GeorgiaGetaway.com Sponsorship Agreement
These Terms and Conditions shall govern participation in the GeorgiaGetaway.com Sponsorship Program (hereinafter, either the ""GeorgiaGetaway Sponsorship Program" or the "Program"), which is offered by Bob and Weave Enterprises, Inc., which operates the website GeorgiaGetaway.com. The GeorgiaGetaway Sponsor Program is offered to
individuals or entities operating other web sites subject to these
Terms and Conditions. The term "Sponsor" shall refer to any
individual or entity who accepts these Terms and Conditions by
clicking the "I Agree" icon.
1.0 GEORGIAGETAWAY.COM SPONSORSHIP PROGRAM
The GeorgiaGetaway Sponsorship Program enables users to add certain
links and promotional features to the GeorgiaGetaway.com web site. These links will be served through the Web Adverts software installed on the GeorgiaGetaway.com website. These links will be placed and/or rotated through out the GeorgiaGetaway website as outlined below:
1.1 Featured Listing:
consisting of a site description of no more than 35 words and a picture supplied by sponsor. All pictures will be resized to the dimensions of 100x100 pixels. Bob and Weave Enterprises reserves the right to modify and/or edit Sponsors site description. The Featured Listing will be placed at the best available position, as determined by Bob and Weave Enterprises, Inc. No guarantee of number of impressions or click-throughs of the Featured Listing is given.
1.2 Run-of-Site Ad:
Sponsor's ad banner will be placed into rotation at the GeorgiaGetaway.com website. Ads will be in GIF or JPG format, will be 125x125 pixels in dimension and will be no more that 8k in size. GeorgiaGetaway will supply Sponsor with three complimentary ads, or Sponsor may supply ads. Any ad banners supplied by Sponsor may be rejected at the sole discretion of Georgiagetaway.com and Bob and Weave Enterprises, Inc. Placement of Sponsor's ad banner on the GeorgiaGetaway.com website is at the sole discretion of GeorgiaGetaway and Bob and Weave Enterprises, Inc. All ad banners will reside on the GeorgiaGetaway.com server and will be served via the Web Adverts software installed on the GeorgiaGetaway.com server. No guarantee of number click-throughs of Sponsor's banner is given. Sponsor should receive a minimum of 2500 impressions (as counted by the Web Adverts software installed on the GeorgiaGetaway.com website) of the run-of-site ad banner per month of the Sponsorship agreement. If at the end of the Sponsorship Agreement, Sponsor has received less than a total of 2500 impressions per month then the agreement will be extended until a total of 3500 impressions per month of the original agreement has been reached.
1.3 Other Benefits:
GeorgiaGetaway.com may, but is not required to, grant Sponsors additional benefits. These benefits may include special ranking in searches of the GeorgiaGetaway.com database, promotion of Sponsors website via electronic newsletter or additional links on the GeorgiaGetaway.com website.
1.4 Period of Sponsorship:
Upon acceptance of Sponsor and payment to Bob and Weave Enterprises by Sponsor, the program will start on the first day that Sponsor's Featured Listing and Run-of-Site Ad Banner first appear on the GeorgiaGetaway website and will terminate after the time period specified in Sponsor's application, subject to the following definitions:
One month=31 days
Three months=92days
Six months= 183 days
Twelve months=365 days
Unless notified otherwise, Sponsor may extend the period of sponsorship by applying via the form provided in the Sponsors Only section of the GeorgiaGetaway.com website known as "Sponsors Central" and paying to Bob and Weave Enterprises the fee for program extension as indicated.
Upon receiving payment from Sponsor, the program will be extended for the time period indicated in Sponsor's application. All provisions of this agreement will remain in effect.
2.0 REGISTRATION AND ACCEPTANCE
2.1 Age of Consent.
By registering for the Program and accepting
these Terms and Conditions, Sponsor represents and
warrants that he or she is of the legal age of consent in all
applicable jurisdictions and, in any event, is at least 18 years of
age. Any parent/guardian of a person less than 18 years of age
may accept these Terms and Conditions on behalf of such person;
however, in no event shall any person less than 13 years of age
participate in the Program. Parents/guardians must complete the
required registration information for themselves in addition to for
their children. By registering for the Program and accepting these
Terms and Conditions on behalf of a child, any such
parent/guardian hereby represents and warrants that he or she
shall assume full responsibility for his or her child's participation in,
compliance with, and conduct in connection with the Program.
2.2 Authority to Participate.
By registering for the Program and
accepting these Terms and Conditions, Sponsor represents
and warrants that he or she can lawfully bind him or herself to
these Terms and Conditions and can lawfully participate in the
Program in the jurisdiction(s) where Sponsor is located. No
Sponsor may participate in the Program where doing so
would be prohibited by any law or regulation having the force of
law applicable to Sponsor.
2.3 Content of Sponsors Web Site(s).
By registering for
the Program and accepting these Terms and Conditions, Sponsor represents and warrants that his/her web site(s) does not
and will not contain, display or include obscene, indecent,
pornographic, or adult content, including, but not limited to, text,
graphics and images. By registering for the Program and accepting
these Terms and Conditions, Sponsor represents and
warrants that his/her web site(s) contains and displays content
(including, but not limited to, text, graphics and images) in addition
to the links, promotional materials, and branding made available
pursuant to the Program.
