Conditions of Use

Welcome to TwoTweet.com. TwoTweet and/or its affiliates ("TwoTweet") provide website features to you subject to the following conditions. If you visit or shop at TwoTweet.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future TwoTweet service or business (e.g., Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to TwoTweet.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit TwoTweet.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TwoTweet or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TwoTweet and protected by U.S. and international copyright laws. All software used on this site is the property of TwoTweet or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

TwoTweet, TwoTweet.COM, other TwoTweet.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TwoTweet in the U.S. and/or other countries. TwoTweet's trademarks and trade dress may not be used in connection with any product or service that is not TwoTweet's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TwoTweet. All other trademarks not owned by TwoTweet that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TwoTweet.

LICENSE AND SITE ACCESS

TwoTweet grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TwoTweet. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TwoTweet. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TwoTweet without express written consent. You may not use any meta tags or any other "hidden text" utilizing TwoTweet's name or trademarks without the express written consent of TwoTweet. Any unauthorized use terminates the permission or license granted by TwoTweet. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TwoTweet.com so long as the link does not portray TwoTweet, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TwoTweet logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TwoTweet does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use TwoTweet.com only with involvement of a parent or guardian. TwoTweet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in

ORDERING VIA TWOTWEET

"TwoTweet" ordering is automatically enabled on your account when you place your first order on TwoTweet.com and enter a payment method and shipping address. If you initiate a purchase from any TwoTweet vendor via a website or application using Twitter's messaging system, your order will be automatically charged to the default payment method on your account and shipped to the default address--you skip the shopping cart.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

TwoTweet takes no responsibility and assumes no liability for any content posted by you or any third party via third-party messaging services such as Twitter.

COPYRIGHT COMPLAINTS

TwoTweet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All items purchased from TwoTweet are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

TwoTweet attempts to be as accurate as possible. However, TwoTweet does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by a TwoTweet Vendor itself is not as described, your sole remedy is with the TwoTweet Vendor's return policy.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

Your purchases from third-party vendors using TwoTweet are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

OTHER BUSINESSES

Parties other than TwoTweet operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. TwoTweet does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TwoTweet ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TwoTweet MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TwoTweet DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TwoTweet DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM TwoTweet ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TwoTweet WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting TwoTweet.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TwoTweet.

DISPUTES

Any dispute relating in any way to your visit to TwoTweet.com or to products or services sold or distributed by TwoTweet or through TwoTweet.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to TwoTweet.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TwoTweet.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TwoTweet that your copyrighted material has been infringed.



TwoTweet.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

General Terms

Welcome to TwoTweet, a powerful shopping cart that plugs directly into your Twitter account

BY REGISTERING FOR OR USING THE SERVICE(S), YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY IN THE COUNTRY IN WHICH YOU REGISTER ("YOUR ELECTED COUNTRY") FOR EACH SERVICE FOR WHICH YOU REGISTER.

As used in this Agreement, "we," "us," and "TwoTweet" means TwoTweet LLC or any of its affiliates, and "you" means the applicant (if registering as an individual), or the business employing the applicant (if registering as a business). Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these General Terms and the applicable Service Terms, the Service Terms will govern.

1. Enrollment

To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable law (for example, minors are not allowed to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address. We may at any time cease providing the Services at our sole discretion and without notice.

2. Service Fee Payments

Fee details are described fully in the applicable Service Terms. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. To use a Service, you must provide us with valid credit card information from a credit card issued to you by a bank within Your Elected Country or a United States bank ("Your Credit Card") as well as valid bank account information for a bank account in your name that is located within Your Elected Country ("Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update all of the preceding information as necessary to ensure that it at all times remains accurate and complete. You authorize us (and will provide us additional documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from your credit card issuer, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). At TwoTweet's option, all payments to you will be remitted to Your Bank Account or through an Automated Clearing House ("ACH") or similar system. For any amounts you owe us, we may (a) charge YourCredit Card, (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, (c) invoice you for amounts due to us under this Agreement, in which case you will pay the invoiced amounts upon receipt, (d) reverse any credits to Your Bank Account, or (e) seek such payment or reimbursement from you by any other lawful means. All amounts contemplated in this Agreement will be expressed and displayed in US Dollars and all payments contemplated by this Agreement will be made in US Dollars. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means.

