Endless Aisle Product Terms (the “Product Terms”)
Last Updated: December 14th, 2020
Pursuant to an applicable Quote, these Product Terms are governed by and form a part of the terms of the Agreement as defined in the iQmetrix Master Services Agreement, located at www.iqmetrix.com/legal/general/msa, as it exists at the time of Subscriber’s execution of the applicable Quote.
1.2 Any undefined capitalized terms used in these Product Terms will have the meanings ascribed to them in the Agreement. In the event of any direct conflict or inconsistency between the terms of these Product Terms and the terms of the Agreement, the terms of the Agreement will control.
1.3 The “Endless Aisle Services” are Services that allow Subscriber to populate an interactive touchscreen with rich content to allow Subscriber’s in-store customers to browse and compare thousands of products whether they are in-stock or not. The Quote sets out the current general Fees and package descriptions for the Dropship Services and Endless Aisle Services.
2.1 All Monthly Subscription Fees shall begin to accrue on the 60th day following the Effective Date of the applicable Quote and shall be paid and invoiced on a monthly basis, and any initial deposit will be applied against the first month’s invoice. All other Fees will be invoiced in the month incurred. All Monthly Subscription Fees shall thereafter are due in advance on the first day of each month. All other Fees are due within 15 days of the date they are invoiced to Subscriber (unless Subscriber has executed an ACH Authorization Agreement, in which case Fees are due as of the date of the invoice).
3. Product Library Terms
3.1 Subscriber shall not receive any rights of any kind in or to any images, videos, text or other content derived from content held by iQmetrix as part of Product Library provided through the Software other than those rights to display such content as set forth in these Product Terms or the Agreement. For the purposes of these Product Terms, “Product Library” means the catalogue of content available to Subscriber through its use of the Endless Aisle Service. Subscriber shall retain ownership of any images, video, text or other content that it provides to iQmetrix for use exclusively by it as part of its use of the Software.
3.2 iQmetrix shall have the right at any time, without notice to remove or stop the use of any content contained in Product Library. Such removal or stoppage of use may be temporary or permanent in iQmetrix’ full discretion. iQmetrix shall use reasonable commercial efforts to advise Subscriber of the removal or stoppage of use of any content if Subscriber is using the content in question at the time of its removal from Product Library.
3.3 iQmetrix shall not be responsible for any error or inaccuracy in any content contained in the Product Library or provided to it by Subscriber. Subscriber shall as soon as commercially reasonably possible advise iQmetrix of any error or inaccuracy in any content contained in the Product Library of which it becomes aware or of which it has knowledge.
3.4 As Subscriber sole and exclusive remedy and iQmetrix’s sole liability, iQmetrix agrees to remove or correct any content contained in the Product Library within a commercially reasonable period of time after it is advised or becomes aware of an error or inaccuracy in any content.
4. Termination of Subscription Service at One or More Workstations or Locations
4.1 If the Subscriber wishes to terminate a Subscription Service for all Endpoints, section 16.1 of the MSA shall apply.