Subscriber Agreement

By entering one's ID and Password you are agreeing to the following:

NETWORK COMMERCE INT'L, LLC, a Minnesota LLC, having its principal office at 131 NW First Ave,  Delray Beach, Florida 33444, (hereafter called "Provider")

Entity entering their ID and Password (hereinafter called the "Subscriber").

BASED UPON the mutual covenants set forth, Subscriber agrees to the following:

1. SERVICES

During the term of this Agreement Provider will permit the Subscriber to have access to the internet based network and communications services operated by Provider called ATN. Access will be available via the internet transmitted to Provider's web server. Provider's server is normally available for access 24 hours a day, 7 days a week. Subscriber must procure, operate, and maintain all communication hardware and software necessary to access the ATN. Provider is only responsible for the ATN and the system operating the ATN.

2. TERM

This Agreement shall remain in force until terminated in accordance with the provisions of termination listed below.

3. PRICE / PAYMENT

The Subscriber shall make payment to the Provider described as follows.  Price for the ATN Service is $100 per month for ASCDI Members and $150 for Non ASCDI Members. Provider may at any time change such established price schedules. These prices do not include any applicable sales, use, excise or similar taxes which may be imposed by federal, state and local governments with respect to the ATN. Subscriber is responsible for all taxes.

Subscriber will automatically be billed monthly via Subscriber's Credit Card. In the event any invoice is not paid when due, Provider (reserving all other remedies and rights under this Agreement and at law) at its discretion, and with five (5) days prior written notice to the Subscriber, may either suspend furnishing ATN or terminate this Agreement.

4. USE OF SERVICES

Subscriber shall enter only accurate and genuine data on ATN, and will not enter data or use the ATN for any improper or illegal purpose.   Improper data includes but is not limited to the solicitation of employees, the making of disparaging statements against others, the sale of items other than technology equipment  and/or the marketing/promotion/solicitation of trading networks or trade associations other than the ATN and the ASCDI.  Subscriber shall indemnify Provider from any loss arising out of the improper use of ATN including the publication of libelous material.

Provider shall not exercise any right of prior review or engage in censorship of any kind.

5. RIGHTS IN DATA

All data entered by Subscriber and by other users of ATN shall be considered "ATN Data". Use of the ATN Data is limited to the Subscriber's internal use and distribution only. ATN Data may not be republished, recompiled, or disseminated for use by third parties for commercial purposes. No license in Provider's software, programs, logo, or systems is implied or intended.

 

6. LIMITATION OF LIABILITY & WARRANTY

Provider shall not be liable, on any theory of liability whatsoever, for any incidental, special, indirect, consequential or exemplary damages arising from use of ATN or ATN Data. Provider makes no representations, warranties, promises, statements or affirmations as to the ATN or the ATN Data entered therein or the performance thereof. ANY WARRANTIES IMPLIED BY LAW ARE HEREBY DISCLAIMED AND EXCLUDED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. ETHICS CODE

Subscriber agrees to be bound by the code of ethics of the Association of Service and Computer Dealers, International, including participation in any ethics review process. Failure to do so may result in removal from the ATN Network. A copy of said Ethics Code is included at the end of this Agreement.

8. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of Minnesota, USA. Neither this Agreement nor any rights or obligations under this Agreement may be assigned or otherwise transferred by the Subscriber without the prior written consent of Provider.

9. TERMINATION

The Subscriber may terminate this Agreement upon fifteen (15) days prior written notice to Provider in the event Provider changes its established price schedule. Provider may terminate this Agreement for nonpayment of charges or for other substantial cause upon five (5) days prior written notice. Either party may terminate this Agreement without cause as of the first day of any month by giving thirty (30) days prior written notice.

10. ENTIRE AGREEMENT

This Agreement supersedes any and all prior representations, conditions, warranties, understandings, proposals, or previous agreements between the parties hereto, oral or written, in relation to the ATN, including without limitation, the terms of any purchase order submitted by the Subscriber, and constitutes the sole, full and complete Agreement between the parties hereto.

Subscriber acknowledges that they understand and agree to this Subscription Agreement in its entirety.

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CODE OF PROFESSIONAL CONDUCT AND PRACTICES
Members of the Association of Service and Computer Dealers, International (the "ASCDI") and Subscribers to the Association of Service and Computer Dealers, International Trading Network ("ATN") have pledged to honor and abide by the Code of Ethics (the "Code") to ensure the public of high standards in all dealings with ASCDI Members and ATN Subscribers. The ASCDI seeks to enforce the Code through an Ethics Committee consisting of members of the ASCDI which considers alleged violations and renders Sanctions, including expulsion from the ASCDI and suspension from the ATN. The Code reflects the dedication of the Members of the ASCDI and Subscribers to the ATN to maintain the highest level of ethics and responsibility in their relationship with the public, other dealers and customers.

The Code
Members of the ASCDI and Subscribers to the ATN agree to the following:

Article I
To maintain and enforce high standards of ethical professional conduct making Membership in the ASCDI a recognized mark of experience, integrity and competence.

Article II
To regard as confidential all information concerning the business and affairs of the customer.

Article III
To conduct business in a manner which brings credit to and enhances the reputation of the service and computer dealer industry.

Article IV
To publicize products and services in a professional manner, avoiding all conduct, practices and promotions likely to discredit the industry.

Article V
To broaden public understanding and enhance confidence in the computer dealer industry so that users will be encouraged to use Member products and services as their primary resource.

Article VI
In keeping with these principles, Members of the ASCDI and Subscribers to the ATN make the following pledge:

a) To follow through and complete any agreement made verbally or otherwise to any ASCDI Member or non-member, prospect or customer.

b) To conclude a transaction in a competent and professional manner once the parties have agreed to complete a specific transaction.

c) To honor an offer that has been accepted as expeditiously as possible.

d) To fully disclose all limitations on the authority of an employee or agent representing a Member or Subscriber to a transaction.

e) To use only one name, identity or affiliation in all negotiations or in a competitive bidding environment.

f) To refrain from disparaging others by statement or innuendo.

g) To respond to any complaint alleging violation of the Code and participate in all proceedings prescribed by the ASCDI Board of Directors.

Conclusion
The Ethics Committee reviews infractions of the Code with regard to ethical behavior and the integrity of its Members and ATN Subscribers. Members found in violation of the Code will be subject to disciplinary action, including suspension or expulsion from the ASCDI and/or the ATN.