Marketing Automation Products
Copyright © Marketing Automation Products. All rights reserved.
Last Revised: March 23, 2003.
Marketing Automation Products Company/Client Information Authorized Agent. Company/Client is engaging Marketing Automation Products as an independent contractor for the development/modification of their World Wide Web Internet/Intranet Service. Company/Client authorizes Marketing Automation Products to access and install or modify all systems and data on their Internet Service Provider directories. Company/Client also authorizes Marketing Automation Products to list their Web Site on the various listing services, directories and search engines of the Internet. Project and Duration. Company/Client has agreed to and separately executed Exhibit A which specifies in more detail the specific project tasks and time frame of this Contract Agreement. Work not specified in Exhibit A is considered additional work and must be authorized by addendum to Exhibit A. Exhibit A will specify a time frame for this Contract Agreement. Continued services beyond the specified date will require a new Exhibit "A" to this contract . Internet Service Provider (ISP). If specified in Exhibit A, Marketing Automation will select an ISP for Company/Client. Company/Client understands that the ISP will require a separate contract executed exclusively between Company/Client and the ISP. InterNIC Registration. Should the Company/Client wish to obtain an initial or secondary Domain Name registration with InterNIC, Marketing Automation will provide this service. Company/Client authorizes Marketing Automation to register such a Domain Name with InterNIC on their behalf. Company/Client understands that the name of their choice may not be available (alternates choices may be necessary) and that any initial registration fees and ongoing maintenance fees to maintain the InterNIC Domain Name are their total responsibility. Client Furnished Information. Company/Client warrants and unconditionally guarantees to Marketing Automation Products that all information such as text, graphics, photos, icons, visual designs, trademarks and the like that are furnished by Company/Client are owned by Company/Client or they have the legal right to use these items. Company/Client will hold harmless and legally defend Marketing Automation Products from any claims or suits that originate from the use of such items. Marketing Automation warrants that any materials it provides for Company/Client Web Site are the property of Marketing Automation or they have the legal right to such use. All such items used on Company/Client Web Site will remain the property of Marketing Automation Products or their respective owners.. Copyright of Web Site Materials. Copyright of the Web Site Pages work produced by Marketing Automation Products is owned by them. Upon payment of the final amount of the contract, Marketing Automation Products assigns this right to Company/Client. However, rights to any computer programs, photos, graphics, icons and the like which were owned, created or furnished by Marketing Automation Products remain with Marketing Automation Products, their Affiliates or the respective owners that have granted such use to Marketing Automation Products. Client may not use these products or items except for their own use on their own Web Site. Assignment of Contracted Work. Marketing Automation reserves the right to assign any portion of the work indicated in this Contract Agreement to it's Affiliates or subcontractors. Marketing Automation warrants that Company/Client will be protected from any liability arising from these assignments. Fee Payments. Payments shall be made to Marketing Automation as follows:
When the total initial fees, outside service fees, agreed increase fees and project expenses are paid in full, Marketing Automation Products will:
Until final payment is made, Marketing Automation Products owns all of the Web Site content and programs that it has supplied and reserves the right to remove such content from the Internet Service Provider site until payment is made. Company/Client is prohibited from using these Web Site materials in any way. Should Marketing Automation elect to remove their furnished materials and programs from the Company/Client ISP Site, Company/Client may need to pay an additional fee to reload these materials. Warranty. Marketing Automation Products does not warrant that these Web Site pages or the Company/Client Internet Site will meet the Company/Client goals or objectives nor that the access to these Web Pages will be uninterrupted or error-free. Marketing Automation Products' entire liability and Company/Client exclusive remedy shall be, at Marketing Automation Products' option, (a) return of the price paid or (b) repair or replacement of the Web Site Pages that do not operate properly. No Other Warranties. Marketing Automation Products, it's affiliates or subcontractors disclaim all other warranties, either expressed or implied, including fitness for a particular purpose, regarding this Web Site Design and the supporting software or accompanying materials. No Liability For Consequential Damages. IN NO EVENT SHALL MARKETING AUTOMATION PRODUCTS, ITS AFFILIATES OR ITS SUBCONTRACTORS BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE AND AFFILIATED SOFTWARE OR ACCOMPANYING DOCUMENTATION, EVEN IF MARKETING AUTOMATION PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DISPUTE OF THIS CONTRACT SHALL BE LITIGATED OR ARBITRATED IN ORANGE COUNTY, CALIFORNIA.. The undersigned warrants that they have the authority to commit Company/Client to this agreement and that they agree to all terms and conditions of this agreement and Exhibit A on behalf of their company. Contract #nnn - Dated Mo/Da/Yr Company/Client __________________________________________________ Date ________________________ Marketing Automation Products __________________________________________________ Date ________________________ Marketing Automation Products |
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Marketing Automation Products
Copyright © Marketing Automation Products. All rights reserved.
Last Revised: March 23, 2003.