If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in customer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Vendor actions and/or performance in connection with the Agreement.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and Vendors relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because the TwoTweet Site or the Services are unavailable following the commencement of a transaction.

3. Term and Termination

The term of this Agreement will start on the date of your completed registration for the Service(s) and continue until terminated by us or you as provided below (the "Term"). We may terminate or suspend this Agreement or any Service immediately by notice to you for any reason at any time. You may terminate this Agreement or any Service or the Promotion Site for any reason at any time by the means then specified by TwoTweet therefor; provided, that you may not terminate the Service for a period of ninety (90) days following the date of your registration. Termination or suspension of a Service will not terminate or suspend any other Service unless explicitly provided. Upon termination, all rights and obligations of the parties under this Agreement will terminate, except that Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 16 and 18 will survive termination. Any terms that expressly survive according to the applicable Service Terms will also survive termination.

4. License

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our affiliates; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the TwoTweet Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party).

5. Representations

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of Your Elected Country or the United States; (b) your principal place of business (or, if you are registering as an individual, your primary place of residence) is located within Your Elected Country or the United States and you will not conduct any operations relating to this Agreement from outside Your Elected Country or the United States; (c) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licenses and authorizations you grant hereunder; and (d) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

6. Indemnification

You release us and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, and agents) against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any sales channels owned or operated by you, Your Products (including the offer, sale, fulfillment (except with respect to those of Your Products that are fulfilled using the Fulfillment by TwoTweet Service, if any), refund, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

7. Disclaimer & General Release

a. THE TWOTWEET SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A VENDOR, YOU USE THE TWOTWEET SITE AND THE SERVICES AND VENDOR TOOLS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TWOTWEET SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS.

b. BECAUSE TWOTWEET IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND VENDORS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE TWOTWEET (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

8. Limitation of Liability

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF TwoTweet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO TwoTweet IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

9. Insurance

If the Sales Proceeds from Your Transactions through either the WebStore by TwoTweet Service or the Fulfillment by TwoTweet Service exceed ten thousand United States dollars ($10,000) per month in any three (3) consecutive months, or otherwise if requested by us, then within thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term commercial general, umbrella and/or excess liability insurance with limits of at least $1 million per occurrence/aggregate covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy(ies) naming TwoTweet and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the coverage to the following address: c/o TwoTweet, P.O. Box 81226, Seattle, WA 98108-1226, Attention: Risk Management.

10. Tax Matters

As between the parties, you will be responsible for the collection and payment of any and all of Your Taxes. Any and all fees payable by you pursuant to this Agreement are exclusive of all sales, use and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. Except as otherwise provided in this Agreement, you agree that TwoTweet is not obligated to determine whether taxes apply, and TwoTweet is not responsible to collect, report or remit any taxes arising from any transaction. However, if a taxing authority requires us to pay any of Your Taxes, you will promptly reimburse us for the amounts paid. If the product is shipped from outside Your Elected Country, the recipient of the product may be required to pay, upon delivery, an amount related to assessed sales, goods and services, use, excise, import, value added or other taxes or duties. Such taxes or duties, if any, are in addition to the Sales Proceeds collected by TwoTweet.

11. Confidentiality

During the course of your use of the Services, you may receive information relating to us or to the Services including, but not limited to TwoTweet Transaction Information, that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain TwoTweet's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

12. Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

13. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of TwoTweet, you, and relying customers or Vendors.

14. Use of TwoTweet Transaction Information

You will not, and will cause your affiliates not to, directly or indirectly: (a) disclose or convey any TwoTweet Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any TwoTweet Transaction Information for any marketing or promotional purposes whatsoever (except as permitted below), or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product that has not yet been delivered with the intent to collect any amounts in connection therewith or to influence such Person to make an alternative purchase; (d) disparage us, our affiliates, or any of their or our respective products or services; or (e) target communications of any kind on the basis of the intended recipient being an TwoTweet Site user. The terms of this Section 14 do not prevent you from using other information that you acquire without reference to TwoTweet Transaction Information for any purpose, even if such information is identical to TwoTweet Transaction Information, provided that you do not target communications on the basis of the intended recipient being an TwoTweet Site user.

