3BFAM TERMS OF USE NOTICE

3B Designer Brand

Eric Beasley

These Terms of Use and our Consumer Privacy Notice (the "Privacy Notice" or the "Notice") represent a legally binding agreement (the "Agreement") between Eric Beasley and you with respect to your use of the Eric Beasley 3BFam services.  You agree to the following:


Agree to be bound and to abide by the terms and conditions set forth in this Agreement; and

Affirm that you are


  • 18 years of age or older and are fully competent to enter into,
  • Abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

DO NOT USE 3BFAM IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.


In this Agreement, the definition of the term "use" (including variations thereof) includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing, making purchases (if applicable), obtaining customer service and engaging in any other activity or using the features and functions of the Site, as a visitor, registered user or otherwise, including via mobile devices. We may refer to you as "user", "you" or "your"; we may refer to Eric Beasley (including our subsidiaries, affiliates, brands, and operating units) as "we", "us" or "our"; and we may sometimes use the term "third parties," which, depending on the context, may refer to our operational service providers, co-sponsors, promotional partners, and others.


PERMITTED USE
Under this Agreement, we grant you a limited, revocable, non-transferable right to use the Site for your personal, noncommercial use. You obtain no other rights, interest, or claim to the Site or any aspect of the Site at all.


MANUFACTURING & DISTRIBUTION AGREEMENT
THIS MANUFACTURING & DISTRIBUTION AGREEMENT (the "Agreement").
Effective August 4th, 2021

The Contractor is defined as Eric Beasley Company (Eric Beasley LTD) the seller. The client is defined as the buyer.


BACKGROUND
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.


IN CONSIDERATION OF
the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:


SERVICES PROVIDED TERM OF AGREEMENT
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
-Manufacturing and distributing.
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.


TERM OF AGREEMENT
The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
A. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
B. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
- Manufacturing and distributing.
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 14 days' written notice to the other Party.
In the event that either Party breaches a material provision under this Agreement, the non defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
This Agreement may be terminated at any time by mutual agreement of the Parties. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.


PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.


CURRENCY
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).


COMPENSATION
Client(s) will be invoiced every order.
Invoices submitted by the Contractor to the Client are due upon receipt. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.


CONFIDENTIALITY
Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Contractor and client which would reasonably be considered to be proprietary to the Contractor including, but not limited to, accounting records, business processes, and contractor records and that is not generally known in the industry of the contractor and where the release of that Confidential Information could reasonably be expected to cause harm to the contractor.
The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information of the Contractor which the Client has obtained, except as authorized by the Contractor or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.


OWNERSHIP OF INTELLECTUAL PROPERTY
All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement by Client, will be the property of the Client. The Contractor will not produce any intellectual properties.  All intellectual property made used in producing products for client is allowed by client when using Eric Beasley services.


RETURN OF PROPERTY
Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client, Client will do the same with Contractors info, details stated in previous sentence.


CAPACITY/INDEPENDENT CONTRACTOR
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.


RIGHT OF SUBSTITUTION
Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party subcontractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
In the event that the Contractor hires a subcontractor:
The Contractor will pay the subcontractor for its services and the Compensation will remain payable by the Client to the Contractor.
For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.


AUTONOMY
Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.


EQUIPMENT
Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.


NO EXCLUSIVITY
The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.


NOTICE
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing physically or digitally (email, etc) and delivered to all parties.


INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount
whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.


MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.


TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.


ENTIRE AGREEMENT
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Eric Beasley