| DYB Small Publisher Fulfillment Program |
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TERMS AND CONDITIONS
Deliver Your Books/Archer Ellison, Inc. (herein known as DYB) s hall fulfill orders for client’s products in accordance with terms and conditions set forth below.
DYB shall furnish client services described below.
DYB will set up and manage a system that will provide accurate and timely toll-free and/or Internet order taking and timely shipment of all clients products, goods, literature and merchandise. DYB will fulfill orders to third-party wholesalers, distributors, end users, consumers and other direct and indirect sales applications.
DYB will provide ample staffing to handle client’s fulfillment needs.
DYB will provide and handle inbound orders 24 hours per day, 7 days per week, 365 days per year via 24-hour toll-free telephone order taking, fax and/or Internet order forms and/or shopping carts. These may utilize dedicated phone lines and other electronic and non-electronic transmissions at clients' expense, if necessary.
DYB will batch orders received daily and make copies of all orders and retain shipment records.
DYB shall conduct periodic inventory counts, if necessary, and advise clients of inventory status to maintain accurate and timely inventory levels for restocking and reordering, when necessary. DYB will notify client any time it appears inventory levels of client products are reaching a level in which it may become problematic to fulfill customer orders. DYB shall at all times keep client informed of the location of each warehouse where clients products are stored.
DYB will give client choice of carriers for shipping packages. For all packages shipped through the United States Postal Service, DYB will pass all shipping and handling charges to the end user ordering by toll-free telephone and/or Internet. Therefore, client will not pay for shipping and handling for packages shipped through the United States Postal Service.
DYB will give client option of shipping through UPS Automated Computer Shipping and Tracking System.
DYB will provide toll-free telephone number(s) for client to use for the purpose of taking orders from pre-qualified end-users/customers of the client.
DYB will provide 24-hour live operator order-taking support via toll-free telephone and/or Internet order processing via DYB order page and/or shopping cart that links to client's existing website, or in some cases can be designed as a stand-alone Internet ordering device for client for extra fee.
DYB will process transactions for client.
DYB will provide picking and packing.
DYB will handle repacking and returns.
DYB will receive and store, at no additional fee, up to 4 cases or 200 books, whichever is smaller, of clients products, goods, literature and merchandise. DYB will warehouse quantities in excess of the aforementioned quantities, on a fee basis, by giving client quotation for specific quantity requested.
DYB will handle returns for client. Returns will be processed and subtracted from client's account upon receipt of returned merchandise to DYB return center. Client receive inventory credit for return, unless product is damaged. All damaged merchandise will be sent back to client at client's expense.
DYB will provide packaging materials.
DYB will provide building kits, bundled packs and case packs as requested by client.
DYB will provide client with detailed inventory receipt records as inventory items are received by client. Inventory receipt records may take the form of vendor packing slips and freight bill of lading as long as these items accurately reflect in-house count of merchandise received. DYB is not responsible for inaccuracies and discrepancies between third-party vendor packing slips and freight bill of lading and actual quantities of merchandise received by DYB. If a discrepancy is discovered at any time between third-party vendor packing slips and freight bill of lading, client agrees to hold DYB/Archer Ellison, Inc. harmless.
Client shall interface with the DYB a order-processing system via Internet at all times in order to place orders on behalf of clients, obtain or request to obtain sales records, provide inquiries and requests of DYB staff.
All program fee information is available on the deliveryourbooks.com web site and is subject to immediate change without notice. Client agrees to DYB fees at time of sign-up and all fees are subject to increases periodically at the discretion of DYB.
Client agrees to allow DYB to maintain client account by charging all monthly and additional fees automatically through the payment method selected and used by client in establishing client account on day DYB services are established by client.
The agreed upon "DYB Small Publisher Program" fees include: providing client with a royalty of 100% of the list price of all client products in the system for an unlimited number of products in the system, providing end-users shipping, and packaging materials no charge to client.
Client royalty check and sales summary stub will be provided and mailed by DYB on the tenth of each month for the prior month. Orders placed by end-users in the DYB system must clear all DYB accounts before payment will be issued to client for a given month. For orders placed toward the end of a given month, there may be a lag from the time some orders are batched to the time orders clear all DYB accounts. DYB orders will be paid to clients in the month that orders that clear all DYB accounts, not at the time order is placed. Orders received by DYB, which cannot be processed for any reason, will be excluded from aforementioned client royalty.
DYB will provide client with end-user (client's customers) mailing list data by e-mail at client's request through the DYB Customer Service Control Panel found at deliveryourbooks.com.
DYB maintains the strictest ethical standards and a stringent privacy policy regarding handling of client mailing list information. A client mailing list consists of name, address, e-mail address and telephone information for a group of clients who have ordered and your product in the DYB system. Our policy states that DYB makes each clients mailing list available only to said client. Once an order is captured in the system, DYB manages each client mailing list using advanced automated security systems and procedures. No employees of DYB other than two upper-level managers have access to client mailing lists. Once orders are captured each client mailing list is sent to client by e-mail and then locked down in the DYB secure systems archive. DYB never makes client mailing lists available to third parties for either commercial or non-commercial purposes. In addition, DYB never makes use of client mailing lists for any purpose, proprietary or otherwise.
