Access to and use of OptionCart Scripts, including the Deluxe Catalog and Site Builder systems, constitutes acceptance of the following terms and conditions. Brandable Web, LLC may update or change these terms at any time. It is the responsibility of the Reseller to revisit the terms periodically, as the Reseller is bound by the terms listed on this page. No venture or partnership between the Reseller and Brandable Web is formed by this agreement, the use of the optioncart.com web site, or the use of the OptionCart Scripts.
The Reseller must agree to all the terms provided below:
WHEREAS, the Reseller is a professional web designer or web site owner of good standing; and
WHEREAS, Brandable Web, LLC has created the OptionCart Scripts which the Reseller wishes to license for purposes of sale to Clients; and
WHEREAS, the Reseller wishes to use the OptionCart Scripts to create projects for sale to Clients; and
WHEREAS, there is no venture or partnership made between the Reseller, Developer and/or Clients by this agreement;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
Warranties: All materials provided in the OptionCart Scripts are presented with the belief that they are in good working order, and that the structure is valid. However, Brandable Web, LLC will not guarantee the completeness or functionality of any page or structure in the files or installation. The OptionCart Scripts are provided by Brandable Web, LLC "as is" and "with all faults". No warranties or guarantees are provided for the OptionCart Scripts.
Liability: The Reseller agrees to indemnify and hold Brandable Web, LLC harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of the OptionCart Scripts at any time and by any party. In no way will Brandable Web, LLC be held liable for any use of the OptionCart Scripts by the Reseller or the Reseller's Clients.
Requirements: Web servers running the OptionCart Scripts must have PHP 5.3.0 and mySQL 5.0.67 or higher (earlier versions are not supported but may work) and phpMyAdmin. Resellers' Clients must have a Mals-E account for the use of this OptionCart Catalog, as no stand alone shopping cart system is provided. Inventory control and sales storage through OptionCart will not be automated on any web site that uses third party payment systems that do not utilize the Mals-E http call feature, which include but are not limited to LinkPoint, Mirapay, Netbanx, Nochex, PayByCheck and PSIGate. A list of these systems can be found at http://www.mals-e.com/processors.php. It is the Reseller's responsibility to ensure that all of these requirements are met before purchasing the OptionCart Scripts.
Responsibilities: The Reseller accepts all responsibilities for the use of the OptionCart Scripts. The Brandable Web, LLC will not be held responsible for any inappropriate use of a web site, shopping cart or company policies from a company or individual using the OptionCart Scripts. The Brandable Web, LLC cannot be held responsible for any use of the OptionCart Scripts on any server.
Discounts: Resellers may receive discounts to this license fee based on the cumulative number of OptionCart Reseller Licenses of the same system purchased by the Reseller. Discounts apply only to future purchases of Reseller catalogs, and will not be applied to the cost of any current or past purchases unless prior authorization has been made.
OptionCart Deluxe Catalog Reseller Licenses:
Level 1: 1 Licenses Purchased - 0% discount ($45.00 ea)
Level 2: 2-4 Licenses Purchased - 5% discount ($42.75 ea)
Level 3: 5-9 Licenses Purchased - 10% discount ($40.50 ea)
Level 4: 10-99 Licenses Purchased - 15% discount ($38.25 ea)
Level 5: 100-249 Licenses Purchased - 20% discount ($36.00 ea)
Level 6: 250+ Licenses Purchased - 25% discount ($33.75 ea)
OptionCart Site Builder Reseller Licenses:
Level 1: 1 Licenses Purchased - 0% discount ($85.00 ea)
Level 2: 2-4 Licenses Purchased - 5% discount ($80.75 ea)
Level 3: 5-9 Licenses Purchased - 10% discount ($76.50 ea)
Level 4: 10-99 Licenses Purchased - 15% discount ($72.25 ea)
Level 5: 100-249 Licenses Purchased - 20% discount ($68.00 ea)
Level 6: 250+ Licenses Purchased - 25% discount ($63.75 ea)
An additional per-order discount of 10% will be given if a Reseller purchases 10 or more Deluxe Catalog or Site Builder Reseller Licenses (up front pricing only) at one time,
in one order.
OR a per-order discount of 25% will be given if a Reseller purchases 25 or more Deluxe Catalog or Site Builder Reseller Licenses (up front pricing only) at one time, in one order.
OR a per-order discount of 30% will be given if a Reseller purchases 100 or more Deluxe Catalog or Site Builder Reseller Licenses (up front pricing only) at one time, in one order.
OR a per-order discount of 35% will be given if a Reseller purchases 250 or more Deluxe Catalog or Site Builder Reseller Licenses (up front pricing only) at one time, in one order.
Resellers may purchase bulk licenses and assign web site key codes to the licenses at a later date if desired, to receive the quantity discounting.
Fee Changes: The Brandable Web, LLC, may update these costs and/or discount levels at any time. However, the Reseller will be notified via email and given 3 months before cost changes will be made. At that time, Resellers will be asked to agree to a new Reseller agreement with the updated costs and discount structure.
Demo Catalog: Brandable Web, LLC will provide, free of charge, a demo OptionCart Deluxe Catalog and Site Builder License to be used on the Reseller's own web site. This catalog can only be used for demonstration of the system, and cannot be used in actual e-commerce purposes.
Updates: Resellers will receive, at no additional cost, any update that includes fixes or any script modifications that are necessary to the current system's proper operation, or for new version upgrades of the same script.
Refunds: Refunds for the license fees paid to date for any license will be given to any Reseller whose Client does not have the requirements needed to run the OptionCart Catalog, or are otherwise unable to use the script and who has purchased a Reseller License within the past 30 days. For a refund to be given, the Reseller must sign a letter of destruction, provided by the Brandable Web, LLC, stating that the catalog is no longer being used on that site. Refunds apply only to the OptionCart Reseller License and do not apply to any additional costs, including installation or customizations. Refunds will only be given within 30 days of the date on which the OptionCart Catalog was ordered; after this time a refund cannot be given.
