Express Technologies Corporation  
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Linking Policy

Express Technologies Corporation appreciates your support and your interest in placing links to the Express Technologies Corporation homepage (http://www.exptech.com) on your websites. If you would like to place such a link on your website, you must do the following.
  • Print out this page
  • Fill out the appropriate fields
  • Read the licensing agreement
  • Sign your name AT THE BOTTOM of the agreement
  • Fax the printed pages to 920-337-1643 - Attn: LINKING POLICY COORDINATOR
Within five business days you will receive an email which will direct you to a special page on the Express Technologies Website that has ETC logos you can place on your web site for linking purposes.

PLEASE FILL OUT THE FOLLOWING INFORMATION

1. Your Name: __________________________________

2. Your Company: _______________________________

3. Your Contact Information:

     Primary Contact: _____________________________

     Title: _______________________________________

     Email Address: ______________________________

     Telephone #: ________________________________

     Address: ___________________________________

                   ___________________________________

                   ___________________________________

4. Your site's URL: ______________________________

5. URL of the page linking to exptech.com: ________________________________________

6. Does your site contain pornographic or violent material?
    Yes _____  No ______

PLEASE READ AND SIGN THE FOLLOWING



Linking Agreement
  1. License. Express Technologies Corporation ("ETC") hereby grants to you, and you hereby accept, a non-exclusive, non-transferable license to display a Link (as defined below) to the home page of exptech.com on the World Wide Web site owned or operated by you (the "Linking Site"). Such Link shall consist solely of the exptech.com logo (the "Logo") as specified by ETC from time to time. You may not modify, edit or in any way alter the Logo in any manner. Nothing in this Agreement shall grant to you any rights in the Logo, the exptech.com site or any other intellectual property of ETC or any of its affiliates, other than as expressly set forth herein. For purposes of this Agreement "Link" shall mean a hypertext link located on the Linking Site which shall link directly to the home page of exptech.com located at www.exptech.com (as such URL may be modified from time to time), and which shall be implemented by the Linking Party solely in accordance with this Agreement.

  2. Guidelines. You agree to comply with the following guidelines:

    (a) You may use only the Logo in the specific format provided to you by exptech.com, as such Logo and format may be modified and provided to you by exptech.com from time to time. Such Logo and format shall be provided to you after you agree to be bound by the terms and conditions of this Agreement by clicking on the "I Agree" button on the bottom of this page.

    (b) You may only use the Logo on the Linking Site, and not in any other manner. The Logo must always be an active link to the homepage of the exptech.com site and not to any other page, as "deep linking" past the exptech.com homepage is strictly prohibited. Any Links must display such homepage exactly as it has been created by ETC; no "framing" or other alterations or additions are permitted.

    (c) The Logo may be used only on web pages that make accurate references to ETC or its products or services, and must be displayed adjacent to the reference or at the bottom of the same page. Your web page title and other trademarks and logos must appear at least as prominent as the Logo. You may not display the Logo in any manner that implies sponsorship, endorsement, or license by ETC, CETC or exptech.com.

    (d) The Logo must appear by itself, with a minimum of 10 pixels of spacing between each side of the Logo and the other graphic or textual elements on your page. The Logo may not be used as a feature or design element of any other logo.

    (e) You may not alter the Logo or any elements thereof in any manner, including size, proportions, colors, etc., or animate, morph or otherwise distort their perspective or appearance.

    (f) You may not use the Logo on any site that disparages ETC or any of its affiliates (including, without limitation, General Electric, CETC, exptech.com, ETC.com, ETCIN.com or Snap.com) or their respective products or services.


  3. Representations and Warranties. You hereby represent and warrant to ETC that you (a) have the right, power and authority to enter into this Agreement and perform your obligations as set forth herein, (b) are under no obligation or restriction, nor will you assume any such obligation or restriction, that does or would interfere or conflict with your obligations under this Agreement, (c) the information provided above is true, correct and complete, and (d) understand and agree that CETC and the ETC Peacock are a registered trademark of ETC, and that all rights in and to the Logo not granted herein are reserved by ETC.

  4. Covenants. You hereby covenant and agree with ETC that (a) you shall comply with exptech.com’s Privacy Policy and Usage Agreement, each as in effect from time to time, (b) the Linking Site shall not be operated in violation of any applicable federal, state or local law, rule or regulation, (c) the content included on the Linking Site, as well as the operation of the Linking Site, will not violate or infringe the copyright, trademark, trade name, patent, literary, intellectual, artistic or dramatic right, right of publicity or privacy or any other right of any entity or person or contain any material which is libelous, slanderous or obscene, (d) if any of the information provided above changes at any time, you will notify exptech.com as specified below in Section 10, and (e) the Linking Site shall not publish, link to, sell or otherwise distribute Adult Content (as defined below), and you will remove any such Adult Content as soon as you become aware, or are made aware, of such Adult Content. For purposes of this Agreement, "Adult Content" means any material, including textual, audio or video material, which is violent or pornographic or which contains nudity, explicit violent or sexual material or depictions of violent or sexual acts beyond those normally broadcast on the ETC television network.

