Pricing updates may be made in January of each year if material costs have significantly increased. Due to AF's print marketing activities, AF cannot accept price increases throughout the year and publication period; although prices may be decreased at any time during the year. Vendor must honor ANY and ALL direct incentives, offers, discounts, trials, return period and additional promotions made by vendor, or manufacturer to Activeforever.
ActiveForever as Your Online Mass Merchant Manager:ActiveForever puts a tremendous amount of intellectual property, financial and human resources into promoting and selling your product line through online and offline sales channels. Due to the nature of the online mass merchants, such as Amazon, eBay, and other major shopping engines, ActiveForever is solidly established in these sales outlets. We expect that our Vendor will not restrict ActiveForever in any way, or directly or indirectly sell to these large online sales outlets, and will rely on ActiveForever to properly and optimally manage these mass merchant accounts on your behalf. (Vendor must pre-establish exceptions in writing and AF retains the right to audit to confirm claims), or restrict us in any sales and marketing outlets. Vendor also agrees that ActiveForever is granted the right to publish, transmit, republish, disseminate and make use of product imagery, product line titles, brand names, trademarks, verbiage, likeness and descriptive phrases to market products through all channels (including paid advertising such as pay per click) in an effort to sell your product line.
Daily cut off time for drop shipments must be specified and abided by, and drop ships must provide ActiveForever with tracking numbers within 24 hours.
Order Fulfillment & Freight In:No identifiers or marketing material except those from AF may be in or on the shipment. AF will only pay cost of goods on the PO plus freight. If free shipping is not available on your product(s), actual shipping cost must be charged. AF does not pay inflated freight, drop ship fees, box fees, pick and pack, handling or other similar fees. Any filtering software must whitelist ActiveForever.com to ensure delivery of email communication or Purchase orders. Vendor must check SPAM daily. All freight in of stock shipments must contain the AF PO# clearly marked on the exterior of the shipping container; otherwise, AF retains the right to reduce the associated PO invoice amount by 2%.
AF requires free freight in for stocking orders.
*If Drop shipping on AF's UPS account, the PO # must be entered in Reference Field 1.
Changes and Back Orders:It's necessary that the Vendor keep ActiveForever pro-actively apprized in regard to Back Orders and Product Design Changes due to the many strategic partnerships/contractual obligations ActiveForever has to deliver expeditiously to its customers and accounts. Backorder notices must be sent to: Backorders@Activeforever.com as soon as you are aware, yet no less than 3 business days before item is on backorder. When vendor at fault, a 15% deduction on all outstanding POs including marketing and order correction expenses.
Insurance:Vendor must maintain commercial general liability insurance at Vendor's sole cost and expense. Such insurance shall be provided with an insurer or insurers reasonably acceptable to ActiveForever, and will include, without limitation, product liability, completed operations, blanket contractual liability, and personal injury and advertising liability coverage in an amount no less than $1 million, written on an-occurrence basis, with an endorsement naming ActiveForever as an additional insured party. Vendor shall provide a yearly certificate of insurance evidencing all the coverages described above to: ProductAdmin@Activeforever.com
General Indemnity:ActiveForever is entering into this agreement with Vendor and ActiveForever is free and clear to advertise and sell Vendor's product line, free of all liabilities or restrictions. Vendor shall defend, indemnify and hold harmless ActiveForever from and against any loss, damage or expense, including or without limitation, reasonable attorneys' fees, arising from any claim, suit, judgment or proceeding brought or asserted any third party, or of any nature, arising in any manner from, relative to ActiveForever's action, or in conjunction with the Vendor's acts or failure to act and/or Vendor's products.
This agreement supersedes all previous agreements, shall not expire, and will auto-renew every 12 months from its execution date. However, either party may terminate this agreement upon giving the other party written notice within sixty (60) days prior to the end of the agreement term. The most current terms apply to vendors, and is available at: Terms and Conditions