15. Suggestions and Other Information

If you or any of your affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the TwoTweet Site or Services (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

16. Modification

We may amend any of the terms and conditions contained in this Agreement (including the Service Terms and Program Policies) at any time and solely at our discretion. Any changes will be effective upon the posting of such changes on Vendor Central or on the TwoTweet Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to the Agreement will be posted for at least 30 days. Changes to Program Policies may be made without notice to you. You should refer regularly to Vendor Central to understand the current Agreement and Program Policies and to be sure that the items you offer for sale can be sold via the Service. YOUR CONTINUED USE OF A SERVICE AFTER TwoTweet'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT AS PROVIDED ABOVE.

17. Password Security

Any password we provide to you may be used only during the Term to access TwoTweet (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

18. Miscellaneous

This Agreement will be governed by the laws of the State of California, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with TwoTweet or its affiliates relating in any way to this Agreement or your use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 (United States Dollars) shall be adjudicated in any state or federal court in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

TwoTweet retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies.

Because TwoTweet is not the agent of either you or the customer for any purpose, TwoTweet will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.

We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated for notifications and updates in your program application or within Vendor Central, or by any other means then specified by TwoTweet. You may change your e-mail addresses by logging in to your account and clicking on "Change Account Info." You will update your e-mail addresses (as well as your legal name, address and phone number) as often as necessary to ensure that they are accurate. You must send all notices and other communications relating to TwoTweet to our Merchant Services Team by using the Contact Us form.

This Agreement incorporates and you hereby accept the applicable Service Terms and the applicable Program Policies, which TwoTweet may modify from time to time. In the event of any conflicts between the Program Policies and this Agreement, the Program Policies will prevail. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. It is the express wish of the parties that this Agreement and the applicable Service Terms and Program Policies have been drafted in English. (The following is a French translation of the preceding sentence: Il est de la volunté expresse des parties que le présent contact et/ou tous les documents qui s'y rattachent soient rédigés dans Anglais.) This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings. Definitions

As used in this Agreement, the following terms have the following meanings: "TwoTweet Associated Properties" means any website or other online point of presence, for example Twitter.com or sites and applications using the Twitter API to send or receive Twitter messages, other than the TwoTweet Site, through which the TwoTweet Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described.

"TwoTweet Contracting Party" means the applicable one of the following:



"TwoTweet Site" means that website, the primary home page of which is identified by the applicable one of the following (and any successor or replacement of such website(s)):


"TwoTweet Transaction Information" means, collectively, Order Information, and any other data or information acquired by you or your affiliates from TwoTweet or its affiliates, or otherwise as a result of the Agreement, the transactions contemplated hereby or the parties' performance hereunder.

"Content" means copyrightable works under applicable Law.

"Excluded Products" means: (a) alcoholic beverages; (b) cigars, cigarettes, or other tobacco products; (c) guns intended to provide lethal force (and related gun parts, kits and ammunition), mace, black powder and other explosives; (d) any drug, vitamin, herbal product or similar substance that must be sold by a licensed pharmacist or that requires a doctor's or other health care provider's prescription as a prerequisite for purchase; (e) any product that contains ingredients regulated under applicable Law; (f) 'sex and sensuality' products; (g) loose gemstone products; (h) any jewelry (including watches) product for which you either are not an "authorized re-seller" (as designated by the product's manufacturer or distributor), or do not provide to customers the manufacturer's standard warranty therefor; (i) products containing human growth hormone; (j) consumer-electronics products including but not limited to TVs, DVRs, cell-phones, video-game consoles; and (k) any other types of products that in our discretion are not supported for sale through TwoTweet Services Business Solutions (including any prohibited items listed in the "Policies and Agreements" section of Vendor Central); provided that an Excluded Product will cease to be an Excluded Product when we inform you so.

"Intellectual Property Right" means any patent, copyright, Trademark, moral right or trade secret right and any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority (e.g. on a federal, state, or provincial level, as applicable) of competent jurisdiction.

"Local currency" means the applicable one of the following:



"Order Information" means, with respect to any of Your Products sold through the TwoTweet Site or WebStore, the following information: the name of the customer, customer email address, the name of the recipient, the shipping address, the quantity to be shipped, and any special comments included by TwoTweet in its discretion.

"Person" means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.

