SCHOOL REPRESENTATIVE:
In addition to GRADWEAR’s Terms and Conditions which you agree to be bound by, you also agree to be bound by the following:
SECTION 1 – SCHOOL REPRESENTATIVE ADDITIONAL TERMS AND CONDITIONS
As a school representative, you agree to be responsible for all orders you place with GRADWEAR.
You will not hold yourself as an employee or representative of GRADWEAR. You will not bind GRADWEAR to any commitments or expenses unless specifically authorized to do so by the GRADWEAR in writing and in advance.
You will be provided with an order deadline. You acknowledge that orders are only manufactured after the order deadline.
All orders will be shipped to you 4-6 weeks after the order deadline. It is your responsibility to verify the order upon receipt and to distribute the items ordered to the respective students. If you have other people placing and processing orders under your team or direction, you are solely liable for their actions.
School representative can design custom logos, school initials, colours, embroidery, etc. but all designs must be pre-approved in writing by GRADWEAR prior to you placing your order. For clarity, GRADWEAR will not authorize any designs that breach intellectual property rights. If your school provides authorization to use proprietary marks, please send written confirmation of same by a person authorized to bind the school to info@gradwear.ca for approval by GRADWEAR, prior to placing your order.
The decoration of any Champion® garment with the proprietary marks, names, or logos of any collegiate sports team or collegiate institution is expressly prohibited, unless GRADWEAR pre-approved the written authorization by the proprietary marks’ owner.
SECTION 2 – COMMISSION AND TAXES
You or your school, as applicable, will be paid 10% commission based on the total order amount (exclusive of the taxes and shipping costs charged). Payment will be made upon receipt of the executed invoice generated upon placing the order. GRADWEAR will not pay consumption taxes such as Harmonized Sales Taxes (“HST”) on the commission amount, unless you advise that consumption taxes are applicable and include your or your school’s valid consumption taxes number on the generated invoice.
You are responsible for your own business registration, HST and other tax registration, HST and other tax remittances, income tax remittances, Canada Pension Plan remittances, insurance coverage, business expenses, business cards, licenses, fees, and dues, if any. You agree to indemnify and save GRADWEAR harmless from any claims made against GRADWEAR with respect to the foregoing.
SECTION 3 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GRADWEAR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of GRADWEAR’s Terms and Conditions (link), these additional terms, or your violation of any law or the rights of a third-party.
SECTION 4 – GRADWEAR’S LIMITED LIABILITY
GRADWEAR’s liability to you with respect to a claim against GRADWEAR is limited to direct damages only and GRADWEAR will not have any liability whatsoever for consequential or indirect loss or damage (such as, but not limited to, claims for loss of profit, revenue, production, business, contracts or opportunity and increased cost of capital, financing or overhead) incurred by you.
