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EStore Owner Agreement

Updated: March 11, 2012

This EStore Owner Agreement (“AGREEMENT”) contains the terms and conditions under which EStoremonster.com Ltd. (EStoremonster) allows you to operate your EStore and sell your custom designed products on http://www.estoremonster.com (“Website”). Acceptance of this AGREEMENT creates a binding legal agreement between you and EStoremonster.

1. Relevant Documents & User Conduct

If you accept this AGREEMENT you will still be bound by EStoremonster’s User Agreement and Privacy Policy. All related rules, policies and procedures of EStoremonster’s User Agreement and Privacy Policy are incorporated in this AGREEMENT by reference.

2. Setting up your EStore

In order to participate as an EStore Owner, you must register online and provide your contact information, including your full legal name, current address, phone number and email address. You will be required to create a user name and password. You are fully responsible for maintaining the confidentiality of your account password and details of your account. It is your responsibility to update any changes to the contact information you have provided.

3. Submitting Content

Content includes, but is not limited to, all text, graphics, photographs, artwork, designs and images (“Content”). By submitting Content to the Website you grant EStoremonster a non-exclusive, worldwide, royalty-free, license to use, reproduce, copy, crop, exhibit, post, email, sell or otherwise distribute the Content in or on our Products and in our marketing, advertising, samples, and promotional materials for the purpose of fulfilling orders and promoting the Website and its Products. If you select the “customizable” option, you agree that EStoremonster and its customers may make changes to the Content for the purpose of creating and ordering Products.

The above license does not transfer any ownership rights of the Content to EStoremonster; all ownership rights of the Content shall remain the property of the respective owner. You may remove your Content at any time. Upon removal of your Content, the above license will terminate.

4. EStore Owner Responsibilities

i. All Content submitted must adhere to the User Agreement.

ii. At all times in your use of EStoremonster services, you will act in a professional, businesslike manner and you agree to cooperate fully with EStoremonster at all times.

iii. You agree not to market your EStore through the use of any unsolicited or unauthorized promotional materials, advertising, bulk mail, direct mail, junk mail, spam, chain letters, pyramid schemes, direct marketing, telephone marketing or any other form of unwarranted solicitation.

5. Royalties

Royalties are calculated as the Retail Price of the product (you determine the Retail Price for each of your products) minus the Base Price of the product (Base Price is the cost of the product to you). EStoremonster reserves the right to change or update the Base Price of any product at any time, without notification to you. Shipping Charges and all applicable taxes and/or duties are paid by the buyer; you will not receive royalties for Shipping Charges, taxes or duties, nor will you be billed for Shipping Charges, taxes or duties.

6. Royalty Payments

Royalties will accrue in your account until it is equal to or greater than $20.00 Canadian (“Threshold Level”). EStoremonster shall issue payment to you no later than 30 days after the end of the month in which you have reached or exceeded your Threshold Level. All royalty payments are made payable by cheque or PayPal only. All royalty payments are payable in Canadian currency unless otherwise stated. Upon termination of your EStore, EStoremonster shall pay you all outstanding royalties, regardless of reaching the Threshold Level, within 60 days of closing your EStore. If we determine, in our sole and absolute discretion, that you have breached this AGREEMENT, we may withhold any referral fees otherwise payable to you under this AGREEMENT.

7. Returned Cheques

If a royalty payment is returned to EStoremonster we will notify you by email. If a royalty payment is returned due to your failure to update your mailing address in your account information, and the funds remain outstanding for six consecutive months, EStoremonster may donate the funds to a Canadian charity of its choice, in EStoremonster’s sole and absolute discretion.

8. General

EStoremonster reserves the right to change or update this AGREEMENT at any time. If you receive notification by email of a change to this AGREEMENT, you must review the changes prior to using our website. If any change is unacceptable to you, your only recourse is to terminate this AGREEMENT by closing your EStore. By continuing to use EStoremonster, you signify your acceptance of these changes.

9. Indemnification

As you are bound by EStoremonster’s User Agreement, you agree to indemnify and hold EStoremonster and its employees, subsidiaries, directors, representatives, contractors, affiliates, agents, officers, managers, partners, members, and owners (“Parties”) harmless against any and all claims, actions, demands, costs and expenses (including attorney’s fees and costs), judgments and/or settlements incurred in connection with any third-party claim, demand or action brought against the Parties alleging you have breached any part of the User Agreement through any act, error, omission, or in connection with any Content or third party Content you upload or share through the Website or through other users of the Website. You further indemnify EStoremonster against any claim based on any breach of any part of this AGREEMENT.

10. Termination of this Agreement

This AGREEMENT shall begin upon your acceptance of this AGREEMENT and will continue as long as you use EStoremonster services. Your failure to comply with any of the terms of this AGREEMENT automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the terms of this AGREEMENT. You may terminate this AGREEMENT at any time by closing your EStore. After termination by you or EStoremonster, EStoremonster may remove all Content from its servers without any liability to you or any third party. EStoremonster reserves the right, in our sole and absolute discretion, to deny you or any third party access to your EStore or services on EStoremonster. After termination of this agreement, all marketing and advertising activities for your EStore must cease.

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