PMOZ : Sponsor Page

Pmoz.org Page Sponsoring Ad:

You will only be charged once your application has been manually verified and approved. Your IP address is 38.107.191.98. We reserve the right to refuse any sponsor.

PERSONAL INFORMATION:

First Name:
Last Name:
Address1:
Address2:
City:
State/Province/Region:
Zip/Postal Code:
Country:
E-mail:
Re-Enter E-mail:
Alternate E-mail:
Phone:
Fax:
Company:
Web Site URL:

Provide title, description & URL. Find category by clicking on 'search'. Select a specific category relevant to your ad. Do not simply select a top level category.

EXAMPLE OF A VALID AD

Title:	xyz fashion
Description:	Bodysuits & Catsuits, Corsets, Costumes, Dresses and much much more.
Display URL:	http://www.xyzfashion.com*
Goto URL:	http://www.xyzfashion.com/bodysuites/referral_rs=bodysuits/index.html**
Category:	/adult_shopping/clothing_&_lingerie
	this will be displayed on your advertisement. *it will be redirected to this url on clicking your advertisement

Advertisement 1

Title:
Description:
Display URL:
Goto URL:
Category:	Search
Price:	$
Duration(in months, eg: '6'):	Amount:$

Advertisement 2

Advertisement 3

Advertisement 4

Advertisement 5

Total Amount :

Sevice Agreement:

PMOZ.ORG SPONSORSHIP AGREEMENT

This Pmoz.org Sponsorship Agreement (the "Agreement") is entered into by and between you ("you", "your", or "Customer") and Pmoz.org regarding your use of the Sponsorship. This Agreement sets forth the terms and conditions under which Pmoz.org makes the Sponsorship available to you. By completing and submitting the sponsorship registration, you are entering into this Agreement with Pmoz.org, and indicating that you agree to be bound by these terms and conditions as originally stated by Pmoz.org.

RECITALS

WHEREAS, Pmoz.org operates and maintains a website on the Internet at http://pmoz.org.

WHEREAS, Customer desires to promote its business to users by sponsoring in exchange for advertising on Pmoz.org Web sites.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

1	DEFINITIONS

1.1	"Advertisement" means billboard-like graphics or text hyperlinks displayed in a standardized specific location on the Pmoz.org Sponsorship Sites, which advertisements click-through to the Customer Site, or such other address mutually agreed upon by the parties from time to time.

1.2	"Advertisement Format" means the allowable Customer Graphic properties (dimension, size, graphic format, etc.) or text hyperlink properties (font size, font face, text length, color, etc.).

1.3	"Advertisement Location" means the Web site(s) where the Advertisement will be displayed.

1.4	"Brand Features" means the corporate name, trade names, trademarks, service marks, logos, domain names, indications of origin and other distinctive brand features (e.g. Pmoz.org).

1.5	"Customer Graphic" means those mutually agreed upon graphics format provided by Customer for use on the Pmoz.org Sponsorship Sites and approved by Pmoz.org.

1.6	"Customer Site" means Web site where Customer desires the user to visit upon clicking on the Advertisement.

1.7	"Effective Date" means a mutually agreed date provided in writing by Pmoz.org or the date submitted via the Pmoz.org online registration form. The Effective Date shall denote the start of the Services.

1.8	"Page Placement" means the location on the Web page where the Advertisement will be visible to end-user.

1.9	"Services" means the chosen sponsorship services to be provided by Pmoz.org for Customer under this Agreement, as more fully described on Exhibit A.

1.10	"Setup Time" means a reasonable time required to begin displaying the Advertisement for the Customer.

1.11	"Term" means the period from the Effective Date to the Termination Date.

1.12	"Termination Date" means a mutually agreed date provided in writing by Pmoz.org or the date submitted via the Pmoz.org online registration form. The Termination Date shall denote the end of the Services.

1.13	"Thumbshot" means a thumbnail image containing screenshot of the referenced HTML Web Page, including any audiovisual (e.g. Shockwave Flash container) or text (e.g. external JavaScript source) that may be used to help transport or display the image.

