August 7th, 2009, 01:11 PM
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ABW Ambassador
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Join Date: January 18th, 2005
Location: Norwalk, CT
Posts: 551
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Gardener's Supply Co TOS - ????
Ummmm in the new TOS that I just so happen to check I found the following
Quote:
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.
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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!
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September 13th, 2009, 07:46 AM
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Super Tax Paying Member
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Join Date: November 14th, 2005
Location: Durham, NC & Columbia, SC
Posts: 985
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Quote:
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
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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??
__________________
ShareaSale RoadShow Attendee.
You must climb this mountain. There is no elevator.
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September 13th, 2009, 12:30 PM
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Moderator - http and a telephoto
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Join Date: January 18th, 2005
Location: NYC
Posts: 14,110
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Mellie will know more, but CT was one of the states with a crazy back taxes and back dated clause.
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October 30th, 2009, 11:27 PM
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Newbie
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Join Date: October 12th, 2009
Location: Numismatic Maniac
Posts: 38
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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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