Terms & Conditions

Store Terms and Conditions

These terms and conditions apply to store owners only. Each store owner may have their own terms and conditions for purchasing items from their store. Please visit the merchant website if you are shopping on this website. By opening a store in Megalinx Mall you agree to these terms and conditions.

1. Overview: This Agreement (the "Agreement") is between you and your company ("You") and Megalinx Mall, a Florida corporation ("Megalinx Mall"). This Agreement, as may be modified or amended by Megalinx Mall in the future, contains the complete terms and conditions that apply to your participation as an Member in Megalinx Mall Member Store Program (the "Program"). By submitting an application to join the Megalinx Mall Member Network, You are confirming that you have read and agree to be bound by its terms and conditions.
2. Enrollment: To start the enrollment process, you must submit a complete application. Megalinx Mall will evaluate your application and reserves the right to reject your application if it determines (in its sole discretion) that your site is unsuitable. Unsuitable sites include those that
   (i) Promote violence
   (ii) Promote discrimination based on sex, race, disability, religion, nationality, age or sexual orientation
   (iii) Promote illegal activities
   (iv) Promote sexually explicit material
   (v) Otherwise violate intellectual property rights.
   Even if Megalinx Mall accepts your application and your site is thereafter determined (in Megalinx Mall's sole discretion) to be unsuitable, Megalinx Mall may terminate the Agreement.
3. Ownership: You do not own the Store software provided by Megalinx Mall as we only license the software for use by members on a monthly basis.
4. Operation: Once your application is accepted by Megalinx Mall, Megalinx Mall will set you up with your Member Store and give you access to the administration panel. The Store becomes your responsibility to set up and maintain.
5. Links: No member store will be allowed to provide any links within their store that will lead a visitor away from the MegalinxMall.com center. Any member found with links will at the discretion of Megalinx Mall remove the link that links their Store from the MegalinxMall.com center. The members visitors that purchase from other members stores will receive a commission on sales but will not benefit from visitors from MegalinxMall.com center.
6. Rights to Reproduce: Megalinx Mall shall have the right to reproduce page views from your internet site for Megalinx Mall internal and external use, including, but not limited to, use in traffic reporting to third parties, and in public presentations and Search Engine Optimizing..
7. Compensation of commissions due: Any commissions due to Megalinx Mall or any other Member shall be paid weekly via PayPal or by any other means as agreed upon
8. Reports: Megalinx Mall shall track all your transactions and make reports available to you. Megalinx Mall may vary form and content of reports. Reports are live and up to date at all times
9. Refunds: Any refunds due to non performance or cancellation of one of your customers must be properly maintained within your Admin section. All changes to any transaction are immediately emailed and visible in any members account with Megalinx Mall member site.
10. Trademarks: Other than the right to display the links containing Megalinx Mall trademarks, names and logos on your internet site in the manner prescribed by Megalinx Mall, You shall have no right to otherwise utilize or display Megalinx Mall Trademarks without prior written approval.
11. Indemnification: Each party hereby agrees to indemnify and hold harmless the other party and each of it's agents, officers, directors and employees against all liability, claims, suits, damages and expenses, including without limitation, attorney's fees, arising from the acts or failures to act of such indemnifying party or any acts of its customers or users. In no event shall either party hereto be liable for payment of consequential damages resulting from the default in performance of their respective obligations pursuant to this Agreement.
12. Assignment: The rights and obligations set forth in this Agreement may not be assigned by either party and any attempted assignment shall be void.
13. Limitation of Liability: Neither party shall be liable to the other for special, consequential, indirect or direct damages, including loss of profits or loss of business in connection with any claims, breach or violation of this Agreement or violation of any duty owed to the other arising from this Agreement. Neither party shall be liable to the other by reason of the termination, expiration or non renewal of this Agreement for indemnities, reimbursement or damages on account of unjust enrichment, loss of clientele or business, or loss of prospective profits or compensation on anticipated sales.
14. Non waiver: The failure on the part of either party to exercise any right hereunder shall not constitute a waiver of any such right.
15. Amendments and Modifications: Megalinx Mall reserves the right to modify this Agreement and such modified agreement will become binding on you effective ten (10) business days after posting on www.megalinxmall.com you agree to regularly visit www.megalinxmall.com to check for modified versions of this Agreement. Your continued participation in the program following our posting of a change notice constitutes binding acceptance of that change. If you do not agree to the changes in such modified agreement, you may terminate the agreement immediately upon written notice to Megalinx Mall in which event you will have the right to have your links removed from MegalinxMall.com as we as the Link on your site to the MegalinxMall.com center. You will however have the right to the operation of the store as an independent operator.
16. Separability Provision: Should any provision of this Agreement in any way violate or contravene any law or regulation of any jurisdiction, such provision shall be deemed not to be a part of this Agreement in regard to activities conducted hereunder within such jurisdiction, but the remainder of the Agreement shall remain in full force and effect.
17. Consent to Jurisdiction: The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Dade, State of Florida.
18. Confidentiality: You and Megalinx Mall shall keep confidential all information disclosed by the other concerning this Agreement and shall not divulge such information to any third parties. These obligations will survive termination of this Agreement. Upon termination of this Agreement each party shall, upon the other's written request, return to the requested party any such information, deemed by the requesting party to be confidential or proprietary.
19. Term: This Agreement shall remain in effect until terminated by either party, with or without cause, upon 30 days prior written notice to the other party. Megalinx Mall shall have the right to immediately terminate this Agreement if Megalinx Mall determines, in its sole discretion, that your internet site is consistent with Megalinx Mall electronic commerce strategy for any reason, including, but not limited to use of images or content that is unlawful, harmful, threatening, defamatory, obscene, discriminatory, or otherwise objectionable. Upon termination of the Agreement, You shall cease use of the link to Megalinx Mall web site.