This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Presyoko.com.ph Merchant Partner Program (the "Program"). As used in this Agreement, "we", "us", or "our" means Micom Technologies Corporation or any of our affiliate companies, as the case may be, and "you" means the applicant. "Presyoko.com.ph Site" means the site that has its primary home page identified by the URL www.presyoko.com.ph, and "site" means a World Wide Web site.

1. Enrollment in the program.

   To begin the enrollment process, you will submit a complete Program application via the Presyoko.com.ph Site, via fax to our office, or handing over a printout of the application form to our office or an authorized representative. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that you intend to do acts unsuitable for the Program. Unsuitable acts include, but are not limited to:

   • promote in Presyoko.com.ph stolen, illegal, or prohibited items for sale barter, or trade
   • promote violence
   • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
   • promote illegal activities
   • breach intellectual property rights
   • engage in acts of unfair competition
   • defame, slander, or demean any person, company, or entity
   • attack, reverse-engineer or hack Presyoko.com.ph programs, compromise the security, destroy, or cause disruption of the service of the Presyoko.com.ph site

   By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your store is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

2. Membership Privileges

   Once you are accepted into the program, you will be granted the right to place your store's name, address, telephone number, business hours, and the categories of products you sell in our database and be included in our listing for display in Presyoko.com.ph. Depending on the type of membership, you may be granted additional privileges which include, but not limited to, the posting of the following on Presyoko.com.ph: your store's price for a product, a vicinity map of your store, product picture(s) of your featured product, and pictures of your store and other promotional images. You may also be given web space on our site to serve as a point of presence of your store on the World Wide Web. You will be given a username and password to access your member account where you can change and update your information. Presyoko.com.ph reserves the right to include additional privileges or discontinue providing a privilege at any time.

3. Member Responsibilities

   As a member, your responsibilities include, but not limited to:
   • Keeping your store details stored in our site accurate and up-to-date
   • Keeping the prices of the goods you post in our site accurate and up-to-date. The price you post on our site should be the current price at which you sell the item at your store. Any discrepancy between the prices will be your sole responsibility.
   • Not engaging in unsuitable acts mentioned in this agreement
   • Informing Presyoko.com.ph, or any of its representatives, of any fact or situation which may hinder you from fulfilling any of the responsibilities mentioned in this agreement
   Non-fulfillment of any of the responsibilities may be a basis for termination of the agreement.

4. Compliance with laws

   As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.

5. Term of the Agreement

   The term of this Agreement will begin upon our acceptance of your Program application and payment of the membership fee, and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

6. Modification

   We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Presyoko.com.ph Site. Modifications may include, for example, changes in the membership fees, payment schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE PRESYOKO.COM.PH SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

7. Relationship of Parties

   You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

8. Limitation of Liability

   We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.

9. Disclaimers

   We make no express or implied warranties or representations with respect to the Program or any products sold because of the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Presyoko.com.ph Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

10. Independent Investigation

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

11. Miscellaneous

    This Agreement will be governed by the laws of the Philippines and Quezon City, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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