recapMasonJars.com
Program Terms
This Affiliate Marketing Program Agreement ("Agreement") provides terms and conditions applicable to your membership in the Mason Jars Company/reCAP Mason Jars Affiliate Marketing Program (“AMP”). Mason Jars Company, maker of reCAP Mason Jars, and Publisher acknowledge that they may be parties to agreements with "Marketing Affiliates" (i.e. ShareASale, Commission Junction; Yahoo; Google; ect.) and may be participants in a Marketing Affiliate Network ("Program").
1. Overview.
o Mason Jars Company ("MJC"), maker of reCAP Mason Jars, operates www.MasonJars.com and www.reCAPMasonJars.com as ecommerce platforms to sell reCAP products, provide Mason jars information and resources, and to profitably grow the existing Wholesale Partner programs. As part of its Web site, reCAP offers AMP, through which approved companies operating their own Web sites ("Publisher(s)") are granted a revocable, limited and non-exclusive right to:
- lawfully advertise and promote reCAP products and website solely in a manner approved by reCAP;
- lawfully post an approved graphical or textual Internet hyper-link ("Link") to the reCAP Web site; and
- lawfully direct visitors from the Publisher's Web Site to a specific URL or landing page designated by MJC ("Destination Site").
- Publishers are offered the opportunity to earn an "Advertising Fee" (the Advertising Fee is posted on the AMP Web site and may be changed in MJC sole discretion by posting a different Advertising Fee on the AMP Web site) for each "Qualified Data Submission" (as defined in Section 7 herein).
2. Approval.
o All participation in AMP is subject to MJC approval, which may be withheld in MJC' sole discretion. In addition, each approval is made on a Web site by Web site basis, for those Publishers operating more than one Web site. Publisher must submit the URL for each Web site for which the Publisher is seeking approval, regardless of whether Publisher maintains a separate account on the Program for such Publisher Web site.
o Unless notified to the contrary, in writing from MJC, all prospective Publishers must submit an application to MJC through one of its Marketing Affiliate(s) in order to become an "approved" Publisher eligible to participate in AMP and post Links to the MJC Web site and earn Advertising Fees.
o Unless notified to the contrary, MJC will notify each prospective Publisher through its Marketing Affiliate(s) in writing (by e-mail or otherwise) whether or not it has been approved. Publisher is not authorized to participate in AMP or to post Links to the MJC Web site until approved in advance by MJC.
3. Limited License to Use MJC Marks.
o Upon receiving a written notice of approval, MJC grants to Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to use (in the United States) only those MJC marks, trademarks, service marks, trade names, trade dress, logos, graphics and icons specifically designated and provided by MJC ("Marks") solely in connection with the marketing, advertising, and promotion of the MJC advertisements posted on the Publisher's Web site (which advertisements must be approved by MJC) and in connection with the graphical/textual Links to the Destination Site.
o Publisher's use of the MJC’ Marks will at all times be subject to the prior written approval of MJC and in accordance with the following:
? Publisher shall comply with all reasonable guidelines provided by MJC with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of MJC and its products and services.
? Publisher's use of the Marks shall include the appropriate trademark/service mark symbols and Publisher shall not remove such symbols.
o Nothing in the Agreement gives Publisher any right, title or interest in the "Mason Jars Company®" and “reCAP®” logo or mark, or any other MJC owned marks. MJC reserves all rights, title and interest in the Marks and the goodwill associated with use of the Marks shall inure solely to the benefit of MJC. All rights not expressly granted in the Agreement are reserved by MJC.
o The Publisher's right to use the Marks is limited to and arises only out of the license granted hereunder. This license may be immediately terminated upon notice from MJC and shall automatically terminate upon any termination or expiration of this Agreement.
o Publisher shall not assert the invalidity, unenforceability, or contest the ownership by MJC of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice MJC's right, title or interest in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
o Publisher agrees not to register or attempt to register any phrases, marks or logos that would cause confusion, or be likely to cause confusion, with any of the MJC' Marks.
o Publisher acknowledges MJC rights in and to the Marks and any display by Publisher of Marks will inure to the sole benefit of MJC.
o Publisher may not make any specific representations concerning the quality of any MJC products or services, nor that MJC "officially" endorses Publisher in any way, nor that MJC recommends Publisher's products or services over those of any other company or person.
o Publisher is not permitted to use the Marks to disparage or parodize MJC, reCAP, its subsidiaries, products, or services, or for promotional goods, or for products which in MJC reasonable judgment may diminish or otherwise damage MJC’s goodwill in the Marks, including but not limited to uses that could be deemed to be obscene, violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities.
