Do you have your own DVD/Video, book or training manual?
Join Marketing Edge Program
Increase your Sales with GymSmarts.com Marketing Edge Program:
GymSmarts.com Market ing Edge Program is a proven and powerful means of distribution and order fulfillment. Work directly with one of the Internet's leading retailers for gymnastics information products to market you products to customers.
- Your products are available to ship to customers within 24 to 48 hours.
- Leverage GymSmarts.com's remarkable selling power for all your gymnastic information products.
- Enjoy access to GymSmarts.com world class marketing programs.
- Receive prompt and easy payments as your products sells.
Who Joins GymSmarts.com's Marketing Edge Program?
If you're looking for a way to promote and sell your products on GymSmarts.com and you have worldwide distribution rights, you are a candidate for the Marketing Edge program. The program is currently available for books, ebooks, CD's, audio downloads and DVD's.
Have more questions about our program? Please email us.
Benefits of Selling through GymSmarts.com
- Sell your products 24/7
- Directly market to the Gymnastic Market
- Thousands of Visitors Monthly
- Worldwide Shipping
- Convenient Payment Terms
- Hassle-Free Fulfillment
How Does Marketing Edge work?
All you need to do is apply online to the Marketing Edge Program and submit one or more titles and description of the DVD, book, or e-book for consideration. If the application is approved we will give you instructions to mail the product to us for review. If the product is approved, we will ask you to provide descriptive content and to ship units to us. When customers purchase your titles, we process the orders within 48 hours. We monitor your inventory and automatically send you an e-mail request for additional copies based on customer demand*. There is and annual fee of $29.95 to join the program, and our commission rates are 50%.
How to Get Started
Getting started is easy. First, familiarize yourself with our complete Marketing Edge Program agreement and instructions & rules. Then complete the online application. After receiving your application, we will send you e-mail (typically within a week) indicating the next step.
We can also duplicate and package your products for you.
DVD Production
We are more than happy to produce and manufacture DVDs for you. If you have already have a master DVD, artwork to print on the DVD and the case, we will charge $4.00 per DVD.
If you have a videotape that you would like converted, we will charge a one time setup fee of $100 to convert to a DVD and develop the artwork for DVD menu, printing on the cover and the case. (1 hr 25 min max per DVD). After that, we will charge $4.00 per DVD. We will also retain distribution rights to the converted DVD. Call or email us for more details.
It's easy to join the GymSmarts.com Marketing Edge Program:
Before you begin, please review the following sections, then apply below. You will need to indicate that you understand the following requirements of the GymSmarts.com Marketing Edge Program.
- Instructions & Rules
- Limited License Grant
- Membership Agreement
Marketing Edge Instructions and Rules
1. Submit your GymSmart.com Marketing Edge application online.
- To enroll in GymSmart.com Marketing Edge, you must have a valid e-mail account and Web Access, and you must have worldwide copy and distribution right to the Title(s) you want to enroll. In addition:
- If your Title is a book, it must be bound with a cover that contains the Title of the book and be shrink-wrapped.
- If your Title is a audio CD:
- The title must be printed on and readable from the spine (the thin side of the CD) and be shrink-wrapped. The CD must have the title printed on the CD itself.
- If your Title is a DVD, it must be packaged in an Amaray style DVD case with an insert clearly showing the title and name of the author of the DVD on both the front and the spine. The DVD itself must have the title clearly printed on it. Each DVD must be shrink-wrapped.
- When you register the Title, you will choose a suggested retail price. You may choose any suggested retail price; however, business logistics prevent GymSmarts.com from holding any Title through consignment with a retail cost of less than $10.00. If your Titles includes a list price on its cover, we will consider that list price to be your suggested retail price.
- Each Title must also satisfy GymSmarts.com suitability standards. These standards currently relate to quality, value, subject matter, production standards, and compliance with intellectual property laws. In no event will we accept any Title that we decide in our discretion to be pornographic.
- Please note that videotapes and region encoded DVDs are not eligible for the Program.
Used or damaged products may not be sold via GymSmarts.com Marketing Edge Program.
If your application is successfully received, we will send you a thank-you e-mail within 48 hours. If you don't receive this e-mail, we did not receive you application, and we ask that you try again.
2. Receive an approval e-mail, followed by instructions to ship a copy of your Title(s)
- After receiving your application, we will send you an e-mail indicating whether or not to ship a copy of your Title(s).
- After reviewing your Title(s) we will send you an e-mail accepting or not accepting your Title(s). If you have been accepted, we will send you an initial order for the Title(s).
3. Confirm your order, and send copies of your Title.
- To confirm your order, simply send a e-mail reply acknowledging the order.