1.14	"Pmoz.org Sponsorship Sites" means Web pages located at http://www.pmoz.org or other pmoz.org network sites.

2	PROVISION OF SERVICE

2.1	Pmoz.org Obligations. Subject to the terms and conditions of this Agreement, Pmoz.org shall provide the Services, including all associated hardware and software.

2.2	Approval Process. Upon receiving the sponsorship application from Customer, Pmoz.org will evaluate and approve the sponsorship request. Pmoz.org reserves the right to refuse sponsorship to any Customer for any reason in our discretion.

2.3	Customer Obligations. Customer shall provide to Pmoz.org any required information including any Customer Graphic in order to provide the Services within a reasonable time.

2.4	Exclusivity.  Customer understands that Pmoz.org will provide the Services on a nonexclusive basis, and that Pmoz.org will continue to customize and provide its services to other parties for use in connection with a variety of other applications.

3	PAYMENT

3.1	Service Fees.  Customer shall pay Pmoz.org service fees in the amount and on the terms specified during the sponsorship registration or any changes made thereafter. Customer shall be responsible for all sales taxes and other similar taxes imposed by any federal, state, province or local governmental entity on the transactions contemplated by this Agreement. When Pmoz.org has the legal obligation to pay or collect such taxes, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Pmoz.org with a valid tax exemption certificate authorized by the appropriate taxing authority.

3.2	Payment.  All fees quoted and payments shall be made in U.S. Dollars. Payments are due at the beginning of the Term. Customer shall pay all amounts due under this Agreement to Pmoz.org via Paypal Email.

3.3	Refund policy. Pmoz.org does not have a refund policy. All purchases made by Customer are final and non-negotiable.

4	INTELLECTUAL PROPERTY

4.1	Ownership. All intellectual property rights or proprietary property and information, supplied or developed by each party shall be and remain the sole and exclusive property of the respective party.

4.2	License. Subject to the terms and conditions of this Agreement, Customer grants to Pmoz.org a non-exclusive, non-transferable, royalty-free, worldwide license to reproduce and display all Brand Features, Customer Graphic and similar identifying material relating to Customer. Customer grants to Pmoz.org a nontransferable, nonexclusive license during the Term to use Customer's Brand Features to advertise that Customer is using the Services.

5	WARRANTIES AND DISCLAIMER

5.1	Pmoz.org. Pmoz.org warrants that it has full power and authority to enter into this Agreement. Pmoz.org does not warrant that the Services (setup, provision of service, etc.) will meet all of Customer's requirements or that performance of the Services will be uninterrupted, error-free or delivered in a timely manner. Pmoz.org does not provide any guarantee on the number of impressions or number of click-throughs from the Service. PMOZ.ORG MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

5.2	Customer.  Customer warrants that:  (1) all information provided by Customer in is true and accurate; (2) Customer has full power and authority to enter into this Agreement; (3) Customer's Brand Features, Content, or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which Customer is a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations (5) Customer shall make reasonable efforts to perform all of its obligations under this Agreement in accordance with applicable laws.

6	INDEMNITY

6.1	Indemnity. Each party shall indemnify, defend and hold harmless the other from and against any and all liabilities, losses, damages, settlements, claims, actions, suits, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) incurred by the indemnifying party, relating to, arising from or occurring as a result of:  (i) any act or omission of the indemnifying party in connection with this Agreement and (ii) any third party lawsuit or proceeding brought against the indemnifying party based upon a claim that the Content, Site or Brand Features infringe any copyright, trade secret or trademark of the third party.

7	LIMITATION OF LIABILITY

7.1	PMOZ.ORG WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN NO EVENT SHALL PMOZ.ORG'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT OF $10. THE PARTIES AGREE THAT THIS SECTION 7 REPRESENTS A REASONABLE ALLOCATION OF RISK.

8	TERMS AND TERMINATIONS

8.1	Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue in force until the Termination Date.
 
8.2	Renewal. The Termination Date shall automatically extend for another Term equal to the duration of the first Term if Pmoz.org does not receive a written notice of cancellation 7 days before the agreed Termination Date.