4. Usage Guidelines.
o MJC requires that Publisher obtain original digital or camera-ready artwork directly from MJC. No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to the Marks are permitted.
o All printed materials or visual displays that involve any graphics or color should be presented in color the original colors provided.
o The "Mason Jars Company®" and “reCAP®” logos may only be displayed in approved blue or black and white as provided by MJC. Black and white can only be used in approved materials.
o The typeface for the Marks will only be the typeface supplied by MJC.
o Original logo art supplied by MJC can be enlarged or reduced in size, but must be done in exact proportion to the original height and width. The Marks should always have the "®" registered mark symbol near the right shoulder of the mark.
o The "Mason Jars Company®" and “reCAP®” logos must only appear in standard size for the allowed Publisher materials, such size to be pre-approved by MJC in accordance with the terms of the Agreement.
o The Publisher's mark(s), name(s) and/or logo(s) must not touch or be placed inside of any part of the "Mason Jars Company®" and “reCAP®” logos.
o The "Mason Jars Company®" and “reCAP®” logos may not be violated or touched by any other text or graphics in any way and there must be a border of space of at least 15 percent of the total height of the letter "Q" surrounding the "Mason Jars Company®" and “reCAP®” logos on all sides in every instance the Logo appears.
o Any marketing materials or visual display for the Publisher's products or services that use the "Mason Jars Company®" and “reCAP®” logos must (in the sole opinion of MJC) be consistent with the following brand attributes of the products and services offered by MJC (e.g. easy-to-use, trusted, financial and very high quality.)
o Any colors, fonts, images or graphics that are used in materials that visually display the "Mason Jars Company®" and “reCAP®” logos should reflect those same brand attributes without copying the overall MJC trade dress that appears on the MJC' Websites or other MJC created materials.
o In MJC review of Publisher's marketing materials, MJC may provide input about whether said materials or displays conform to the brand character. If marketing materials or visual displays are, in the sole opinion of MJC, inconsistent with MJC brand character, MJC can require that such materials be changed prior to any public distribution as set forth in the Agreement.
o The "Mason Jars Company®" and “reCAP®” logos are a service mark of MJC and its parent Intuit Inc. and must appear with the ® symbol placed on the right "shoulder" of the mark. Thus, the correct symbol placement generally is as follows: "Mason Jars Company®" and “reCAP®.” The symbol must appear in every iteration of the mark in logo form, but may be omitted after the first mention in prose/plain-text materials.
o In addition to the above, the appropriate ownership legend must be included in the "legal notices" section of any materials in which the "Mason Jars Company®" and “reCAP®” logos or mark are displayed. This legend must read generally as follows: "Mason Jars Company®" and “reCAP®” are registered marks of Mason Jars Company, LLC, displayed with permission." In advertising and promotional materials, the legend is typically placed at the bottom of the ad or layout. The legend may appear in small type, but must still be legible.
o Publisher should attempt to use the "Mason Jars Company®" and “reCAP®” marks as an adjective in at least its first iteration in said materials (i.e., "MJC service"). Subsequently, the generic word which the "Mason Jars Company®" and “reCAP®” logos modifies may be omitted where the immediate context shows that the word is intended, such as during repetitive mentions of the software within a single paragraph or section.
o MJC reserves the right to object to unfair uses or misuses of the "Mason Jars Company®" and “reCAP®” logos or other violations of applicable law.
o Permission to use the "Mason Jars Company®" and “reCAP®” logos and marks are subject to written approval by an authorized representative of MJC as to each of Publisher's uses.
5. Limited License to Link to MJC Web Site.
o Upon receiving a written notice of approval, MJC will provide Publisher with the logos and graphics for graphical/textual Links and grant Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to post on each of Publisher's Web sites that have been approved by MJC in advance, graphical/textual Links (only as approved by MJC) to the MJC Destination Site and to direct visitors to the Destination Site in accordance with the terms and conditions of this Agreement.
o Publisher's use of the MJC' graphical and textual Links must comply with the following:
? The Link between the Publisher's Web site and MJC Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or redirects);
? The Link between the Publisher's Web site and MJC Destination Site may not be framed or co-branded by Publisher;
? The Link between the Publisher's Web site and MJC Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and
? The Link must incorporate a unique "tag" provided by MJC in order to permit accurate tracking, reporting and credit for Advertising Fee payments. Publisher must ensure that each of the Links between its Web site and the Destination Site properly utilize the MJC tagged link format. Publishers will only earn Advertising Fees with respect to activity on the
Destination Site occurring directly through a tagged Links. MJC will not be liable to pay Publisher for Qualified Sales Transactions that are received from untagged Links.
6. Advertising Restrictions.
o Publisher's Web site must have bona fide content and may not simply use or employ domain names which are similar to the Marks, the Destination Site or to MJC Web site in order to obtain data submissions (e.g., domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the MJC Web sites are not permitted) or incorporate any of the Marks as metatags on any pages on the Publisher's Web site, nor may Publisher use search engine placements (e.g. purchase of key terms) that are based on the Marks, or domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the MJC' Marks or Web sites.
o Under AMP, Publisher shall not:
? have any authority to make or publish any statement, claims, representation or warranty about MJC products or services, which could be deemed to be a binding offer, obligation or guarantee by MJC (other than as expressly authorized by MJC in writing);
? misrepresent the services provided by MJC or the services offered by the MJC Web site;
? imply any type of affiliation or relationship with MJC, other than that of advertiser;
? assist or attempt to assist MJC in the procurement or origination from visitors to or Links from the Publisher's Web site;
? solicit visitors by e-mail;
? solicit visitors by telemarketing;
? solicit visitors by pop-up advertisements; or
? provide cash, points or gifts to entice visitors as an incentive to complete an action on the Destination Site.
