided for above.

F. Reseller agrees to promptly and prominently display the Referral Links on the Reseller Site and to promptly update such Referral Links upon reasonable notice from BOTW. Reseller may use any number of Referral Links on the Reseller Site so long as, at all times, BOTW has the right to approve the location and use of such Referral Links. Other than as expressly set forth herein, Reseller is not authorized to establish any other type of link to this Site or to use the Referral Links for any purpose other than to link End User to Best of the Web. Reseller agrees to promptly notify BOTW in the event of any problem or malfunction with one or more Referral Links.
III. RIGHTS AND OBLIGATIONS OF BOTW
A. BOTW reserves the right to refuse Reseller the right to promote BOTW, products, or any other affiliation with BOTW.

B. BOTW shall not be responsible for Acts of God, acts by third parties, or other events outside BOTW reasonable control.

C. Nothing in this Agreement shall prohibit BOTW from selling Products directly to any customer desired without involvement of or obligation to Reseller.

D. Reseller agrees not to, directly or indirectly, sub license, publish, distribute, disclose, disseminate, reverse engineer, decompile, copy, or reproduce Products except as provided for in this Agreement. Reseller shall not use any Product as the part of Reseller's own product or service without express written approval of BOTW.

E. Reseller agrees that all of BOTW rights, including but not limited to, intellectual property rights, trademarks, and copyrights, shall fully remain with BOTW. Reseller shall act merely as a reseller of Products, and shall gain no rights over BOTW or Products.

F. Reseller commission payments will be made by BOTW on the 15th of the month following 60 days from the date of sale, and will only be paid for amounts above $250.
IV. ACCEPTANCE AND TERMINATION
A. This Agreement shall become effective on and as of the date of execution of the Agreement by the parties to this Agreement.

B. Once accepted into the Program, this Agreement between BOTW and Reseller shall remain in force until cancelled by either party; BOTW may cancel the Agreement at any time for any reason, and Reseller may cancel with no less than thirty (30) days written notice. Upon termination, Reseller shall lose all rights granted under this Agreement.

C. Both BOTW and Reseller agree that this Agreement does not establish an employer-employee relationship between BOTW and Reseller. Each party shall conduct its business at its own location with its own employees and resources, and at its own expense. Reseller shall not be construed to be a legal partner of BOTW. Neither party shall have the right to incur any obligations on behalf of the other, except as otherwise provided herein.

D. This Agreement shall be governed by the laws of the State of New York. If any provision is found to be non-binding then the remaining provisions shall remain in force. In case of litigation to resolve issues between the parties, the prevailing party is entitled to compensation for reasonable legal fees. Any actions brought under this Agreement shall be brought before the United States District Court, Nassau County district.

E. BOTW MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY WAY OF EXAMPLE BUT NOT OF LIMITATION, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BOTW SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY RESELLER OR THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF PRODUCTS.

F. Reseller shall not assign, transfer, and/or otherwise sell their rights in this Agreement without first obtaining the express written permission of BOTW.

G. This Agreement constitutes the entire Agreement and understanding between the parties. No term or provisions of this Agreement may be changed, waived, discharged without written approval of BOTW.
TABLE 1
Products and Services for Resale Total Sale Price Reseller Commission
Directory Services
>Directory Submit Annual Review Fee $149.95 per year 25% annually
>Directory Submit Lifetime Review Fee $299.95 one-time 25% one-time
Sponsorship Advertising
>Premium Sponsorship Ad $49.95 per month 25% monthly
Blog Directory Express Submit
>Directory Submit Annual Review Fee $149.95 per year 25% annually
>Directory Submit Lifetime Review Fee $299.95 one-time 25% one-time
Blog Directory Sponsorship Advertising
>Premium Sponsorship Ad $39.95 per month 25% monthly
UK Directory Express Submit
>Directory Submit Annual Review Fee £99.95 per year 25% annually
>Directory Submit Lifetime Review Fee £199.95 one-time 25% one-time
UK Directory Sponsorship Advertising
>Premium Sponsorship Ad £39.95 per month 25% monthly
Web/Local Directory Bundle
>Web/Local Directory Bundle Submit Annual Review Fee $199.95 per year 25% annually
^ Back to Top ^