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May 25th, 2010, 03:09 PM #1Can NC Affiliates Agree To This?
I received an email from Newegg.com that is asking NC affiliates to sign the following agreement. If you send out a coupon newsletter to someone who resides in NC, your pretty much breaking the agreement.
NORTH CAROLINA STATE SALES TAX CERTIFICATION
_________________ (?Company?) submits this North Carolina State Sales Tax Certification (?Certification?) as required pursuant to its contractual obligations with Newegg Inc.
I, _____________, on behalf of the Company, certify that:
1. At no time, up to and including the date of this Certification, has the Company transacted business in North Carolina or engaged in any solicitation activities in North Carolina that specifically sought to target or refer potential customers who are North Carolina residents to Newegg Inc. or its affiliates or subsidiaries (collectively, ?Newegg?) including, but not limited to, distributing flyers, coupons, newsletters and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls; and sending e-mails.
2. Further, the Company understands that it is not authorized by Newegg to transact business or engage in solicitation activities in North Carolina that seek to specifically target or refer potential customers who are residents of North Carolina to Newegg. The Company and Newegg have agreed that the Company does not receive any commissions or other consideration from Newegg in exchange for directly or indirectly referring potential customers who are residents of North Carolina to Newegg, and in the event Newegg discovers it accidentally paid a commission to Company for referring a potential customer who is a resident of North Carolina, Newegg will either request a refund of that commission or offset it against future commissions.
3. The person signing this Certification is authorized to complete this Certification on behalf of the Company.
I declare under penalty of perjury under the laws of the State of North Carolina that the foregoing is true and correct.
Dated: May __, 2010
______________________________ Signature of Company Representative
Name of Signing Party:
May 28th, 2010, 01:45 PM #2
Similar to the restrictions placed on NY Affiliates but seems to go one step further. Paragraph 2 indicates that they will not pay on sales from NC affiliates to NC residents.