  5. Use of Data. You shall not have the right to use, publish, share, sell or otherwise distribute any data collected with respect to users of the Linking Site which relate to (i) their clicking on a Link, (ii) their use of exptech.com, or (iii) any other information deemed proprietary by ETC.

  6. Disclaimer of Warranties. ETC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LOGO, THE exptech.com SITE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ETC obtains the content appearing on exptech.com from sources that it considers to be reliable; however, neither ETC nor any of its vendors warrants the accuracy or completeness of such content. Neither ETC nor any of its vendors shall be deemed to be providing investment management, supervision or advisory services to Linking Party or any of its users.

  7. Limitation of Liability. IN NO EVENT SHALL ETC BE LIABLE FOR ANY DAMANGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the foregoing, ETC and its vendors shall have no responsibility for any monetary damages under any contract, tort or other legal or equitable theory, regardless of the form of the action. Such limit shall apply whether or not ETC or its vendors have been advised of the possibility of such damages.

  8. Indemnity. You shall indemnify and hold harmless ETC, its affiliates, and their respective officers, directors, members, employees and agents (the "ETC Indemnitees") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from

    (a) any misrepresentation or breach of your representations and warranties set forth in this Agreement; and

    (b) any non-compliance by you with any covenants, agreements or undertakings of Linking Party contained in or made pursuant to this Agreement.

  9. Term and Termination.

    (a) The term of this Agreement shall begin on the date you agree to be bound by the terms hereof by clicking on the button below labeled "I Agree" and shall continue on a month to month basis until terminated as provided herein.

    (b) ETC may terminate this Agreement at any time upon notice to Linking Party.

    (c) Linking Party may terminate this Agreement at any time upon thirty (30) days prior written notice to ETC.

    (d) This Agreement shall terminate automatically and simultaneously with the time Linking Party is in violation of this Agreement.

    (e) Whether or not ETC terminates this Agreement as provided herein, ETC reserves the right to take action against any use that does not conform to this Agreement, infringes any intellectual property or other right of ETC, or violates applicable law.

    (f) Immediately upon the termination of this Agreement, you shall disconnect all links to the exptech.com site and cease all use of the Logo. The provisions of sections 3, 4, 5, 6, 7, 8, 9(f), 11 and 13 hereof shall survive the termination of this Agreement.

  10. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service, confirmed facsimile or confirmed e-mail, or forty-eight (48) hours after being deposited in the regular mail as certified or registered mail with postage prepaid. Notices to you shall be sent to the address specified above by you. Notices to ETC should be sent to the following address:

    Express Technologies Corporation
    3753 Howard Hughes Parkway
    Suite 200
    Las Vegas, NV 89109

    You may change your address for notices by giving us written notice in the manner set forth above. ETC may change its address for notices by updating this page. In the event you have not indicated an address, or your address is no longer current, ETC may use (i) the address indicated for the owner of the URL of the Linking Site in the database maintained by Network Solutions, Inc., or any other applicable domain registration authority, or (ii) the e-mail address of the webmaster of the Linking Site, or any other similar e-mail address specified on the Linking Site.

  11. Governing Law: Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to the conflicts of laws provisions thereof. The parties hereby submit to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, and any action or suit under this Agreement shall only be brought by the parties in any federal or state court with appropriate jurisdiction over the subject matter established or settled in the State of Nevada. The parties shall not raise in connection herewith, and hereby waive, trial by jury and/or other defenses based upon the venue, the inconvenience of forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any action or suit brought pursuant to this Agreement.

  12. Amendment. ETC reserves the right in its sole discretion to amend this Agreement by providing you with prior written notice thereof. If you do not wish to be bound by any such amendments, you many terminate this agreement within thirty (30) days of receiving notice of such amendment by providing written notice of termination to ETC.

  13. Miscellaneous. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses. This Agreement constitutes the entire agreement between the parties and supersedes all oral or written agreements and understandings made and entered into by the parties prior to the date hereof. You may not assign this Agreement in whole or in without the prior written consent of ETC. Subject to the foregoing limitation, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than as expressly set forth herein.

 
By:___________________________________________
     Signature

      ___________________________________________
      Print Name

      ___________________________________________
      Company Name

      ___________________________________________
      Title


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  | HOMEPAGE | Terms and Conditions | Page Updated: November 1, 2007 12:00 PM.