8.3	Termination by Either Party.  Either party may suspend performance and/or terminate this Agreement: (a) if the other party materially breaches any term or condition of this Agreement and fails to cure that breach within thirty (30) calendar days after receiving written notice of the breach; or (b) if the other party becomes insolvent or makes any assignment for the benefit of creditors or similar transfer evidencing insolvency, or suffers or permits the commencement of any form of insolvency or receivership proceeding, or has any petition under bankruptcy law filed against it, which petition is not dismissed within sixty (60) days of such filing, or has a trustee or receiver appointed for its business or assets or any party thereof.

8.4	Termination by Pmoz.org.  In addition to the provisions of Section 8.1 and 8.2, Pmoz.org may terminate or suspend this Agreement immediately without written notice if Customer breaches its payment obligations under Sections 3.  Pmoz.org may also terminate this Agreement immediately without written notice if Customer engages in any action that violates Pmoz.org Agreement, reflects poorly on Pmoz.org, or otherwise disparages or devalues Pmoz.org's reputation, or Pmoz.org's goodwill, or if Pmoz.org reasonably determines that it is impracticable to continue providing the Services in light of applicable laws.

8.5	Rejection of Application.  Pmoz.org shall have the right, in its sole discretion, to reject any application, and such rejection shall render null and void this Agreement between Customer and Pmoz.org.  Pmoz.org shall not be liable to Customer for damages of any sort resulting from its decision to reject an application.

8.6	Effect of Termination.  Upon the termination of this Agreement for any reason (i) all license rights granted herein shall terminate, and (ii) Customer shall immediately pay to Pmoz.org all amounts due and outstanding as of the date of such termination.  Neither party shall be liable to the other party for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

8.7	Survival.  In the event of any termination or expiration of this Agreement for any reason, Sections 1, 3, 4.1, 5, 6, 7, 8.5, 8.6 and 9 shall survive termination.

9	MISCELLANEOUS

9.1	Assignment. Either party may not assign this Agreement, or any rights or obligations hereunder, whether by operation of contract, law or otherwise, except with the express written consent of the other party, and any attempted assignment by either party in violation of this section shall be void.

9.2	Miscellaneous of its assets, so long as such surviving entity or purchaser shall expressly assume in writing the performance of all of the terms of this Agreement.  This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.  This Agreement will be governed by and construed in accordance with the laws of Province of Quebec, without regard to conflict of law principles. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, or any other cause, which is beyond the reasonable control of such party. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. The failure of Pmoz.org to require performance by Customer of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Pmoz.org of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this agreement shall remain in full force and effect.  THIS AGREEMENT, AND EXHIBITS HERETO, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.  THIS AGREEMENT SUPERSEDES, AND THE TERMS OF THIS AGREEMENT GOVERN, ANY OTHER PRIOR OR COLLATERAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF.  ANY AMENDMENTS TO THIS AGREEMENT MUST BE IN WRITING AND EXECUTED BY AN OFFICER OF THE PARTIES.

APPENDIX A

Pmoz.org reserves the rights, from time to time, to enhance the features or modify the Advertisement, Page Placement, Services, Advertisement Format, Advertisement Location at its own discretion or when needed to comply with any applicable laws and regulations.

DESCRIPTION OF PMOZ.ORG TARGETED AD

Advertisement Format. Customer is responsible for providing any necessary Customer Graphic, URL, text, title and/or description if required in order to provide the Service.

Advertisement Location. The Advertisement will contain one hyperlink to the Customer URL. The Advertisement will appear on selected http://www.pmoz.org page(s) based on the chosen criteria. Certain pages may be explicitly restricted from displaying Advertisements by Pmoz.org. Pmoz.org reserves the right, in its sole discretion, to remove Customer Advertisement, move the Advertisement to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available throughout our site.

DESCRIPTION OF PMOZ.ORG TEXT AD

Advertisement Format. Customer is responsible for providing any necessary Customer Graphic, URL, text, title and/or description if required in order to provide the Service.

Version 01/01/2006

I agree to have read and accepted the terms of the agreement.