Client is permitted to implement their mailing list of end-user customers, for commercial or non-commercial purposes upon receiving copies of their DYB derived mailing list. DYB is not permitted to use client mailing list for any purposes. DYB considers each client mailing list to be proprietary to each client.
Client may hire DYB at its own discretion to facilitate back-end marketing services to upsell or cross sell clients from it's mailing list, but must provide a copy to their DYB marketing specialist independently upon ordering each marketing service.
DYB shall provide all aforementioned services for the agreed upon flat monthly fee and the shall constitute the clients enrollment into the "DYB Small Publisher Program."
The client's account shall be maintained under the "DYB Small Publisher Program" until such time as the client volume of activity in the DYB system grows.
Client agrees to reimburse DYB for any/all products that DYB ships back to client at any time. This reimbursement will include returns concerning product defects, damage in shipping for all uninsured packages, and returned merchandise for all unsold products after the termination of the DYB/client relationship under the aforementioned "DYB Small Publisher Program" or the belowmentioned "DYB Publisher Grows Program."
The client hereby understands that as their account activity grows in the DYB system, that DYB costs grow in direct or indirect proportion to account activity growth. Therefore, DYB may elect to move any client from the "DYB Small Publisher Program" to the "Publisher Grows Program" at any time. DYB will provide client with written notice of intent to do so. DYB also reserves the right to terminate any client relationship at any time for any reason. Client agrees to allow DYB to terminate service and account activity at any time with or without advanced notice.
Growth in terms of the volume of client's account activity may constitute one or more of the following conditions; increase in the volume of inbound telephone calls, orders placed by end-users, sales/transactions, the number of total or individual product shipments, the number of minutes per actual call and/or average minutes per call for inbound ordering, the pricing point of the product(s), the weight of product(s) and the conversion rate of the number of telephone calls to the number of orders for a given period of time.
DYB will use one or more of the above growth conditions as cause for moving client from the aforementioned "DYB Small Publisher Program" or the belowmentioned "DYB Publisher Grows Program."
DYB will begin participating in sales by retaining a percentage of sales to be determined by DYB an accord with the aforementioned growth conditions. DYB Sales percentage participation, in general, ranges between 5% to 18%, contingent upon aforementioned growth conditions and determined on a client by client basis.
DYB reserves the right to approve all promotional, marketing and sales-related offers to be used by clients prior to use.
DYB does not allow the use of free offers of any kind in connection or conjunction with use of any DYB services by client, unless client submits details of such offers, and received return written approval from DYB to gain DYB permission to use such offers.
Under certain client/product-related conditions the client may request and/or DYB may mandate that client set up a third-party shipping account (i.e. UPS Ground) or an account with another trackable shipper for use in conjunction with the DYB system. Under this condition, DYB will bill separately any additional shipping charges incurred on behalf of client. DYB will bill client's UPS account directly for shipping costs under this condition and client is responsible to provide DYB with UPS account for ongoing shipping charges. DYB will only mandate client to set up a UPS account if the client requires tracking and/or meets certain of the aforementioned growth conditions as determined by DYB analysis of clients DYB account activity and account volume.
DYB reserves the right under any aforementioned programs to charge to client's account all monthly fees, "overages for unreasonable excesses," some of which appear, but are not limited to conditions mentioned in the aforementioned growth conditions, especially conditions arising from poorly implemented marketing efforts, free offers that are not approved by DYB, excessive end-user phone calls resulting in less than 88% conversion of end-user phone calls into transacting orders, high-levels of returns, client requests for extra shipping services and other unique situations that may arise which generate an undue cost burden for DYB as a direct result of the special conditions associated with the products/market/marketing and other business and promotional conditions of the client.
Non-compliance with or resistance to aforementioned overages for unreasonable excesses will result in the immediate termination of client account.
Client must maintain monthly payments to keep account in good standing. If client fails to keep account in good standing and/or make monthly payments to DYB/Archer Ellison, Inc. for a period of 90 days, DYB/Archer Ellison, Inc. reserves the right to take title/ownership to client's inventories of books and other information products due to lack of payment and to do as DYB/Archer Ellison, Inc. sees fit with client product inventories, including destroying or freely donating books to charities.
DYB requires 60-days advanced notice before accepting client service cancellation requests.
DYB requires this time to cool-off client phone lines, handle book returns, process stock returns back to client, etc. Cancellation requests must be made at deliveryourbooks.com at the customer service control panel at the bottom of the page. Requests to cancel services made by other means such as e-mail, postal mail, fax, or telephone will not be accepted by DYB, as the process is automated.
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