"Program Policies" means all terms, conditions, policies, guidelines, rules and other information on the TwoTweet Site or on Vendor Central, including those shown on the "Policies and Agreements" section of Vendor Central or elsewhere in the "Help" section of Vendor Central (and, for purposes of the Fulfillment by TwoTweet Service, specifically including the FBA Guidelines).

"Promotion Site" means that ecommerce website, the primary home page of which is identified by the URL www.twotweet.com/vendorname in which "Vendorname" is a name representing you that we elect to include in such URL.

"Sales Proceeds"means the gross sales proceeds from any of Your Transactions, including all shipping and handling, gift wrap and other charges with respect thereto, but excluding any taxes separately stated and charged.

"Vendor Central" means the online portal and tools made available by TwoTweet to you, for your use in managing your orders, inventory and presence on the TwoTweet Site.

"Service" means each of: the following services that TwoTweet makes available in Your Elected Country: the Selling on TwoTweet Service; the WebStore by TwoTweet Service; and the Fulfillment by TwoTweet Service.

"Service Terms" means the service terms specific to each Service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable Service and any subsequent modifications we are permitted to make to those terms.

"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.

"Trademark"means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under any Laws.

"WebStore" has the meaning described in the WebStore by TwoTweet Service Terms.

"Your Elected Country" means each country in which you have registered for or are using the Service(s).

"Your Materials" means all Technology, Your Trademarks, Content, Product information, data, materials, and other items provided or made available by you or your affiliates to TwoTweet or its affiliates.

"Your Product" means any product that is made available for listing for sale, offered for sale, or sold by you through the WebStore by TwoTweet Service or the Selling on TwoTweet Service, and/or fulfilled or otherwise processed through the Fulfillment by TwoTweet Service.

"Your Sales Channels" means any website operated by or on behalf of you (other than the WebStore) that is primarily branded the same as any 'storefront' on the TwoTweet Site or the WebStore featuring Your Products and any successor or replacement of any of the foregoing.

"Your Taxes" means any and all sales, goods and services, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through or in connection with the TwoTweet Services Business Solutions, or otherwise in connection with any action, inaction or omission of you or its affiliates or their respective employees, agents, contractors or representatives. Also, as it is used in the Fulfillment by TwoTweet Service Terms, this defined term also means any of the types of taxes mentioned above that are imposed on TwoTweet or any of its affiliates in connection with or as a result of the (a) the storage of inventory, packaging, Your Products and other materials owned by you and stored by TwoTweet; or (b) the fulfillment, shipping, gift wrapping or other actions by TwoTweet to Your Products pursuant to the Fulfillment by TwoTweet Service Terms.

"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

"Your Transaction" means any sale of Your Product(s) through the TwoTweet Site or any WebStore.

Selling on TwoTweet Service Terms

The Selling on TwoTweet program ("Selling on TwoTweet") is a service that allows you to list products for sale directly on the TwoTweet Site (which, if Your Elected Country is the United States, includes a Promotion Site that we may make available from time to time during the Term and on which certain of Your Products may be listed for sale).

These Selling on TwoTweet Service Terms are part of the TwoTweet Business Solutions Agreement ("Business Solutions Agreement"), but, unless specifically provided otherwise, concern and apply only to your participation in Selling on TwoTweet. BY REGISTERING FOR OR USING SELLING ON TwoTweet, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENT AND THESE SELLING ON TwoTweet SERVICE TERMS. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS YOU TO OFFER YOUR PRODUCTS ON A NON-CONSIGNMENT BASIS FOR PURCHASE THROUGH THE TwoTweet SITE CHECKOUT PROCESS (E.G., A MERCHANTS@ TwoTweet.COM PROGRAM AGREEMENT OR ANY PREDECESSOR OF THAT AGREEMENT), THEN TO THE EXTENT THAT YOU CONTINUE TO LIST AND SELL PRODUCTS ON THE TwoTweet SITE PURSUANT TO A SEPARATE AGREEMENT, THE SALE OF YOUR PRODUCTS ON THE TwoTweet SITE IS GOVERNED BY THE TERMS OF THAT AGREEMENT AND NOT BY THESE SELLING ON TwoTweet SERVICE TERMS.

