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I hereby confirm that I am authorized to enroll the "Registered Party" in the Planet Green Recycling Program (further referred to as "The Program"). I agree, on behalf of the Registered Party that participation in Planet Green’s Recycling Program will besubject to the following terms and conditions.
- REGISTRATION TERMS
- The Registered Party must designate a coordinator (the "Coordinator") in order to participate in the Program. The Registered Party's account and transaction information may be accessed only by means of the email address and password of the Coordinator designated for the Registered Party's account. Planet Green shall be entitled to rely absolutely and conclusively on all transactions undertaken by means of the email address and password of the Registered Party's Coordinator and all such transactions shall be binding on the Registered Party.
- Planet Green will only knowingly provide the Program to parties that can lawfully enter into and form contracts under applicable law.
- Participation in the Program is subject to Planet Green prior approval. Planet Green reserves the right to refuse participation to any Party, including nonprofits and schools, at any time in its sole discretion.
- To become a Registered Party and have the right to participate in the Program, a Coordinator must enroll in the Program by registering and receiving a Partner account ("Account") with Planet Green through its online enrollment process.
- To be enrolled as a non-profit and to be eligible as a recipient of donations based on cartridge sales, a Partner must provide a Tax ID to verify non-profit status.
- The Coordinator must provide Planet Green with accurate and complete contact and payment information when they open an Account. The Coordinator must immediately notify Planet Green if any of their contact or payment information changes. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment.
- The Coordinator will need to select a password if they open an Account. They will be solely and exclusively responsible for keeping the password confidential and all use of their password and Account, including, without limitation, any use by any third party. The Coordinator must notify Planet Green immediately if they believe their password has been or may be obtained or used by any unauthorized person or entity. In addition, they must notify Planet Green immediately if they become aware of any other breach or attempted breach of the security of their Account or the Planet Green Web Site.
- Unless specifically self-categorized as an Individual, a Coordinator who requests checks written in their name might be subject to verification of their status within the fundraising or charitable entities they represent.
- INSPECTION AND PAYMENT TERMS FOR PLANET GREEN RECYCLING PROGRAM
- An Account ID must be provided each time a box of recyclables is sent on behalf of a Registered Party. If no ID is provided, Planet Green will make an effort to contact the Party or the Coordinator and complete the information to satisfy our accounting needs. If we are unable to establish contact in a reasonable timeframe, we will hold the inspection report and credit due for a period of 30 days.
- Cartridges are carefully inspected and tested for any damages, including but not limited to cracks, scratches, broken corners or tabs, damaged print heads and failed circuits.
- Phones are inspected for any physical damages.
- Planet Green will not pay for any cartridges or phones that do not pass inspection. This includes cartridges or phones that are not on our price list, damaged and/or fail the circuit test.
- Upon the accrual of a minimum of $10 for recyclables sent to Planet Green, the Party will be issued a check, based on the Account information and check recipient information provided by the Coordinator, within 7 days of receiving shipments at our facility. However, shipping or postal delays, improper use of a Planet Green collection box or pre-paid label, or a shipment of more than 200 items may be considered a circumstance for which an extension must be made.
- Any monetary benefits that accrue from participating in The Program will be credited to the Registered Party’s account and paid out by Planet Green to the Registered Party based upon the monetary values established by Planet Green for qualifying recyclables. Planet Green, in its sole discretion, will determine, at any point in time, which types of recyclables are qualifying and the monetary values assigned to the various types of recyclables. Planet Green may change, at any point in time and without prior notice to the Registered Party, the monetary values assigned to the various types of recyclables and the designation of which types of eligible recyclables.
- Monetary accruals will not expire as long as the Registered Party keeps its Program account active.
- Recycling accounts will remain active when Planet Green received not less than one (1) qualifying cartridge or cellular phone to Planet Green in the latest 12-month period. If the Registered Party does not send at least one qualifying Product to Planet Green within any 12-month period Planet Green has the right to classify that organization as inactive, and further the right to deactivate the monetary balance in the Registered Party's account.
- If the Registered Party or Coordinator dispute any payment made under the Recycling Program, they must notify Planet Green in writing within thirty (30) days of any such payment. Failure to so notify Planet Green shall result in the waiver by the Registered Party or Coordinator of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Planet Green. No other measurements or statistics of any kind shall be accepted by Planet Green or have any effect under this Agreement.
- DAMAGED / INELIGIBLE ITEMS PROCEDURE
- If the Registered Party or someone on their behalf uses a Planet Green collection box or a Planet Green shipping label to send less than 20 eligible (listed) recyclables, the shipping cost can be deducted from the payment due.
- If the Registered Party or someone on their behalf uses a Planet Green collection box or a Planet Green shipping label to send any amount of toner or laser cartridges, the shipping cost can be deducted from the payment due.
- If more than 50% of the shipment contains damaged items or items that are ineligible for payment, Planet Green reserves the right to deny payment to the participant, due to the shipping costs incurred for damaged and ineligible items and labor costs incurred for inspection of damaged and ineligible items.
- Planet Green reserves the right to deduct freight cost of large shipments from total credit due, if freight includes a significant portion of damaged items.
- Planet Green reserves the right to stop inspection of large shipments if preliminary inspection shows a significant amount of damaged and/or ineligible items.
- SHIPPING / FREIGHT PROCEDURE
- Each shipment of recyclables sent by a Registered Party must include that Party’s ID number to obtain proper payment.
