The term “Mighty Deals” or “us” or “we” or “our” refers to Mighty Deals LLC, the owner of the Web site www.mightydeals.com. The term “the Site” refers to the Mightydeals.com website. The term “you” refers to the vendor/provider of the product or service that will be sold through the mightydeals.com Web Site. By signing this agreement electronically, you’re allowing us to sell your product(s) and or services as specified in the details you enter in your submission.
1. Limited License; Permitted Uses
If you have not chosen to sell a limited quantity, we have permission to sell an unlimited amount for the full duration of the deal. We only have permission to sell this product(s) or service(s) for the duration of the deal and we are allowed to use any of your digital assets in promotions. Mighty Deals may also use your products for testing purposes prior to the deal launch to ensure proper functionality, particularly with courses and software. We may choose also to disclose the total amount of sales generated by your deal.
2. Rights and Responsibilities
We have the right to refuse any deal that is submitted to us. We will determine the date that the deal will be posted and whether it will be for 24 or 48 hours. Once a deal has been approved, it cannot be edited. A deal that has already been approved can only be edited by us. Any changes to an approved deal must be requested in writing. We reserve the right to cancel a live or pending deal at any stage. We may promote this deal in different ways that we see fit and for what we feel will be beneficial to generate the most sales within legal practices. For deals for products where you have your own license agreement, we take no responsibility for any possible disputes regarding your license agreement. This is between you and the client. You agree that you are the owner of the products/services that you are selling and that, to the best of your knowledge, you are not violating any copyright laws. By agreeing to these terms and submitting this deal, you acknowledge that, to the best of your knowledge, you have created and/or have full rights to distribute the product that you are submitting, including any suitable redistribution rights for any third party code elements which may be included in this product, such as scripts, plugins, images, graphics, and other third party material.
3. Sales and Payment
We do not and cannot make any claims in regards to the amount of sales that you will receive and cannot guarantee any number. Sales can be tracked in real time through the client login interface. We will collect all payments. You will not have access to any personal customer data, unless this is specifically required for the purpose of licensing the product or service on your end. In such an event, this must be clearly stated in the terms and conditions of your deal in order to comply with the privacy policy that customers will need to agree to. For all payments received, PayPal billing or merchant credit card processing fees will be deducted. We will take 60% from the remaining amount, of which you will receive the remaining 40% (unless we have arranged a different agreement with you). Payments are made via PayPal on the first business day of each month on all sales that are more than 30 days old. PayPal’s Mass Payment fees will be deducted from each payment sent. The fees are currently 2% of the amount sent up to $1 per $10,000 for PayPal account holders located in the USA/Canada and up to $20 per $10,000 maximum for PayPal account holders located outside of the USA/Canada.
4. Chargebacks and Refunds
We offer a full 30 day satisfaction refund policy to our customers on all deals. If, for some reason, you cannot abide by this for your deal, please contact us to discuss this. In the event of a chargeback or refund, the amount owed to you on the transaction will be deducted from your payment. If a chargeback or refund should occur after you have been paid by us, we will request that you return the amount for these transactions to our PayPal account.
5. Confidentiality
The number of sales or earnings for your deal, as well as any particular terms and conditions of your deal that you have made on Mighty Deals should remain confidential information between you and Mighty Deals. This information may not be shared with third parties (such as other deal sites), unless required for legal or accounting purposes only, or unless you have written permission from Mighty Deals.
6. Deals on your own and other websites
You agree not run your deal on another website (including your own site) while your deal is still running on Mighty Deals and also for 30 days after your deal has terminated on Mighty Deals, unless you have written permission from Mighty Deals. You also agree not to lower the sale price on your own website or other deals sites below the Mighty Deals price, for a period of 90 days after your deal has terminated on Mighty Deals. This also applies to variations of the products in different configurations, which would amount to the cost per unit not being less the price on Mighty Deals for 90 days after your deal has terminated on Mighty Deals. You also agree not to include this product, as part of a bundle on another website, for 90 days after your deal has terminated on Mighty Deals. We reserve the right to withhold any payments for whatever amount we deem necessary for damages, compensation and possible refunds, should you fail to comply to this condition.
7. Customer information
In the event that you run a deal, which requires receipt of the information of customers, such as their names and email addresses, you agree to ensure that the customer information is not used for anything other than to provide support, or updates for the product that they purchased. For example, customers’ email addresses cannot be added to any marketing emails or cannot be re-sold to supplied to any third parties. This includes situations where customers sign up at your website using a coupon code, provided with their purchase of your deal, as well as customer information that is sent via a script that you provide to generate license keys, or anything similar to this.
8. Ownership
You retain full rights and ownership to your own products and/or services. We do not make any claims of ownership of the product or service and it will be marketed with your company name clearly displayed. You have no claim on the site, or on any other third party products sold or promoted through the site. This agreement does not constitute a partnership between us. We are acting as an agent on your behalf, only for the products listed on this form an only for the duration of this agreement. If you are hosting software files with us, we agree to host your files in a secure manner and to do everything possible to prevent unauthorized access to these files. These files will be hosted for the period that the customers will be able to download them. We do not have permission to use these files for our own purposes or for any other form of free or paid distribution, other than through the sale of these files for the deal that you are submitting.
9. Editing and listing of deals
We may list the details of the deal in a section of the site relating to previous deals. The sale price for this product or service as well as any text relating to the deal that you have entered may be edited by us. If we choose to edit this, the revised text and/or pricing will be confirmed with you via email at least 24 hours before the deal goes live. We will inform you via email as to the date when your deal will go live. In some cases, we may inform you of the week during which the deal will go live as opposed to the exact date. Deals that have not been approved yet can be edited by you at any time.
10. Features and Changes to our website
We reserve the right to make amendments to our Web Site functioning or add/remove features at any time.
11. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your intentional violation of this Agreement or use of this service.
12. Use of Information
We reserve the right, and you authorize us, to publicize the details of the deal that you are submitting to us on our Site. This includes, but is not limited to, your company name, company logo, company website URL, the regular price of the product(s) and/or service(s) that you are selling, the number of sales for this deal, etc. We may choose to feature any or all of these details in a past deals and/or list of companies section of the Site. We will not display any personal information, such as your personal name, payment information or mailing/email addresses. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.