S-1 Your Product Listings and Orders

S-1.1 Products and Product Information

You will, in accordance with applicable Program Policies, provide in the format we require accurate and complete Required Product Information for each product that you make available to be listed for sale through the TwoTweet Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for, or otherwise seek to list for sale on the TwoTweet Site, any Excluded Products; or provide any URL Marks for use, or request that any URL Marks be used, on the TwoTweet Site.

S-1.2 Product Listing; Merchandising; Order Processing

We will list Your Products for sale on the TwoTweet Site on the Selling on TwoTweet Launch Date, and conduct merchandising and promote Your Products as determined by us (including via the TwoTweet Associated Properties or any other functions, features, advertising, or programs on or in connection with the TwoTweet Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and/or your performance as a Vendor and TwoTweet may make these ratings and feedback publicly available. We will provide Order Information to you for each sale of Your Products through the TwoTweet Site. We will also collect all Sales Proceeds for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Service Terms.

S-1.3 Shipping and Handling Charges

For those of Your Products sold on or through the TwoTweet Site that are not fulfilled using Fulfillment by TwoTweet, you will determine shipping and handling charges via and subject to our standard functionality and categorizations and further subject to any shipping and handling charge Program Policies. For those of Your Products that are fulfilled using Fulfillment by TwoTweet, TwoTweet will determine what the shipping fees will be and will display and charge them accordingly in accordance with the Fulfillment by TwoTweet Service Terms.

S-1.4 Credit Card Fraud

We will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and you will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any Vendor-Fulfilled Product that is not fulfilled strictly in accordance with the Order Information and Shipment Information. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Products if we ask you to do so (provided that if you have transferred Your Products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.

S-2 Sale and Fulfillment, Refunds and Returns

S-2.1 Sale and Fulfillment

Other than as described in the Fulfillment by TwoTweet Service Terms (if applicable to you) you will: (a) source, sell, fulfill, ship and deliver your Vendor-Fulfilled Products, and source and sell your TwoTweet-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, these Service Terms and the Agreement, and all terms provided by you and displayed on the TwoTweet Site at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of Your Products in a commercially reasonable manner and ship each of Your Products on or before its Estimated Ship Date; (c) retrieve Order Information at least once each business day; (d) not cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions appearing on the TwoTweet Site at the time of the applicable order (which terms and conditions will be in accordance with this Agreement) or as may be required under this Agreement; (e) ship Your Products throughout Your Elected Country (except to the extent prohibited by Law or this Agreement); (f) provide to TwoTweet information regarding shipment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) notwithstanding any other provision of these Service Terms, ensure that you are the Vendor of all products made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of Your Products; (j) identify yourself as the Vendor of the product on all packing slips or other information included with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or shipments of Your Products (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us). For those of Your Products that are fulfilled using Fulfillment by TwoTweet, if any, the Fulfillment by TwoTweet Service Terms will apply to the storage, fulfillment and delivery of such TwoTweet-Fulfilled Products.

S-2.2 Returns and Refunds

For all of Your Products (except those fulfilled using Fulfillment by TwoTweet, if any) you will provide us with your customer return and refund policies for display on the TwoTweet Site and accept and process returns and refunds relating to Your Products in accordance with these Service Terms and the posted policies at the time of the applicable order. If you notify us of any changes to these policies, we will use commercially reasonable efforts to post the changes. No change will be effective as to Your Products until we post the change on the TwoTweet Site. In any event, at a minimum, your return and refund policies will be at least as favorable as the then-current TwoTweet Refund Policies. You will determine and calculate the amount of all refunds (including any taxes, shipping and handling charges or other charges to be refunded) and will route all refunds through TwoTweet. We will provide any refunds to the customer (which may be in the same payment form originally used to purchase Your Product), and you will reimburse us for all amounts refunded. If you list TwoTweet-Fulfilled Products for sale on the TwoTweet Site, you acknowledge and agree that the TwoTweet Refund Policies published at the time of the applicable order apply to such TwoTweet-Fulfilled Products and that you will comply with such policies. You will provide refunds (that you are obligated to provide under applicable return and refund policies or as required by Law) promptly, but in no case later than thirty (30) days following the close of the sale.