- Our initial order will be for a conservative number of Copies (usually between three and five). If your sales increase, we may order larger quantities in subsequent orders.
- Ship the requested number of copies of your Title to the given address. Cartons must be packaged so that the contents can withstand the rigors of transportation and receipt.
- Once we accept the requested number of copies of your Title(s) we will send you an e-mail confirming receipt and acceptance of the order.
- GymSmarts.com/TRB Design, Inc. will not issue compensation for packages or items lost in transit to us. Compensation for lost packages or items can only be issued if Proof of Delivery is available to indicate the item was in fact accepted by our fulfillment center. Proof of delivery to our fulfillment center must include all of the following information: (1) shipper's tracking ID number, (2) date and time of delivery, (3) location of delivery, (4) weight of the package upon shipment, (5) name of GymSmarts.com/TRB Design, Inc. receiver. Compensation for partially received shipments requires proof of the item's weight at the time of arrival at our fulfillment center. We strongly recommend choosing a shipping method that is traceable and/or insuring your parcel with your shipper.
4. Receive payments for copies sold.
- Payment is issued at the end of each quarter for copies sold during the quarter, less any returns. All Payments are made in US dollars.
- We will pay you by check mailed the last day of each quarter. We will accrue and withhold payments until the total amount due is at least $50.00.
5. Replenish your inventory
- When inventory of your Title gets low, GymSmarts.com will send you an e-mail requesting more Copies and will ask to verify receipt of the order. If a new edition or version of your Title version is available, the new edition or version cannot be substituted for the previous edition. If for any reason you cannot fill this or future orders, you need to send us an e-mail immediately. Failure to notify us of a change in status (i.e. out of stock or out of print temporarily or permanently may result is suspension of our GymSmart.com Title(s) and/or our account. We are happy to review the new edition(s) and update the shopping cart to reflect it.
If you choose to ship more than one order in one package, you must clearly segregate all items for each order and clearly identify each order within the package. Failure to do so may result in one or more orders not registering as complete and/or cause a delay in acceptance of the items
Limited License Grant.
By submitting content and other tangible or intangible materials to us (collectively, "Content"), you grant to GymSmarts.com (which, for purposes of this grant, means GymSmarts.com, TRB Design, Inc. and its affiliated companies) a royalty-free, nonexclusive, worldwide, perpetual, irrevocable right and license to: (a) use, reproduce, perform, display, and distribute any copyrightable works (e.g., creative text, images, and artwork), trademarks, or trade names included in the Content; (b) adapt, modify, reformat, and create derivative works of any Content; and (c) sublicense the foregoing rights, including but not limited to the right to sublicense to any individual or entity that enters into a joint marketing or referral relationship with GymSmarts.com or TRB Design, Inc. (such as members of GymSmarts.com's Marketing Edge Program.
You warrant that you have full authority to grant the licenses and permission described in this grant. You agree to indemnify, defend, and hold harmless GymSmarts.com from all claims, judgments, damages, and expenses (including reasonable attorneys' fees) that may arise out of any alleged breach of this warranty.
As used in this grant, the term "affiliated companies" includes any company that controls, is controlled by, or is under common control with GymSmarts.com or TRB Design, Inc.
The foregoing license does not extend to use by us of any of the internal content contained in the media products you deliver to us for sale, such as textual and musical content, except for any use that may be permitted by applicable law (such as excerpted text or sound clips), and except as you may otherwise agree
Marketing Edge Program Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or and entity's participation in the GymSmarts.com Marketing Edge Program (the "Program"). As used in the Agreement, "we" means GymSmarts.com or TRB Design, Inc. and "you" means the applicant. "Title" means any product that you would like to include in the Program, and "Copy" means each copy of a Title tat you deliver to us in connection with the Program. This Program is currently limited to Copies shipped to and from our fulfillment center. GymSmarts.com may sell the Titles through any website operated by or on behalf of a GymSmarts.com affiliate and/or any other website or other online point of presence through which GymSmarts.com offers, advertises or merchandises the Titles.
1. Enrollment in the Program
To begin the enrollment process, you must submit a complete Program application using our site on the World Wide Web. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion, including on the basis that you do not meet any requirements described in the Instructions and Rules.
If your application and Title is accepted into the Program we will charge a non-refundable annual membership fee of $30.00. This membership fee covers two Titles. More titles can be added under the agreement for an addition $15.00 ser up fee. If your membership is canceled or terminated, or if the terms of this Agreement is otherwise terminated for any reason, you will not be entitled to any refund of the annual membership fee.
