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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.
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| PLEASE FILL OUT THE FOLLOWING
INFORMATION |
1. Your Name: __________________________________
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2. Your Company: _______________________________
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3. Your Contact Information:
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Primary Contact: _____________________________
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Title: _______________________________________
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Email Address: ______________________________
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Telephone #: ________________________________
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Address: ___________________________________
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___________________________________
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___________________________________
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4. Your site's URL: ______________________________
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5. URL of the page linking to exptech.com: ________________________________________
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6. Does your site contain pornographic or violent
material?
Yes _____ No ______
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PLEASE READ AND SIGN THE FOLLOWING
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Linking Agreement
- 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.
- 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.
- 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.
- Covenants.
You hereby covenant and agree with ETC that (a) you
shall comply with exptech.coms 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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By:___________________________________________
Signature
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___________________________________________
Print Name
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___________________________________________
Company Name
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___________________________________________
Title
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