Member hereby acknowledges and agrees to the following terms and conditions related to the Propel Program:
- CEDIA may, and will, provide to suppliers participating in the Propel Program (the "Suppliers") the Member's name and contact information, and such other information about Member as reasonably requested from any Supplier from time to time in connection with the Propel Program. CEDIA will have no obligation to inform Member in advance of or following any such provision of information. CEDIA will have no liability for any actions or inactions of the Suppliers related to any information disclosed to them.
- Member and the applicable Supplier will be exclusively responsible for all ordering, invoicing and shipment of products or services from any Supplier, with CEDIA having no obligations related thereto. All payments will be made directly to Supplier and in no event shall any payment for products or services by made to CEDIA.
- CEDIA makes no representation or warranty, express or implied, related to (i) any products or services of a Supplier or (ii) any arrangement with a Supplier for purchase of products or services, whether part of the Propel Program or not. Member will look solely to the applicable Supplier in the event of any claims related to the products or services of a Supplier or the ordering and purchase thereof.
- The applicable Supplier will be exclusively responsible for any damaged, non-conforming or defective products or services, with CEDIA having no obligations related thereto.
- The applicable Supplier will be exclusively responsible for any product returns or replacements, with CEDIA having no obligations related thereto.
To the extent Member desires to make any purchases from Amazon from Amazon at the discounted rates available through the Propel Program, Member acknowledges and agrees to the following terms as required by Amazon:
- Member agrees to the Amazon Business Accounts Terms & Conditions, as updated by Amazon from time to time and in its sole discretion, and the current version of which (as of November 1, 2020) is available through https://www.amazon.com/business/register/terms-and-conditions?ref_=ab_reg_notag_ul_tcn_ab_reg.
- In order to order "Eligible Devices" from Amazon, Member will be required to establish a Business Account with Amazon. CEDIA will have no obligations related to the foregoing.
- Member may only distribute or sell Eligible Devices to homeowners, electronics or home installers or home builders or as part of a Permitted Bundle, which for this purpose shall mean the sale or distribution by Member (which are only provided at no cost or for a discount) of an Eligible Device to a subscriber of Member's everyday services or promotions and in no event on a standalone basis, in connection with a customer's purchase of a service, creation of an account, renewal or other interaction with Member.
- All Eligible Devices returned to Member by its customers must be returned to Amazon through the Amazon Business systems (or other system that may be specified by Amazon) and may not be resold or redistributed by Member.
- Member must direct end user support inquiries related to Eligible Devices or Amazon accounts to Amazon (and through any method Amazon may designate).
- Member may not sell, rent, or lease Eligible Devices: (a) for resale except as permitted by paragraph 3 above; (b) for export outside the 48 contiguous states of the United States, the District of Columbia, Alaska and Hawaii (the "Territory"), either directly or indirectly; (c) for use by public or private nonprofit educational institutions; or (d) in response to a public advertisement or notice issued by a public body or authority, including pursuant to a public procurement procedure.
- Member may sell Eligible Devices only through its own physical retail stores and kiosks in the Territory and online but only from Member's own website(s) and only for delivery in the Territory, and may not sell or distribute Eligible Devices through any other channels, including catalog, wholesale, liquidation, affiliates, franchisees, or other channels or methods, unless approved in writing by Amazon.
- Member may not make any representations, warranties, or guarantees to its customers or any other third party with respect to the specifications, features, or capabilities of Eligible Devices, other than those representations, warranties, and guarantees provided with the product information provided by Amazon to Member, including all disclaimers (if any) contained in such product information.
- Member may not open, unseal, tamper with, sticker, or otherwise modify Eligible Devices or their packaging, and will ensure that each Eligible Device distributed to a consumer by Member is in the original packaging, so as to prevent damage to Eligible Devices.
- Member may not market to customers any accessories as intended for use with Eligible Devices other than accessories sold by Amazon to Member under the Amazon Business Terms and other accessories procured by Member from third parties and for which Amazon has licensed the use of an Amazon Mark indicating compatibility with Eligible Devices.
- To the extent Amazon has provided its written consent to Member's disclosure of sales, returns, or other information regarding Eligible Devices (collectively, "Data") to third party industry data aggregators, Member may not authorize or permit any such third party industry data aggregator to disclose any such Data, whether alone or in combination with other data, in any manner that would allow the identification or extrapolation of the Data, including but not limited to as part of market segment data, or in a manner that would permit comparisons with other market sales or returns data.