- Pre-paid postage and collection boxes are to be used for inkjet cartridges, cell phones and cell phone accessories only.
- Shipping cost for laser/toner cartridges is to be paid for by the Party that sends them or will be deducted from the payment due.
- The Party or Coordinator should print a copy of inventory or price list for their own records.
- Planet Green will not pay for cartridges that are damaged or lost in transit.
- Contact Planet Green to arrange for shipping of large quantities of cartridges (20 pounds or more).
- Contact Planet Green to arrange for pickup of large quantities of cartridges in the Los Angeles area (200 cartridges or more.)
- If the Party pays a shipping company to send recyclables to Planet Green, Planet Green is not responsible for the shipping costs.
- DONATION TERMS FOR PLANET GREEN CARTRIDGE SALES PROGRAM
- Donations can only be made to organizations that have non-profit status. A federal tax ID number as required by the IRS, is required to be on hand in our system prior to any payments.
- Planet Green will pay out donations associated with cartridge sales on a quarterly basis. Within thirty days following the end of each quarter, Planet Green will send the Registered Party a check for the donations earned for the quarter. However, if the donations payable to the Party for any quarter are less than $25.00, Planet Green will hold the Party’s donations until the total amount due is at least $25.00 or until this Agreement is terminated.
- If Planet Green owes a Registered Party accrued donations that are less than $25.00 for at least 12 months, then Planet Green may send the Party payment of such accrued donations minus a $5 processing fee. If the amount of accrued donations is under $5 for at least 365 days, such amount will be used to cover Planet Green's administrative costs and no payment will be made to the Party.
- Unless the Party and Planet Green otherwise agree in writing, Planet Green may remit any payment otherwise due to the Party as a contribution in the Party’s name to a 501(c)(3) charitable nonprofit organization of Planet Green's choice (or any charity agreed upon in writing by the Party and Planet Green) if: (i) the Party fails to provide Planet Green with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If Planet Green makes such a contribution, its obligation to the Party shall be reduced by the amount of that contribution.
- Donation accruals will not expire as long as the Registered Party keeps its Program account active.
- Accounts will remain active when the Party has been designated as the donation recipient for the purchase of not less than one (1) Planet Green cartridge in the latest 12-month period. If the Registered Party is not designated as the donation recipient for at least one purchased Planet Green Product within any 12-month period Planet Green has the right to classify that Party as inactive and terminate the Account.
- If the Party or Planet Green terminate the Party’s Account and less than $25 in donations has been accrued but unpaid, upon deactivation of the Account, Planet Green may charge the Party a $5 processing fee when sending a final payment to cover its administrative costs.
- Planet Green will process all product orders placed by customers who follow links to the Planet Green Cartridge Sales web page and confirm or choose a Registered Party at checkout. Planet Green reserves the right to reject orders that do not comply with any requirements that Planet Green has and may periodically establish. Planet Green will be responsible for all aspects of order processing and fulfillment. Among other things, Planet Green will prepare order forms, process payments and handle customer service. Planet Green will track sales made to Customers who purchase products and confirm or choose a Registered Party during checkout. We will make available to the Registered Party reports summarizing sales activity and donations to the enrolled Party. Planet Green will use commercially reasonable efforts to present accurate information in the reports, but Planet Green cannot guarantee the accuracy of the reports.
- Donations to the Registered Party will occur on sales at the Planet Green Cartridge Sales web page if such activity was originated from properly formatted Special Links or if the Party is confirmed or chosen by the customer upon placing an order. Planet Green will not be liable to the Party for any failure of customers to choose the intended Party at checkout. Donations will be provided to the Party chosen or confirmed regardless of intent.
- If the Registered Party or Coordinator dispute any donation made under the Cartridge Sales Program, they must notify Planet Green in writing within thirty (30) days of any such payment. Failure to so notify Planet Green shall result in the waiver by the Registered Party or Coordinator of any claim relating to any such disputed donation. Donation shall be calculated solely based on records maintained by Planet Green. No other measurements or statistics of any kind shall be accepted by Planet Green or have any effect under this Agreement.
- CHANGE / MODIFICATION TERMS
- Planet Green may specify additional provisions pertaining to the Recycling Program or the Cartridge Sales Program, including descriptions and details of the Programs, throughout this website, and the Registered Party shall be bound by all such additional provisions, descriptions and details; provided, however, that in the event that these Terms and Conditions of the Programs conflict with any additional provisions, descriptions or details specified on this website, these Terms and Conditions of the Programs shall govern.
- Planet Green may change these Terms and Conditions of the Programs at any time without prior notice and the Registered Organization will be bound by all such changes as of the date they appear on this website.
- If any modification is unacceptable to the Registered Party, the Party’s only recourse is to terminate this Agreement and their participation in the Programs. Their continued participation in the Programs following posting of a change notice or new agreement on the Planet Green Web Site will constitute binding acceptance of the changes.
- TERMINATION AGREEMENT
- Either party, without notice, may terminate this Agreement at any time for any reason.
- The Terms of Use of this program are incorporated herein by reference.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PLANET GREEN BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON PLANET GREEN SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PLANET GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PLANET GREEN SERVICES, FROM INABILITY TO USE PLANET GREEN SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PLANET GREEN SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions of the entire agreement between the parties with respect to the subject matter hereof supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Planet Green. |