DUNLOP SPORTS AMERICAS BUSINESS TO BUSINESS INTERNET COMMERCE AGREEMENT
By clicking the "I accept" button located on the My Golf Portal, Dunlop Sports Americas B2B enrollment screen, customer agrees to abide by all provisions of the My Golf Portal Program listed herewith. In choosing to use the My Golf Portal Program customer agrees that all policies and terms and conditions that are listed in previous invoices, order forms, catalogs, etc. will be followed by customer. Any exceptions to previously listed policies, terms and conditions must be agreed upon in writing signed by you and Dunlop Sports Americas.
Customer will be instructed to create and use one or more passwords to insure confidentiality and security when using the My Golf Portal Program. Customer is responsible to monitor the use of all passwords. Customer accepts all responsibility for keeping these passwords secure within their organization. Unauthorized access by your current or prior employees remains customer's responsibility. Due to the importance of keeping these passwords secure Dunlop Sports Americas recommends that they are changed on a regular basis.
Any misuse or problem relating to password security must be reported to Dunlop Sports Americas in writing or electronic mail within 48 hours of its identification. The customer is not to disclose its passwords to unauthorized individuals.
Either party may terminate this Agreement by giving thirty (30) days written notice to the other party. Should a security breach relating to a password occur, written notice to Dunlop Sports Americas is required immediately. Dunlop Sports Americas has the right in its sole discretion to immediately cancel the password affected by such breach, or terminate the Agreement.
Any start up costs associated with the My Golf Portal Program are the responsibility of the customer.
This Agreement is the complete Agreement between Dunlop Sports Americas and customer. There are no warranties or representations, express or implied, which are not contained herein. The Agreement cannot be modified orally. Only a written document signed by Dunlop Sports Americas and customer can modify this Agreement. All notices to customer shall be sent to the address set forth in Dunlop Sports Americas ‘s records for customer. It is customer's responsibility to update the records of Dunlop Sports Americas as to address changes.
Mutual consent in writing is required to assign any of the rights or obligations in this Agreement, except in the event that Dunlop Sports Americas is sold, Dunlop Sports Americas may assign its rights and obligations to a successor of all of its assets or stock.
Nothing in this Agreement creates any partnership or agency. The Agreement creates an independent contractor relationship. This Agreement shall be construed under the laws of the state of California.
As this Agreement is effective when customer accepts all terms by clicking the "I accept" button on the My Golf Portal Program enrollment screen, customer warrants that the person accepting the terms has full authority to do so.