S-3 Problems with Your Products

S-3.1 Delivery Errors and Nonconformities; Recalls

You are responsible for: any non-delivery, misdelivery, theft or other mistake or act in connection with the fulfillment and delivery of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under Section S-1.4; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using Fulfillment by TwoTweet, if any, the Fulfillment by TwoTweet Service Terms will apply to non-delivery, misdelivery, theft or other mistake or act in connection with the fulfillment and delivery of those of Your Products. You are also responsible for any non-conformity or defect in, or any public or private recall of, any of Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products.

S-3.2 Chargebacks

If we inform you that we have received any chargeback or other dispute, concerning one of Your Transactions, you will deliver to us within five (5) business days after request by us: (a) proof of delivery of Your Product(s) (as applicable); (b) the applicable TwoTweet order identification number; and (c) a description of Your Product(s) (as applicable). If you fail to comply with the prior sentence, or if the claim, chargeback, or dispute is not caused by: (y) credit card fraud for which we are responsible under Section S-1.4; or (z) our failure to make your Order Information available as the same was received by us or resulting from address verification, then you will promptly reimburse us in accordance with the Service Fee Payments section of the Business Solutions Agreement for the amount of the customer purchase (including the Purchase Price, all associated shipping and handling charges and all taxes, but excluding any associated Referral Fees retained and not subject to refund by TwoTweet) and all associated credit card association, bank or other payment processing, re-presentment and/or penalty fees associated with the original purchase and any chargeback or refund, in each case to the extent paid or payable by us or our affiliates.

S-4 Parity with Your Sales Channels

Subject to this Section S-4, you are free to determine which of Your Products you wish to list for sale on the TwoTweet Site. You will maintain parity between the products you offer through Your Sales Channels and the products you list on the TwoTweet Site by ensuring that at the Selling on TwoTweet Launch Date and thereafter: (a) the Purchase Price and every other term of offer and/or sale of Your Product (including associated shipping and handling charges, Shipment Information, any "low price" guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable return and refund policies) is at least as favorable to TwoTweet users as the most favorable terms upon which a product is offered and/or sold via Your Sales Channels (excluding consideration of Excluded Offers); (b) customer service for Your Products is at least as responsive and available and offers at least the same level of support as the most favorable customer services offered in connection with any of Your Sales Channels (this requirement does not apply to customer service for payment-related issues on Your Transactions, which we will provide); and (c) the Content, product information and other information under Section S-1.1 regarding Your Products that you provide to us is of at least the same level of quality as the highest quality information displayed or used in Your Sales Channels. If you become aware of any non-compliance with (a) above, you will promptly compensate adversely affected customers by making appropriate refunds to them in accordance with Section S-2.2. For TwoTweet-Fulfilled Products, we acknowledge that if the shipping and handling charges associated with the sale and delivery of any of Your Products listed for sale on the TwoTweet Site are included in (and not separately stated) the purchase price listed for Your Product on the TwoTweet Site (collectively a "Shipping Inclusive Purchase Price"), then the parity obligation in (a) above will be satisfied if the Shipping Inclusive Purchase Price and each other term of offer and/or sale for the product on the TwoTweet Site are at least as favorable to TwoTweet Site users as the purchase price and each other term of offer and/or sale for the product (including any and all separately stated shipping and handling charges) pursuant to which the product is offered and/or sold via any of your sales channels other than the TwoTweet Site.

S-5 Fees

You will pay us: ) the applicable Variable Closing Fee; during the term of this Agreement. With respect to each of Your Transactions: (y) "Sales Proceeds" has the meaning set out in the TwoTweet Services Business Solutions Agreement; and (z) "Referral Fee" means the applicable percentage of the Sales Proceeds from Your Transaction through the TwoTweet Site specified on the Selling on TwoTweet Fee Schedule at the time of Your Transaction, based on the categorization by TwoTweet of the type of product that is the subject of Your Transaction; provided, however, that in the case of Your Transactions that consist solely of products fulfilled using Fulfillment by TwoTweet or Media Products, Sales Proceeds will not include any shipping charge set by us). With respect to each of Your Transactions through the TwoTweet Site that include a Media Product, the "Variable Closing Fee" means the applicable fee specified on the Variable Closing Fee Schedule.

