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Web Site Linking Agreement
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Web Site Linking Agreement Background
Information WHEREAS,
Licensor is the owner and operator of a site on the World Wide Web which
is devoted to __________________ and which is located at the following
domain address: http://www.________________
("Licensor's Site"); WHEREAS,
Licensee is the owner and operator of a site on the World Wide Web which
is devoted to __________________ and which is located at the following
domain address: http://www.________________
("Licensee's Site"); WHEREAS,
Licensee wishes to obtain a graphic link on Licensor's Site on which
users of Licensor's Site can click to be transported to Licensee's Site;
and WHEREAS,
Licensor is willing to provide such a link Licensor’s Site for Licensee,
in consideration for receiving compensation as set forth in Exhibit
“A” attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the promises
and mutual covenants and agreements set forth herein, the Licensor and
Licensee agree as follows: 1.
Licensor shall place the Licensee's Image on the Licensor's
Home Page so that the Licensee's Link Graphic is immediately visible
upon the first load of Licensor’s [Paragraph
Omitted But Included In Fully Licensed Version] 2.
Licensee or Licensee may terminate the Agreement if
the other party materially alters the content or structure of their
respective Web Sites [Paragraph
Omitted But Included In Fully Licensed Version] 3.
Each party represents and warrants to the other party
that on the Effective Date and during the entire term of the Agreement:
(a)
The representing party has the unrestricted right to
enter into this Agreement, and this Agreement does not conflict with
any other agreement or obligation by which such party is bound. (b)
The representing party’s Web Site does not violate
the [Paragraph
Omitted But Included In Fully Licensed Version] (c)
The representing party’s Web Site does not violate
any [Paragraph
Omitted But Included In Fully Licensed Version] (d)
The representing party’s Web Site does not include
any material which is [Paragraph
Omitted But Included In Fully Licensed Version] (e)
[Paragraph
Omitted But Included In Fully Licensed Version] (f)
NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES
TO THE OTHER PARTY, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR
[Paragraph
Omitted But Included In Fully Licensed Version] 4.
[Paragraph
Omitted But Included In Fully Licensed Version] 5.
Each party agrees to defend, indemnify, and hold harmless
the other party, its officers, directors, employees and agents, from
and against any claims, actions, causes of action, suits, thre
[Paragraph Omitted But Included In Fully
Licensed Version] 6.
Licensee shall cause the Link placed on Licensor’s
Site to load to [Paragraph
Omitted But Included In Fully Licensed Version] 7.
Licensee shall collect and report to Licensor the number
of users who access
[Paragraph Omitted But Included In Fully
Licensed Version] 9.
Licensee grants to Licensor a nonexclusive, worldwide
license to copy and publicly [Paragraph
Omitted But Included In Fully Licensed Version] 10.
In full consideration for the rights granted hereunder,
Licensee shall pay to Licensor, on a monthly basis, the Linking Fee
as set forth in Exhibit “A” attached hereto. Such payment shall be made
monthly on or before the tenth (10th) day of each month during
the term hereof. 11.
This Agreement shall be for a term of one (1) year
commencing on the Effective Date and terminating on the one (1) year
anniversary date of the Effective Date. This Agreement shall automatically
renew for successive terms of one (1) year [Paragraph
Omitted But Included In Fully Licensed Version] 12.
The parties agree to submit any dispute arising out
of or in connection with this Agreement, except for any action related
to the violation or infringement of proprietary rights of either party,
to [Paragraph
Omitted But Included In Fully Licensed Version] 13.
This Agreement and the relationship between the parties
shall be interpreted under the laws of the State of _____________. 15.
This Agreement and the Exhibits referred to herein
and attached hereto, contains the entire understanding and agreement
of the parties with respect to the subject matter contained herein,
and supersedes all prior oral or written [Paragraph
Omitted But Included In Fully Licensed Version] 16.
Neither party shall be held responsible for damages
caused by any delay or default due [Paragraph
Omitted But Included In Fully Licensed Version] 17.
If any provision of this Agreement shall be held by
a court of competent jurisdiction [Paragraph
Omitted But Included In Fully Licensed Version] 18.
Neither party may sell, assign, or transfer their rights
or [Paragraph
Omitted But Included In Fully Licensed Version] 19.
The parties are separate and independent legal entities.
Nothing contained in this Agreement shall be deemed to [Paragraph
Omitted But Included In Fully Licensed Version] IN WITNESS WHEREOF, this Agreement is executed
as of the Effective Date set forth above. Exhibit
“A” Compensation
Schedule Alternative
I – Fixed Monthly Fee [Paragraph
Omitted But Included In Fully Licensed Version] Exhibit
“A” Compensation
Schedule Alternative
II – Fee Based On Advertising Revenues In consideration for the
linking rights provided by Licensor hereunder, Licensee shall pay Licensor
an amount equal to the “Licensor’s Share of Advertising Revenue” as
defined in this Agreement. [Paragraph
Omitted But Included In Fully Licensed Version] Licensee shall be responsible
for maintaining a system to track the qualified Hits [Paragraph
Omitted But Included In Fully Licensed Version] Licensee agrees to keep accurate books and records
at its principal place of business [Paragraph
Omitted But Included In Fully Licensed Version] Licensee agrees to take all reasonable steps to maintain continued access to it’s web site by the public so as to maximize potential advertising [Paragraph Omitted But Included In Fully Licensed Version]
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