Member Rules - Bargain Hunter Boutique

BHB STANDARD MEMBERSHIP RULES

Please carefully read these Standard Membership Rules for Bargain Hunter Boutique (BHB), which apply to all BHB sub-wholesalers & home representatives. If you do not wish to comply with these Rules, you should immediately cancel your membership in accordance with Section 4 below.

1. Membership. Subject to your compliance with these Rules and payment of the membership fee(s) you agreed to when joining BHB, you will have a membership with BHB including the right to purchase merchandise from BHB at guaranteed discounted prices.

2. Registration. You agree to provide us with accurate and complete information, including your legal name, street address, email address and telephone number. All information will be subject to the standard BHB Privacy Policy. You warrant that any credit card or bank account information you provide is accurate and you are the rightful owner to use the account.

3. Renewal Fees. Renewal fee you will receive updated catalogs, price lists and other information that is available to our BHB members. BHB may change prices or institute new fees at any time. The renewal fee will be automatically charged by the last day of your anniversary month, or by the next business day thereafter, to the credit card or bank account you have provided us, unless you inactivate or cancel your membership in accordance with Section 4 below.

4. Cancellation. If you cancel and return your membership materials within 30 days of joining BHB, you are eligible for a full refund of your membership fees (excluding shipping and handling). If you cancel after 30 days, you will not be entitled to a refund, and you will not be billed anything further.

5.Fees and Credits. You are responsible for all charges incurred, including your initial membership fee in accordance when joining, your monthly and annual renewal fee, and payment for any merchandise or materials you order from BHB. Unless otherwise specified, charges are non-refundable, including payments for BHB Gift Cards. Upon suspension, cancellation, or termination of your membership, any unused funds or credits remaining in your account automatically become the property of BHB.

6. Suspension. If you fail to pay for any purchases from BHB, if any fees or charges are due but unpaid to BHB, or if your account is delinquent, BHB may automatically apply any credits in your account to pay the balance due, or your membership may be suspended or canceled at BHB's discretion. Your account may be suspended if you become inactive or do not place at least one merchandise order per year. If your account is suspended you may reactivate your account by paying a reactivation fee (which is currently $39.95).

7. Termination. BHB may immediately terminate your membership if you breach any provision of these Rules, engage in any prohibited activities or aid and abet anyone listed in a, Fraud Alert or if you fail to pay any fees or charges when due. BHB also reserves the right to terminate any membership upon refund of the most recent annual fee. If your membership is terminated for any reason other than non-payment, you may not rejoin BHB, either directly or through another person. The provisions of Sections 8 through 21 will survive suspension, termination or cancellation.

8. Communication. Throughout the course of your membership, BHB may contact you for administrative and promotional reasons by mail, email or telephone, including pre-recorded messages. You may be able to opt out of some of these communication channels by calling Customer Support, or in the case of email by using the “opt out” function provided with each mailing.

9. Prohibited Activities. You may not directly or indirectly (a) infringe on any BHB trade names, trademarks or copyrights, (b) solicit other BHB members, (c) use your BHB membership in any manner or for any purpose other than selling BHB products, (d) distribute BHB products outside authorized sales channels, (e) engage in any unlawful, unfair or deceptive business practice, (f) fail to conduct your business in an honest and ethical manner, (g) engage in any abusive, tortuous or unprofessional language or conduct, (h) violate any applicable law or regulation, (i) do anything to harm BHB, its affiliates or other members, or degrade BHB's goodwill or reputation.

10. Compliance. You are solely responsible for all aspects of operating your business. You agree to comply with all applicable federal, state and local laws, ordinances and regulations in connection with the operation of your business and the sale and marketing of our products. You agree to comply with any manufacturer’s restrictions on the sale of their products. You agree to indemnify and defend BHB from any claims or demands in connection with your negligence, misconduct or violation of any laws.

11. Taxes. You are solely responsible for calculating, collecting, withholding, reporting and paying any and all applicable taxes, duties and levies, including without limitation states and local sales and use taxes, and federal and state income taxes.

12. Trademarks and Copyrights. You may not use the names BHB or Bargain Hunter Boutique, the BHB logo or any other trademarks or trade names of BHB or its affiliates, or any confusingly similar names, in any manner without prior written consent. You may not use the name or likeness of any BHB spokesperson, employee or other member. You may not copy or use any copyrighted text, graphics, CD-ROM or online content of BHB or its affiliates. You may only copy or use designated BHB product descriptions, product photographs, and .jpg files on your website to advertise products you purchased from BHB for sale to your customers, and not in any other manner or for any other purpose. You may not delegate or authorize any other person do so, whether on your behalf or otherwise.

13. Warranty Exclusion. BHB IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR MEMBERSHIP, THE SERVICES WE PROVIDE OR THE SALE OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY BHB OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY BHB OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

14. Damage Limitation. OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR MEMBERSHIP SHALL NOT EXCEED THE TOTAL AMOUNT OF THE MEMBERSHIP FEES YOU HAVE PAID TO US WITHIN THE PRIOR YEAR. BHB AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

15. Notice of Claims. You will promptly notify us in writing if any third party makes any claim of infringement of any copyright, trademark or patent. If in our judgment the sale or use of any BHB products may be found to infringe the property rights of a third party or presents a consumer safety hazard, we may, at our option, require you to return the infringing products for a merchandise credit or exchange.

16. No Agency. You agree and acknowledge that you and BHB have an independent business relationship. Nothing about your membership or provided for in these Rules shall be deemed to create a partnership, franchise, joint venture or agency, and neither party is the other's partner, franchisee, employee, agent or representative.

17. Third-Parties. These Rules are intended and agreed to be solely for the benefit of you and BHB and its affiliates, and no other party shall accrue any benefit, claim or right of any kind whatsoever hereunder.

18. Missouri Law. Your membership is deemed to be entered into and performed in Warrensburg, Missouri. These Rules shall be governed by and construed in accordance with the laws of the State of Missouri without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Johnson County, Missouri, and agree that it shall be the sole forum and venue for any and all disputes involving BHB.

20. Miscellaneous. If one or more provisions of these Rules shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be construed as a waiver. Neither your membership, these Rules, nor any of your rights or obligations there under may be assigned, transferred or delegated to any third party without BHB's prior written consent.

21. Amendments. The Rules may be revised or amended by BHB at any time in its sole discretion, by posting the revised Rules at www.bargainhunterboutique.com, and the amended Rules will become effective 30 days after posting. No representative or agent from BHB may modify or waive any of these Rules, except in writing signed by the Owner of BHB.

22. Returns: In regards to any item order that a gift card is issued as a bonus, you are responsible for returning the gift card with full credit value still available. Under certain circumstances, BHB may at their discretion disregard this rule. If the gift card balance is empty or below the issued balance, BHB will issue a return credit for merchandise minus the difference used on gift card.

Refer A Friend Program