Transfers: If the Reseller's Client wishes to change domain names or cancel services with the Reseller, that Reseller may choose to transfer the license to a new domain URL. Reseller licenses may be transferred to a new domain up to 365 days after purchase. Transfers are ubject to approval by the Brandable Web, LLC, and a signed letter of destruction may be necessary for the original site for the transfer to be processed.
Customization: The OptionCart Scripts are provided as-is and do not include customization to the script of any kind. The Reseller may customize the OptionCart Script as desired, provided each customization is used for a single web site and company only, or is a resold script not currently competing with any existing OptionCart scripts. The user will not hold the Brandable Web, LLC responsible for any damages caused by the Reseller's customization of the OptionCart Catalog, nor will Brandable Web, LLC be held liable to fix problems that arise from any customization or incorrect installation by the Reseller.
Resales: The OptionCart Scripts may be resold by the Reseller, provided the scripts are monitored by the Reseller, and the Reseller processes all sales through the OptionCart reseller area. The Reseller is responsible for handling all support for their clients or resellers. Resellers may not resell OptionCart scripts to any reseller who will sell the scripts to third level resellers, without written permission by Brandable Web, LLC.
Download Offerings: Resellers may not resell the OptionCart Scripts as a downloadable system, where files can be downloaded from a server outside OptionCart, without written permission from Brandable Web, LLC. Resellers may only include the OptionCart Catalog within Client projects or as an installed catalog system, unless written permission is given.
Branding: Resellers may brand the OptionCart Deluxe Catalog or the OptionCart Site Builder system to contain logos, text, colors and other design elements. The Reseller is not required to mention the OptionCart site or the Brandable Web, LLC company information within the script files, on the Reseller's web site or in their correspondence with Clients. Resellers cannot, however, resell the OptionCart catalog to other Resellers, or as a downloadable system, as their own system without prior written permission, via email, mail or fax, from the Brandable Web, LLC. Brandable Web, LLC agrees not to contact, discuss or otherwise work with a Reseller's Client unless that Client makes initial contact with the Brandable Web, LLC outside the Reseller's domain or if the Reseller is breaching the OptionCart Catalog terms of service, at which time the Brandable Web, LLC will first contact the Reseller. The Brandable Web, LLC will contact the Reseller should any of the Reseller's clients contact us directly. The Brandable Web, LLC agrees not to use the Reseller's Clients in its own portfolio.
Support: The Brandable Web, LLC will provide online support for OptionCart Catalog Resellers who need assistance installing or using any OptionCart Reseller Script. However, support will not be extended to the Reseller's Clients; the Reseller is responsible for providing all support to their Clients.
Discontinuation: Brandable Web, LLC reserves the right to discontinue distributing the OptionCart Catalog system, and may refuse or revoke the use of the system to any reseller for any reason at any time. The Brandable Web, LLC is not responsible for contacting users of the system for this discontinuation. The system will not be provided to resellers known to be selling illegal items or services or discriminatory items or services, nor will it be provided to resellers known to be under 18 years of age. The system will not be allowed on any site that sells illegal or discriminatory items or services, nor on any site that sells pornographic ("adult") items or any items that cannot be viewed by all ages, including children. The catalog will also be revoked from any reseller using inappropriate methods of promotion, such as spamming email addresses.
Past Due Accounts
Resellers whose accounts are two months past due will have their subscription privileges removed permanently, reseller status and full license purchase abilities temporarily removed, and support services through phone, email or support desk suspended until the reseller's account is made current via payment arrangements decided upon between the reseller and OptionCart. After accounts are up to date, the ability to purchase licenses and receive support through OptionCart will be reinstated. However, the ability to purchase licenses via payment plan may no longer be allowed. Resellers whose accounts are three or more months past due will be subject to termination of their OptionCart reseller account.
Adult (Pornographic) Items: Brandable Web, LLC, will not provide systems to sites selling any adult items. These items are defined as items that are intended for adults only, or are not suitable for children, and include sales of novelty items displaying genitalia. If a site is found to add such items after purchasing the system, Brandable Web, LLC holds the right to deny the use of an OptionCart license on the site, and will offer a refund for the system. Any reseller who creates a site with the OptionCart system on which adult items are displayed will be asked to remove the system from the site; if the site will not be removed, Brandable Web, LLC holds the right to disable that reseller's account until the reseller removes the adult items from the site.
License Revoking: Licenses will be revoked, and a Reseller may lose their reseller status, if in the design of this site, the Reseller has used another company's web design or intellectual property, including graphics, text, third party scripts or other web elements, and have not received permission nor have been granted rights to use those elements to create the site. Licenses will be revoked, and a Reseller may lose their reseller status, if the site changes focus and no longer fits the OptionCart terms of service, selling illegal, pornographic or discriminitory items or services.
Data Backup: The Reseller agrees to back up all pages and information added via OptionCart Scripts for their Clients. In no way will the Brandable Web, LLC be responsible for the loss or destruction of any parts of the OptionCart Catalog or information entered using the OptionCart Scripts. If a web host loses an OptionCart Script, or if a Reseller moves their site to a new web host, and data or files are lost as a result, no guarantee can be made that any of the previous files or database information can be recovered.
Security: No guarantees can be made regarding the security of any part of the OptionCart Scripts, including, but not limited to, the administration area. All Resellers are responsible for ensuring that the OptionCart Scripts are functioning securely for the Resellers' Clients. The password protection system included with the OptionCart Catalog is no guarantee of security. No private information should be added to an unsecure server that holds the OptionCart Scripts.