2.4 Information Submitted by Sponsor.
By accepting
these Terms and Conditions, Sponsor represents and
warrants: (i) that all information submitted by Sponsor in
registering for the Program is true, accurate, current, and
complete; and (ii) that Sponsor shall maintain and update
information submitted in registering for the Program in order to
keep it true, accurate, current and complete at all times. If any
information that Sponsor submits in the registration process
is untrue, inaccurate, not current or incomplete, GeorgiaGetaway shall have
the right to terminate Sponsor's participation in the Program.
2.5 Binding Acceptance.
In order to participate in the Program,
Sponsor will be required to enter certain registration
information and to click the "I Agree " button. BY PROVIDING
REGISTRATION INFORMATION AND CLICKING THE "I AGREE "
BUTTON, SPONSOR AGREES TO BE BOUND BY THESE
TERMS AND CONDITIONS.
2.6 Modification and Amendment of Terms and Conditions.
GeorgiaGetaway reserves the right, in its sole discretion, to change, modify,
add or remove all or part of these Terms and Conditions. GeorgiaGetaway will
notify Sponsor of any modifications or amendments to these
Terms and Conditions. As used throughout these Terms and Conditions, the
phrase "Terms and Conditions" shall include any amendments or
modifications to the Terms and Conditions expressed herein.
2.7 Acceptance of Sponsors Application
GeorgiaGetaway.com and Bob and Weave Enterprises reserves the right to reject any application for sponsorship for any reason whatsoever. Sponsor will be notified of their acceptance or rejection to participate in the program be electronic mail. Upon acceptance Sponsor agrees to pay Bob and Weave Enterprises the amount specified in the application form by company or personal check, money order, or via online payment through Bob and Weave Enterprise's account with PayPal.
3.0 SPONSOR'S OBLIGATIONS
3.1 Responsibility for Web Sites.
Sponsor acknowledges
and agrees that it shall be solely responsible for Sponsor's
web site(s) and all content, products, services, and/or links
displayed on or made available through or in connection with such
website(s).
3.2 Prohibited Conduct.
Sponsor represents and warrants as follows:
Sponsor will not violate or encourage any third party or
entity to violate any law or regulation having the force of law,
including, but not limited to, laws prohibiting the sale of certain
goods and services, laws prohibiting the export of certain goods
or services, and laws prohibiting the obscenity.
Sponsor will not defame, impersonate or invade the
privacy of any third party or entity or encourage any third party
or entity to do the same.
Sponsor will not engage in any conduct that infringes the
rights of any third party, including, but not limited to, the
intellectual property, business, contractual, or fiduciary rights
of others or encourage any third party or entity to do the
same.
Sponsor will ensure that its web site(s) will not inhibit a
user's ability to return to the GeorgiaGetaway Website.
3.3 Termination of Participation.
Without limitation, Sponsor's participation in the Program may be terminated without compensation, where
GeorgiaGetaway, in its sole discretion, determines: (1) that any content,
goods, services, or links displayed on or made available through or
in connection with Sponsor's web site(s) are illegal,
obscene, indecent, vulgar, offensive, dangerous, or are otherwise
deemed inappropriate by GeorgiaGetaway in its sole discretion; (2) that
Sponsor or Sponsor's web site(s) is or has become
the subject of a government complaint or investigation; or (3) that
Sponsor or Sponsor's web site(s) violates, has
violated, or threatens to violate either the letter of these Terms
and Conditions or the spirit behind them.
4.0 TERMINATION
4.1 Termination.
Without limitation, Sponsor's
participation in the Program shall be deemed automatically
terminated immediately upon Sponsor's violation
of these Terms and Conditions or of any applicable law or
regulation having the force of law. In addition, without limitation,
Sponsor's participation in the Program may be terminated
where GeorgiaGetaway, in its sole discretion determines: (1) that any
content, goods, services, or links displayed on or made available
through or in connection with Sponsor's web site(s) are
obscene, indecent, vulgar, offensive, dangerous, or are otherwise
deemed inappropriate by GeorgiaGetaway, in its sole discretion; (2) that
Sponsor or Sponsor's web site(s) is or has become
the subject of a government complaint or investigation; or (3) that
Sponsor or Sponsor's web site(s) threatens to violate
either the letter of these Terms and Conditions or the spirit behind
them.
4.2 Effect of Termination. Upon termination, Sponsor shall
immediately cease and desist from exercising any rights conferred
by these Terms and Conditions. Upon termination, Sponsor may not register for any subsequent participation in the
Program or rejoin the Program, without the prior, written consent
of GeorgiaGetaway.
4.3 Waiver. Sponsor expressly waives any statutory or
other legal protection in conflict with the provisions of this Section
4.0.
5.0 SPONSOR'S PRIVACY
5.1 GeorgiaGetaway will not provide any information that
Sponsor submits in registering for the Program to any individual, or entity.