2. Selection of Titles
As part of the enrollment process, you must identify one or more Titles that you would like to include in the Program. You may identify additional Titles at any time during your membership in the Program. We will evaluate each Title and will notify you of its acceptance or rejection. We may reject any Title at our sole discretion, including on the basis that it does not meet any requirements contained in the Instructions and Rules.
3. Orders
After we approve your Title, we will send you an order for the initial quantity. Thereafter, if your inventory of the Title falls below a minimum inventory level that we designate, we may send you an order for additional units. Notice of all orders will be sent by e-mail, and order details will be provide on the Account Maintenance page (described in the Instructions and Rules). Your must confirm each order as soon as possible following your receipt of the order, and in doing so, accept each order at least to the extent you have Copies of the ordered Titles in stock (i.e. your possession and control).
4. Shipping
Promptly following your acceptance of an order, you will ship the ordered Copies to us in accordance with our shipping instructions and the Instructions and Rules. All Copies must be properly packaged for protection against damage or deterioration that may occur during shipment, handling, or storage. You will prepay and bear all costs incurred to ship the Copies to the shipping destination (including, for example, costs of freight and transit insurance). If you are shipping internationally, you must list yourself as importer and nominate a customs broker: Our parent company TRB Design, Inc. should be listed as the ultimate consignee but cannot be listed as the importer. You are responsible for payment of all customs duties, taxes and other charges. Your package(s) will be delayed until you have paid these costs. Any costs assessed against or incurred by GymSmarts.com or TRB Design, Inc. will be debited against your account.
5. Acceptance and Risk of Loss
The risk of loss for each Copy will transfer to us only when we accept the Copy. You will be solely responsible for any loss of, or damage to, Copies that occur prior to such acceptance. We may reject any Copy if it is defective, damage, overage, (meaning that we did not order it from you). If we reject any Copy, we will return it to you at your expense. You authorize us to charge your account for such returns, or to withhold such shipping charges for payments due to you under this Program. Following any rejection, we may elect (at our sole discretion) to order a replacement Copy: if we return products to you, please do not send us replacement copies unless we send you a new order. We will store each accepted Copy or on our behalf until we purchase the Copy from you, we return the Copy to you, we destroy or liquidate the Copy pursuant to Section 9 (Returns), or this Agreement is terminated for any reason. In the case of loss of or damage to your Copies while stored by us or on our behalf, our risk will be limited to the price that we agreed to pay to you for such Copies per this agreement. We reserve the right to destroy, liquidate or otherwise dispose of any item for which we have not placed an order, at our discretion and without making any payment to you.
6. Availability Status
Your participation in the Program will affect the availability status of your Titles in our Store. Consisted and timely delivery of your shipments will result in our prompt (usually 48 hr) delivery to our customers.
7. Retail Price
We will not alter the price at which we agreed to sell your Title(s) to customers without prior consent from you.
8. Purchase and Payment
When we receive a valid customer order for a Title, we will purchase a Copy from your Program inventory (except as provided in Sections 9 and 15). For each Copy we purchase from you, we will pay an amount equal to 50% of the net receipts to GymSmarts.com. (If applicable: the net is the Retail price less any Affiliate commissions and/or production costs if we are producing the Title for you). Legal title to the Copy will transfer to us at the time we purchase the Copy from you. We will make payments on a quarterly basis, in arrears, in accordance with the Instructions and Rules. We can also choose to purchase Copies at any time, even if we have not received a customer order, by paying you the amount described above.
9. Customer Returns to Us & Our Returns to You
Except as provided otherwise in this Agreement, we will retain ownership of Copies that are returned by our customers, and we will store those Copies, at our cost, in our company-owned inventory. We reserve the right to fulfill customer orders from our inventory of returned Copies before we purchase or order additional copies from you. If we find that there is insufficient customer demand for your Title, we may choose to no longer carry the Title. In such a case, we will attempt to return all Copies to you. You will pay all charges (including packaging, insurance, and freight) incurred to ship copies from us to your location. For return shipments we make to international addresses, you must serve as the importer and nominate a customs broker and you will be responsible for paying customs duties, taxes and other charges. Also, if we have an outdated or incorrect address for you, or if we cannot charge to your account, we can choose to liquidate the Copies and keep the proceeds, destroy the Copies, or ship the Copies to you and deduct the charges from any payments due to you under this Program.
