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  1. #1
    ABW Ambassador Georgie Peri's Avatar
    Join Date
    January 18th, 2005
    Location
    Norwalk, CT
    Posts
    846
    Gardener's Supply Co TOS - ????
    Ummmm in the new TOS that I just so happen to check I found the following

    1.5. Neither Partner, nor any person or entity acting on behalf of Partner,
    shall engage in any solicitation activity on behalf of Merchant in the State
    of Connecticult other than by the maintenance of one or more links from Partner's
    website to the Merchant's website as authorized by this Agreement. Such
    prohibited additional solicitation activities include, but are not limited to,
    the distribution of flyers, coupons, and other printed promotional materials;
    circulation of printed and electronic newsletters; initiation of telephone calls
    or other verbal solicitation (e.g., in-person referrals); and sending emails;
    any of which mention America's Gardening Resource, or any of its associated brands,
    or refer to the presence of Merchant's link on Partner's website. If
    Partner is a non-profit organization located in Connecticut or maintains
    a website on a host computer located in Connecticut, it shall inform
    its members on its website regarding the prohibition against solicitation
    activities in the state of Connecticut.

    If Partner is located in Connecticut or maintains its website on a host
    computer located in Connecticut, it must provide Merchant with an annual
    certification, on a form approved by Merchant, by no later than January 15
    of each year, that it has complied with the restrictions on solicitation
    activities as set forth in the previous paragraph. Such confirmation shall
    be addressed to: 128 Intervale Road, Burlington, VT 05401 Attn: Gina Bernadette.

    Looks to be a Cut / Copy of the other paragraph above for NY ..

    Now .. Checking the CT Bill .. it doesnt appear to have been passed ..
    why would the merchant have this in there TOS?

    What should i do?
    And what does this form requirement mean?
    OpA! Giasou Ti kanies!

  2. #2
    Tax Paying Member
    Join Date
    November 14th, 2005
    Location
    Chapel Hill, NC
    Posts
    2,119
    If Partner is located in Connecticut or maintains its website on a host
    computer located in Connecticut, it must provide Merchant with an annual
    certification, on a form approved by Merchant, by no later than January 15
    of each year, that it has complied with the restrictions on solicitation
    activities
    Does this mean that if I live in Texas and use a host based in Conn. that I and my merchants fall under the Conn tax law??
    You must climb this mountain. There is no elevator. ---- Don't stick your finger in the liquid nitrogen.
    Carolina China

  3. #3
    http and a telephoto
    Join Date
    January 18th, 2005
    Location
    NYC
    Posts
    17,708
    Mellie will know more, but CT was one of the states with a crazy back taxes and back dated clause.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  4. #4
    Newbie BoostSilver's Avatar
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    October 12th, 2009
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    Numismatic Maniac
    Posts
    28
    Doing interstate business from or in CT can be a challenge, both the CT Department of Banking and Department of Consumer Protection are difficult to deal with and actively looking for violators of CT laws. If you do business from or in CT it is best to research the rules for your specific industry first. They inevitably will find you, if you are not compliant at the least it will cost you big $$, at the worst you could end up in court...

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