Terms of Service – BookletsDelivered.com

Section 1 – Identification

1A. This Agreement between Booklets Delivered and the person or company signing up for services, hereafter called “COMPANY” is made for the purpose of setting forth the terms and conditions under which Booklets Delivered will provide booklet printing and fulfillment services for COMPANY. The term of this Agreement shall commence on the date the COMPANY initially signs up online and shall continue in effect for one year and automatically renew for one year terms, unless and until this Agreement is terminated, during any term, as outlined in Section 4 of this agreement.

Section 2 – Booklets Delivered Activities

2A. Booklets Delivered will provide booklet printing and fulfillment services on behalf of COMPANY.

2B. Booklets Delivered and COMPANY will work together to determine and set up the best way to transfer order information from company to Booklets Delivered. If manual entry of orders into the Booklets Delivered backend system is needed it is the responsibility of COMPANY to do so and Booklets Delivered will provide instruction on the process.

2C. Booklets Delivered will print and ship all orders for in booklets within 2 business days of when an order is successfully received in the Booklets Delivered backend system.

2D. Booklets Delivered will provide COMPANY a weekly ledger summarizing all orders received and shipped for COMPANY. This ledger will be provided to COMPANY within 5 business days from the end of the prior week. COMPANY will also have access to their own password protected area within the Booklets Delivered backend system (called Red Oak Cart) via which they can check order status 24/7.

2E. Unless otherwise notified, Booklets Delivered will ship COMPANY booklets as a USPS 1^st class letter. COMPANY understand Booklets Delivered has no control over the performance of the postal service and will not be held responsible for any actions of the postal service.

2F. Confidentiality. Booklets Delivered and COMPANY both agree to treat confidential any and all information provided by the other and shall not disclose or permit to be disclosed any information to any person or entity except employees, agents, or contractors with a need to know in the normal course of their work, or in accordance with state and federal laws and regulations. Booklets Delivered and COMPANY shall take steps necessary to ensure the confidentiality of said records and information. Booklets Delivered and COMPANY agree not to disclose the negotiated rates and/or compensation payable to Booklets Delivered pursuant to the terms of this Agreement.

2G. Booklet specifications. Booklets Delivered will provide COMPANY with a template that must be followed for the layout of their booklets. Any artwork submitted for booklet covers or for printing inside the booklet must be at a minimum resolution of 300 dpi. COMPANY has available from Booklets Delivered booklets with 24, 32 or 40 pages of content.

Section 3 – Intellectual Property

3A. COMPANY acknowledges that it has intellectual property rights for any content it requests Booklets Delivered to print in booklet format on its behalf.

3B. COMPANY will retain full intellectual property rights for any content Booklets Delivered produces.

Section 4 – Remedies

4A. This Agreement may be terminated upon forty-five (45) days prior written notice by either party. If termination is for cause, a statement shall be given to the breaching party specifying the nature of the material breach and requesting that it be corrected within (15) days from the written request for corrective action. If sufficient correction is not made, termination may be immediate.

4B. COMPANY acknowledges that if this Agreement is terminated by either party it must pay any outstanding balances for services rendered by Booklets Delivered in full.

Section 5 – Compensation

5A. COMPANY agrees to establish an account with Booklets Delivered by paying an initial setup fee of $97. COMPANY understands this setup fee will be charged at the time COMPANY completes the online signup process.

5B. COMPANY acknowledges that the credit card number used for the initial online enrollment will be retained on file and charged weekly for any booklets printed and mailed for COMPANY by Booklets Delivered. COMPANY understands that all billings will appear on their statement under the name Speaker Fulfillment Services, the parent company of Booklets Delivered.

5C. COMPANY understands that if an attempted COMPANY credit card processing is declined COMPANY has 3 days to correct the matter or fulfillment services may be suspended.

5D. When printing and fulfillment services are provided for COMPANY books COMPANY will pay Booklets Delivered a fee for printing and mailing of booklets. This fee is subject to change with a 30 day notice if there are changes in postal rates or other costs to print and fulfill your booklets. Current pricing can be found online at BookletsDelivered.com

5E. Booklets Delivered currently accepts orders into our backend system via integrations with various platforms such as Infusionsoft, 1 Shopping Cart, Ultracart, Red Oak Cart, Shopify, ClickFunnels ClickBank and Amazon. If COMPANY is utilizing Amazon Advantage or Amazon Seller Central COMPANY must notify Booklets Delivered as there is additional information Booklets Delivered will need to provide to COMPANY.

5F. Booklets Delivered will also show COMPANY how to access the Booklets Delivered backend system and manually enter orders for fulfillment. If COMPANY requests Booklets Delivered to do any order entry to create a fulfillment then COMPANY agrees to pay Booklets Delivered a $2 fee for manual order entry.

5G. Initial Setup Costs. COMPANY may place up to 3 different booklets of one of our standard sizes into the Booklets Delivered system with their initial setup fee. As part of the setup fee Booklets Delivered will provide COMPANY with an ISBN for each individual title that COMPANY can use if it does not have its own ISBN numbers.

5H. Additional booklets can be placed into the system at a cost of $47 each and this includes Booklets Delivered providing COMPANY with an ISBN number for each booklet.

Section 6 – Booklet Returns

6A. Booklets Delivered agrees to notify COMPANY of any booklet returns received a minimum of once per week. There is a $2.00 charge for processing of booklet returns. Booklets Delivered will inspect returned booklets and if booklet is in “as new” condition it will be returned to inventory on behalf of COMPANY. If booklet is not suitable to fulfill orders with it will be recycled or returned to COMPANY at COMPANY’s discretion. COMPANY will specify in advance whether it wants damaged booklets to be recycled or returned.

6B. Reshipment of Booklets. If a booklet is returned due to an addressing error on the part of Booklets Delivered it will be reprinted and remailed at the expense of Booklets Delivered and the $2.00 returns charge will be waived. If a booklet is returned due to an addressing error on the behalf of COMPANY or COMPANY’s customer it will be reprinted and remailed at COMPANY expense once a correct mailing address has been provided.

Section 7 – Miscellaneous

7A. Both parties duly acknowledge that this Agreement contains all of the understandings between them. There have been no promises or warranties given or received, except as mentioned in the Agreement. Each of the parties herein mentioned is fully capable and ready to fulfill its commitments under this agreement

7B. Both parties agree to indemnify, defend and hold each other harmless from loss, damage or expense arising out of their material breach.

7C. The parties are to submit any dispute under $1,000 to binding mediation within thirty (30) days of first notice of the dispute. In the event that the parties cannot resolve a dispute greater than $1,000 through non-binding mediation, the matter may then be resolved through the use of the court system. Attorney fees and costs may only be charged and award if the mediator or court determines that a party has unreasonably failed to mediate a claim or caused unnecessary expense or delay in proceedings.

7D. This Agreement shall be governed by Indiana law.