Odour Relief

Blaster Master© Resellers Agreement For Odour Relief^tm

AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to each reseller, "we", us" and "our" refer to Blaster Master, "Product" refers to the Odour Relief^tm product and "Services" refers to any products or services offered at this Web site. This Agreement explains our obligations to you, and explains your obligations to us for the Product.

FEES. There are no fees required to join this reseller program. At your option and expense you may choose to provide a Web site of your own to sell the Product via the Internet. Such site must be approved by us before you launch it for public use. Design assistance is available for a fee. This site, Odour Relief.com is copyrighted, all rights reserved. Use of content or graphics is NOT allowed unless permission to do so is obtained in writing.

TERM. This reseller agreement will remain in full force for a period of one year from the date of acceptance by you and us, unless just cause is found to terminate it prior to this term. Just cause shall include, but not be limited to, any act you commit that results in us being sued, breach of trademarks or any misrepresentation of us by you.

MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes.

PRODUCT PRICES. You may purchase Product based on our Concentrate Pails. This allows you to make a fair profit by bottling and selling the Product as Odour Relief^tm. You may not represent the Product in any other way, change labels, information within the Product Brochure or sell the Product at more than the prices listed at this Web site on a per 500 ML bottle basis.

YOUR PROMOTION ACTIVITIES.You may not use SPAM or UCE (Unsolicited Commercial Email), post to News Groups or in any other way promote the product via electronic means via the Internet. If you do so, you will be immediately terminated as a reseller and must return all unused product to us. A refund will be issued only after we are satisfied that no legal action is forthcoming as a result of your actions.

You agree not to make false or unsubstantiated claims about the Product in your advertising or other promotional activities.

LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) and Product(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s) or Product(s). We and our contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or Products for the cost of procurement of substitute services and products. Because some states/provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Master Blaster, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services and Products provided hereunder or your use of the Services and Products, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your reseller status.

BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we cancel this agreement. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

DISCLAIMER OF WARRANTIES. You agree that your use of our Services and Products is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement other than those posted for the Product on our Web site or in our literature. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
i) Your name and postal address; ii) phone and fax numbers iii)your qualifications to represent our Product. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you.

REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of your reseller satus.

SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us sent to:
Blaster Master, 5-2576 Dunwin Drive, Mississauga, Ontario L5L 5P6

ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services and Products. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

INFANCY. You attest that you are of legal age to enter into this Agreement.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND PRODUCT AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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