TERMS & CONDITIONS FOR MANUFACTURER USE OF NineteenthAmendment.com
AGREEMENT BETWEEN USER AND NINETEENTH AMENDMENT (WWW.NINETEENTHAMENDMENT.COM)
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN 19TH AMENDMENT CO., A DELAWARE CORPORATION, WITH OFFICES AT 335 Madison Ave NEW YORK, NY 10017 USA (“NINETEENTH AMENDMENT”) AND THE PERSON OR ENTITY AGREEING TO THE MANUFACTURING AGREEMENT (“MANUFACTURER” OR “YOU”). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK THE “ACCEPT” BUTTON BELOW (OR ANY SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED BY NINETEENTH AMENDMENT TO SHOW YOUR ACCEPTANCE OF THIS AGREEMENT). IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER, OR THE APPLICABLE ENTITY, TO THE AGREEMENT; (II) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS REQUIRED AS A CONDITION TO PROCEEDING WITH THE PROVISION OF SUBMISSIONS TO THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE APPLICABLE ENTITY, DO NOT CLICK THE BUTTON ON THE MANUFACTURING GUIDELINES PAGE “I agree to the Manufacturer Terms and Conditions.”
A. WHEREAS, Brand using Nineteenth Amendment (a Nineteenth Amendment Brand) desires to obtain certain Services described hereunder from the Manufacturer;
B. AND WHEREAS a Nineteenth Amendment Brand agrees to engage the Manufacturer as an independent contractor to perform such Services and the Manufacturer hereby agrees to provide such services to the Client;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
For good and valuable consideration, receipt of which is hereby acknowledged, Nineteenth and Manufacturer, intending to be legally bound hereby, agree to the following:
1. Nineteenth Amendment services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Nineteenth Amendment may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Nineteenth Amendment's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
2. You will need to set up an account in order to do business as a Manufacturer with Nineteenth Amendment and Brands. You may not use a third party’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Platform. You have complete responsibility for your account and everything that happens on your account. We require that you as account holder conduct yourself in a professional manner and respond to inquiries within 48 business hours. If you find out that someone is using your account without your permission or incorrectly, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account with or without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We may terminate your account at any time for any reason.
3. You shall provide the Services as an independent contractor to Brands and you shall not act as an employee, agent or broker of Nineteenth Amendment. As an independent contractor, you will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. Nineteenth Amendment is not responsible for payment. Payment and contracting of work is expressly between Manufacturer and Brand. You understand that Brands pay fees for your production services and Nineteenth Amendment will not withhold any amounts for payment or any taxes from Manufacturer's compensation.
4. You in the course of performing the Services hereunder may gain access to certain confidential or proprietary information from or belonging to Brand and or Nineteenth Amendment. Such “Confidential Information” shall include all information concerning the business, affairs, products, marketing, systems, technology, customers, end-users, financial affairs, accounting, statistical data belonging to Brand or Nineteenth Amendment and any data, documents, discussion, or other information developed by Manufacturer hereunder and any other proprietary and trade secret information of Nineteenth Amendment whether in oral, graphic, written, electronic or machine-readable form. You agree to hold all such Confidential Information of Nineteenth Amendment and Brand in strict confidence and shall not, without the express prior written permission of Nineteenth Amendment, (a) disclose such Confidential Information to third parties; or (b) use such Confidential Information for any purposes whatsoever, other than the performance of its obligations hereunder. The obligations under this Section shall survive termination or expiration of this Agreement.
5. Except as otherwise indicated, this Platform and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by Nineteenth and Brand and are protected by domestic and international copyright, trademark, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Platform are ©2018 Nineteenth Amendment, All rights reserved. We hereby give you permission to print materials from this Website for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Website, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Platform. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
6. Nineteenth Amendment shall have the right to assign this Agreement, or any rights and obligations hereunder, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by any assignee of this Agreement. Manufacturer may not assign this Agreement or any rights or obligations hereunder without Nineteenth Amendment’s prior written consent.
7. You hereby agree to indemnify and save and hold harmless Nineteenth Amendment from and against any loss, liability, damage or cost it may incur, now and forever, arising out of or related to any services or information provided by Nineteenth Amendment.
8. Nineteenth Amendment may, at its option, elect to inspect Manufacturer’s location(s) during normal business hours to inspect working conditions of Manufacturer’s property(s).
10. This Agreement and all aspects of the relationship between the parties hereto shall be construed and enforced in accordance with and governed by the internal laws of the State of New York and the United States of America, without regard to its conflict of laws provisions. The parties hereby agree to submit to the jurisdiction of the federal and state courts of New York for the resolution of any disputes regarding the subject matter of this Agreement.
11. This Agreement will remain in force until terminated. Termination can only come after all contract orders are finished or an agreement to terminate has been agreed upon in writing by both Nineteenth and Manufacturer.
12. From the initial signing of this agreement, Manufacturer shall not, directly or indirectly, without the prior written consent of Nineteenth engage in any talks with, or business with, any designer or brand that Nineteenth is engaged with outside of Nineteenth-related work in perpetuity. Nineteenth shall in perpetuity be included in all communication and business with any vendor, retailer, or third party that Nineteenth is or was engaged with at any point.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NINETEENTH AMENDMENT with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral or written, between the user and NINETEENTH AMENDMENT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NINETEENTH AMENDMENT reserves the right, in its sole discretion, to change the Terms under which www.NINETEENTH AMENDMENT.com is offered. The most current version of the Terms will supersede all previous versions. NINETEENTH AMENDMENT encourages you to periodically review the Terms to stay informed of our updates.
NINETEENTH AMENDMENT welcomes your questions or comments regarding the Terms via mail at the following mailing address:
1397 2nd Avenue
New York, NY 10021 USA
Email Address: email@example.com
Telephone Number: +1-844-673-7019
Effective as of August 1, 2018.
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