5.2 Password. Sponsor shall receive a password to access
Sponsor's account. Sponsor is entirely responsible for
any and all activities which occur under Sponsor's password.
Sponsor agrees to keep its password confidential, to allow
no other person or company to use its password, and to notify
GeorgiaGetaway promptly if Sponsor has any reason to believe that
the security of its account has been violated.
5.3 Contact. GeorgiaGetaway and/or Bob and Weave Enterprises, Inc. may contact Sponsor
directly from time to time.
5.4 Online Directories. If Sponsor registers to have Sponsor's web site included in GeorgiaGetaway' online directories, then Traffic
Affiliate's site name, URL, contact information, and categorical
classification information, as well as the information provided in
response to the additional registration fields for the online
directories will be used publicly and will not be subject to GeorgiaGetaway'
privacy policy.
5.6 Privacy Policy. Except as expressly provided in these Terms
and Conditions, information submitted by Sponsor in
connection with the Program shall be governed by GeorgiaGetaway' Privacy
Policy.
6.0 INDEMNITY
Sponsor agrees to indemnify and hold harmless GeorgiaGetaway, and
its parents, subsidiaries, affiliates, officers, directors, shareholders,
employees and agents, from any claim or demand, including,
without limitation, penalties, interest, reasonable attorneys' fees
and costs claimed, demanded, or incurred in connection with any
claim or demand, made by any third party due to or arising directly
or indirectly out of Sponsor's conduct, Sponsor's
participation in the Program, any content, goods, services, or links
displayed on or made available through or in connection with
Sponsor's web site(s), any claim that GeorgiaGetaway is obligated to
pay tax obligations in connection with compensation paid to Traffic
Affiliate pursuant to the Program, any alleged violation of these
Terms and Conditions, any alleged violation of any applicable law or
regulation, or any alleged violation of any rights of another,
including but not limited to Sponsor's use of any content,
trademarks, service marks, trade names, copyrighted or patented
material, or other intellectual property used in connection with
Sponsor's web site(s). GeorgiaGetaway reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by Sponsor, but
doing so shall not excuse Sponsor's indemnity obligations.
GeorgiaGetaway shall have the right to participate in the defense of all claims
pursuant to this Section.
7.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
7.1 Disclaimer of Warranties. THE PROGRAM, INCLUDING ALL
SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, GEORGIAGETAWAY DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION
WITH THE PROGRAM. GEORGIAGETAWAY DISCLAIMS ALL LIABILITY FOR THE
SOFTWARE AND SERVICES PROVIDED. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow
the disclaimer of implied warranties. In such jurisdictions, the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
7.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL
GEORGIAGETAWAY BE LIABLE TO SPONSOR ON ACCOUNT SPONSOR'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF
THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO
PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION,
SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GEORGIAGETAWAY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF
THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO
PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GEORGIAGETAWAY
WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are
not permitted. In such jurisdictions, the foregoing limitation may
not apply to you.
8.0 RELEASE
Sponsor hereby agrees to release GeorgiaGetaway and its parents,
subsidiaries, affiliates, officers, directors, agents, shareholders, and
employees from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of any
kind or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that Sponsor may
have against them arising out of or in any way related to such
disputes and/or to the Program. Sponsor hereby agrees to
waive all laws that may limit the efficacy of such releases
9.0 NO RESALE, ASSIGNMENT, OR SUBLICENSING
Sponsor agrees not to resell, assign, sublicense, otherwise
transfer, or delegate its rights or obligations under these Terms
and Conditions without the prior express written authorization of
GeorgiaGetaway.
10.0 FORCE MAJEURE
Under no circumstances shall GeorgiaGetaway be liable for any delay or failure
in performance under these Terms and Conditions resulting directly
or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor
or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
11.0 NOTICES
Notices or communications pursuant to these Terms and Conditions
shall be sent by electronic mail or in writing and shall be deemed
delivered upon receipt to the party to whom such communication is
directed, at the following addresses: (a) if to GeorgiaGetaway, such notices
shall be addressed to sponsor@GeorgiaGetaway.com or 1860 Poinsetta Dr., Acworth, GA 30102, USA, (b) if Sponsor, such notices shall be addressed to the electronic or
mailing address specified when Sponsor registers for
participation in the Program, or (c) such other address as either
party may give the other by notice as provided above.
12.0 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter hereof and
supersedes all previous proposals, both oral and written,
negotiations, representations, writings and all other
communications between the parties.
13.0 CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in
accordance with, and all legal issues arising from or related to
Sponsor's participation in the Program shall be determined
by, the laws of the Commonwealth of Georgia without
regard to that state's conflict of law provisions. The state and
federal courts of Georgia shall be the exclusive forum and
venue to resolve any and all disputes arising out of or relating to
these Terms and Conditions or to Sponsor's participation in
the Program. Sponsor and GeorgiaGetaway consent to personal
jurisdiction and venue in the appropriate state court in Fulton
County, Commonwealth of Georgia or the United States
District Court for the District of Georgia.
14.0 NON-WAIVER AND SEPARABILITY
GeorgiaGetaway' failure to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any provision of
these Terms and Conditions to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties
intentions as reflected in the provis |