10. License; Representation and Warranties
You acknowledge that you have reviewed our Limited License Grantwhich includes your permission for us to use your book Titles in our Search Inside program, and agree to its terms with respect to materials you submit to us. You represent and warrant to us that (a) you have valid legal title to all Copies and all necessary rights to distribute the Copies and to perform this Agreement; (b) your sale of Copies to us, and that our worldwide promotion, distribution, and resale thereof, will not violate any contract by which you are bound or any applicable law or regulation; (c) you will deliver all Copies to us in new, merchantable condition; and (d) the Copies, and our worldwide promotion, distribution, and resale thereof, will not violate or misappropriate any copyright, trademark or other intellectual property or other rights of any third party. At our option, you will replace or accept the return of any Copy that does not comply with these representations and warranties.
11. Indemnification
You release us and agree to indemnify, defend and hold harmless GymSmarts.com and TRB Design, Inc., their affiliated companies, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys' fees) arising from or related to (a) your breach of any representations or warranty contained in this Agreement; (b) the Copies; or (c) any content you provide (together, "Claims"). You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld. Additionally, because of the risk nature of sport, you are releasing and indemnifying all of the above from any injuries or lawsuits brought because of your title.
12. Customer Practices
Customers who purchase Copies from us will be deemed as exclusive customers of GymSmarts.com and TRB Design, Inc. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, pricing, and sales will apply to those customers. We may change our policies and operating procedures at any time, at our sole discretion
13. Confidentiality
During the course of your membership in the Program, you may receive information relating to GymSmarts.com, TRB Designs, Inc. or to the Program that is not known to the general public ("Confidential Information"). Confidential Information includes, without limitation, information relating to sales consummated under the Program. You agree that (a) all Confidential Information will remain GymSmarts.com exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Program; and (c) you will not disclose Confidential Information to any individual, company, or other third party. You may not issue any press release or make any public statement related to the Program, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
14. Modification
We may amend any of the terms and conditions contained in this Agreement (including the Instructions and Rules or the Limited License Grant) at any time and solely at our discretion. Any changes will be effective upon posting a change notice or a new agreement on our website or in your account page. You are responsible for reviewing the new agreement and/or any applicable changes or notices. YOUR CONTINUED MEMBERSHIP IN THE PROGRAM AFTER GymSmarts.com's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 15.
15. Term
The term of this Agreement will begin when you receive your notice of acceptance into the Program and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving us written notice of such termination; provided that we receive such written notice at least thirty (30) days prior to the effective date of such termination, and that you accept, confirm and fulfill all orders we send to you prior to the effective date of termination, to the full extent of all Copies of all Titles ordered thereby. We may terminate this Agreement at any time, with or without cause, by giving you written notice of such termination, which may be effective immediately. Following any termination, GymSmarts.com or TRB Design, Inc. will have the option to either (1) purchase any or all Copies in our possession at the price described in Section 8, or (2) return the Copies to you. Unless we terminate this Agreement without cause during the first six (6) months of the term, all returns will be at your expense and subject to the provisions in Section 9). All provisions that reasonably may be construed as surviving this Agreement will survive the expiration or termination of this Agreement.
16. Relationship of Parties
You and Amazon.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Section. This Agreement will not create an exclusive relationship between you and GymSmarts.com or TRB Design, Inc. We reserve the right to purchase items from other sources, even if they are similar or identical to your Titles. In addition, GymSmarts.com or TRB Design, Inc. may purchase items from you outside of the Program. This may occur if, among other things, customer demand for a particular Title exceeds the Program's capacity. We reserve the right to fulfill customer orders from inventory purchased outside of the Program, whether from you or from third parties.
17. Limitation of Liability; Disclaimers
We will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed, at any time, the total amounts paid to you under Section 8 of this Agreement during the previous 12-month period.
18. Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
19. Miscellaneous
The laws of the State of Massachusetts will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
We will send all notices and other communication to you at the e-mail address you listed in your program application. You may change your e-mail address either by mailing the new e-mail address to us or e-mailing us the change. You must send all notices and other communication relating to the Marketing Edge program to us at the following e-mail address: marketingedge@gymsmarts.com.
This Agreement incorporates and you hereby accept (1) the Program Instructions and Rules (below), (2) the Limited License Agreement and (3) all terms, conditions, policies, guidelines and other information on the Amazon.com website, all of which we may modify from time to time. This Agreement will prevail in the event of any conflicts between the foregoing documents, policies, guidelines and other information. This Agreement represents the entire agreement between the parties with respect to the subject matter described here and supersedes any previous or contemporaneous oral or written agreements and understandings.
This Agreement only governs GymSmarts.com/TRB Design, Inc. orders for Titles that GymSmarts.com will sell through the Marketing Edge Program. If GymSmarts.com or TRB Design, Inc. orders product from you outside of the Program (as GymSmarts.com or TRB Design, Inc. inventory), those transactions will be governed by a separate agreement.
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