Expérience Jamaïque Seller Agreement
This Seller Agreement (“Agreement”) contains the terms and conditions under which Expérience Jamaïque (EJ) allow you to create, market, and sell your services and/or goods (“Products”) through its online portal at experiencejamaique.com (the “Service”).
Agreement to Terms
EJ reserves the right to add, delete and/or modify any of the terms and conditions in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on EJ’s website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use EJ. Your continued use of EJ following your receipt of an email about the change or the posting of a change notice on experiencejamaique.com will constitute binding acceptance of the changes.
Prohibited Content. You may not design, produce, market or sell a Product that EJ believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, moral rights or rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violate any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.
Approvals and Consents. You must have all necessary approvals and consents to use all Content. If requested by EJ, you will submit copies of those approvals and consents to EJ. All such approvals and consents are obtained at your cost.
Costs of Creation. You are solely responsible for creation of the electronic and digital content uploaded to EJ, and will pay all associated costs. All royalties or similar payments that are or may become due to any third party are paid by you. These include all payments under licenses for third-party material in your Content. You acknowledge that EJ is not currently a party to any collective bargaining agreement with any union or guild and that you are solely responsible for complying with any applicable union or guild rules, including without limitation, those relating to payments.
Grant of License.
When you upload any Content to EJ’s website, you grant to EJ a nonexclusive, royalty-free, worldwide, transferable, perpetual, irrevocable, sub licensable, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Service to design, produce, market and sell Products, (ii) to promote, market, advertise your Products, your shops, EJ, its affiliated entities, or the Service generally, (iii) to publicly display, publicly perform, reproduce, and license your Products; and (iv) to permit other EJ users to use the Products as intended in connection with their use of a EJ website or related service. EJ may sublicense the rights that you grant it in this Section in EJ’s discretion. You retain ownership of your original Content and nothing in this Agreement grants EJ ownership of your original Content.
Marketing and Advertising Your Products
You can market and promote your products on EJ in accordance with this Agreement, the Terms and the Content Usage Policy.
No Spam. You may not use “spam,” “blast-faxes” or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of EJ or other EJ site directory or search engine with false, misleading, or unnecessarily repetitive information.
Links. EJ in its sole discretion may prohibit you from ‘linking’ your products listed on EJ to any websites that contain content that, if used on EJ, would violate any of EJ’s agreements or policies.
Commissions and Fees
Tax Information. If you choose to sell products through EJ, you must provide your Jamaican and foreign taxpayer registration numbers to EJ. Failure to provide an accurate taxpayer registration number may result in EJ withdrawing your advertisement from the website.
EJ offers both rental and advertising space according to the schedule provided. There is an initial registration fee that must be paid before the Content is uploaded. Rental and advertising fees are paid no later than one week before the due date. Failure to do so will result in the termination of the contact at the end of the payment period.
The fees for renting a space and advertising on EJ are modified from time to time in accordance with the market demands. The Seller pays the fees according the current rates. Any fee adjustments during the contract period will not change the initial fees paid. However under a new contract the fees could be changed in line with current rates.
You agree to indemnify, defend and hold EJ, its parent and affiliated entities and their officers, directors, employees and agents harmless for any Claim arising out of, relating to, or connected with your alleged breach of the this agreement and/or the Terms of Service. You indemnify, defend, and hold EJ harmless based on any Claim alleging facts that, if true, would constitute a breach of this Agreement. You agree to hold EJ, its parent and affiliated entities and their officers, directors, employees and agents harmless from any claims arising from the use of your products that are sold on EJ.
Termination by EJ. In its sole discretion, with or without notice to you, EJ may: (i) suspend, limit your access to or terminate your use of the Service, (ii) suspend, limit your access to or terminate your Account, (iii) remove any of your products from EJ and directories and (iv) prohibit you from uploading new products.
Effect of Termination. If you or EJ suspend or terminate your Account, EJ may, without being liable to you or any third party: (i) delete any Content or other materials relating to your use of the Service, and (ii) not allow you to access your products or create, produce, market, or sell Products. If you or EJ terminate your Account, you must immediately remove all links to EJ from any websites you operate and cease representing yourself as a Seller on EJ.
Survival. The following Sections will survive termination of your Account: (effect of termination and Survival)
The laws of Jamaica and Switzerland, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and EJ.