Variable Closing Fee Schedule
a)Fifteen Percent (15%) of Gross Revenue for Vendors with less than $10,000 per month in Sales Proceeds. b)Twelve and one-half percent (12.5%) of Gross Revenue for Vendors with Sales Proceeds between $10,000.01 - $24,999.99 per month c)Ten percent (10%) of Gross Revenue for Vendors with Sales Proceeds $25,000.00 or greater in a given month.

S-6 Remittance of Sales Proceeds & Refunds

Except as otherwise stated in this Agreement (including without limitation Section 2 of the Business Solutions Agreement), we will remit to you on a monthly(30 day) (or at our option, more frequent) basis any Sales Proceeds collected by us or our affiliates but not previously remitted to you as of the date that is two (2) business days prior to the date of remittance (the "Remittance Calculation Date") (which you will accept as payment in full for the sale and shipping and handling of Your Products), less: the applicable Variable Closing Fee, if any, due for such sums. When you either initially provide or later change Your Bank Account information, we may delay any remittance of sums due to you by up to 7 days. You will not have the ability to initiate or cause payments to be remitted to you. If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us (or our affiliate), we will refund to you the amount of the Referral Fee paid by Vendor to us attributable to the amount of the customer refund (excluding any refunded taxes), less the lesser of: (y) five dollars ($5); or (z) twenty percent (20%) of such Referral Fee, which amount we may retain as an administrative fee; provided, however, that in the case of a complete refund of sales proceeds for a Media Product, we will refund to you the full amount of the Variable Closing Fee paid by you to us (and in the case of a partial refund of sales proceeds for a Media Product, we will not refund to you any portion of the Variable Closing Fee paid by you to us). We will remit any amounts to be refunded by us pursuant to this subsection from time to time together with the next remittance to be made by us to you.

S-7 Control of Site

Notwithstanding any provision of this Agreement, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the TwoTweet Site and the Selling on TwoTweet Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to, the TwoTweet Site and the Selling on TwoTweet service and any element, aspect, portion or feature thereof (including any product listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Vendor not to list, any or all products in our sole discretion.

S-8 Effect of Termination

Upon termination of these Selling on TwoTweet Service Terms, all rights and obligations of the Parties under these Service Terms will be extinguished, except that the rights and obligations of the Parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term. Selling on TwoTweet Definitions

"TwoTweet-Fulfilled Products" means any of Your Products that are fulfilled using the Fulfillment by TwoTweet Service.

"TwoTweet Refund Policies" means the return and refund policies published on the TwoTweet Site and applicable to products sold via the TwoTweet Site by an affiliate of the TwoTweet Contracting Party.

"Estimated Ship Date" means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that TwoTweet designates as requiring shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.

"Excluded Offer" means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) has attempted to make available through the TwoTweet Site but that we do not honor or support (but only until such time as we honor or support the same); or (b) makes available solely to Third Parties that either (i) purchase products solely for resale and who are not end users of such products (i.e., wholesale purchasers), or (ii) have affirmatively elected and opted-in to participate in your and/or one of its affiliates' membership-based customer loyalty or customer incentive programs.

"Media Product" means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, and/or other media product in any format, including any subscription therefor.

"Purchase Price" means the total amount payable or paid for Your Product (excluding taxes and shipping and handling charges).

"Remittance Calculation Date" is defined in Section S-5.2.

"Required Product Information" means, with respect to each of Your Products, the following (except to the extent expressly not required under Program Policies): (a) description; (b) SKU and UPC numbers and other identifying information as TwoTweet may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by TwoTweet from time to time); (d) categorization within each TwoTweet product category and browse structure as prescribed by TwoTweet from time to time; (e) digitized image that accurately depicts only Your Product and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality therefor); (h)any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or sale of the Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalog; and (p) any other information reasonably requested by us (e.g., the condition of used or refurbished products).

"Vendor-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by TwoTweet Service.

"Selling on TwoTweet Launch Date" means the date on which we first list one of Your Products for sale on the TwoTweet Site.

"Shipment Information" means, with respect to any of Your Products, the estimated or promised shipment and/or delivery date.

"Street Date" means the date(s), if any, specified by the manufacturer, distributor and/or licensorof a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, .edu, .ca, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).

"Your Transaction" is defined in the Business Solutions Agreement; however, as used in these Service Terms, it shall mean any and all such transactions through Selling on TwoTweet only.