7. Qualified Sales Transactions.
o MJC reserves the right to cap the maximum number of Qualified Sales Transactions that it will receive from Publisher in a single calendar day. MJC reserves the right to adjust the cap at any time and such adjustments may be communicated to Publisher via e-mail. In any event, Publisher will adjust the cap within 1 business day.
o MJC will only pay an Advertising fee for "Qualified Sales Transactions" that meet all of the following conditions:
? It must originate from a lawful click on an approved MJC advertisement (MJC' approved text link, banner advertisement or other approved method of creating a hyperlink between Publisher's Website and the Destination
Site) posted on the Publisher's Web site, which operates as a textual/graphical hyper-link to a Destination Site;
? it must originate from a bona fide visitor with a legitimate interest in purchasing MJC and reCAP products (e.g., the visitor must be at least 18 years of age and provide a legitimate name, property address, telephone number, form of payment, and e-mail address; and
? it must be received by MJC during the term of this Agreement, prior to termination.
o Publisher shall not employ any means, method or device to artificially inflate the number of Qualified Sales Transactions or to submit non-bona fide submission.
o Although Marketing Affiliates may track and calculate the data submissions in accordance with the Program, determination of whether the data submission is a Qualified Sales Transaction shall be made by MJC.
o MJC may chargeback to Publisher (e.g., debit or offset from any amounts owed) any Advertising Fees paid or credited to Publisher with respect to click-throughs that were not Qualified Sales Transactions or paid in error; the Publisher hereby consenting to the same.
o Other than the payment of the Advertising Fee, Publisher shall have no claims to any additional compensation, commissions or business derived by or through Qualified Sales Transactions.
o MJC may, from time to time, propose special offers, which will be subject to a separate agreement between MJC and the Publisher.
8. Representations, Warranties and Covenants.
o Publisher represents and warrants that:
? Publisher is duly organized, validly existing, and in good standing under the laws of the state or country of Publisher's origin;
? Publisher has established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to insure that full compliance with all federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
? Publisher will promptly notify MJC, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
? Publisher will perform a full investigation, within forty-eight (48) hours of receipt of a request, If either party receives an inquiry or complaint from a governmental agency (including any third party claims asserted in state or
federal courts) relating directly to the CAN-SPAM Act of 2003, the DO NOT CALL REGISTRY provisions, or any similar federal, state, or local statute or regulation; or for providing information that was procured through fraud, identity theft or any illegal or illicit means to determine the merits of the inquiry or complaint;
? Publisher will indemnify, defend, and hold harmless MJC from any and all third party claims resulting or arising from Publisher's acts or omissions;
? Publisher has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
? this Agreement has been duly authorized, executed, and delivered by Publisher and is a valid and binding obligation of Publisher enforceable in accordance with its terms;
? Publisher shall post and maintain during the term of this Agreement a privacy policy in connection with its Web site that is in compliance with applicable law; and
? the execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Publisher's governing documents; (b) any term or provision of any contract or agreement to which Publisher is a party; or (c) any order, code, regulation or law applicable to Publisher.
9. Disclaimer of Warranties and Limitation of Liability.
o THE DESTINATION SITE IS PROVIDED ON AN "AS IS" BASIS. MJC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, SECURITY, PERFORMANCE OR FUNCTIONALITY OF THE DESTINATION SITE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE DESTINATION SITE WILL BE ERROR OR VIRUS FREE OR THAT SERVICE WILL BE UNINTERRUPTED) AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. THE DESTINATION SITE IS SUBJECT TO CHANGE AT ANY TIME IN MJC' SOLE DISCRETION.
o UNDER NO CIRCUMSTANCES SHALL MJC BE LIABLE TO PUBLISHER; PUBLISHER'S VISITORS, USERS OR SUBSCRIBERS; OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH PUBLISHER FOR ANY LOSS, LIABILITIES, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE DESTINATION SITE; AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MJC SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF MJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. THE AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL ADVERTISING FEES PAID TO PUBLISHER UNDER THIS AGREEMENT.
o MJC MAKES NO WARRANTIES WITH RESPECT TO AMP, ANY OFFERINGS MADE THROUGH AMP, OR AS TO THE CONTINUATION OF OFFERINGS THROUGH AMP. ALL OFFERS AND ADVERTISEMENTS THROUGH AMP SHOULD BE CONSIDERED LIMITED TIME OFFERS.
10. Term and Termination.
o The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with seven days advanced notice, that such party desires to terminate the Agreement.
o This Agreement may be terminated immediately, without penalty, by MJC in the event that Publisher:
? operates an illegal business through its Web site and/or subscription e-mail list;
? engages in any illegal activity of any type, including but not limited to displaying illegal content on its Web site and/or in its subscription e-mails or offering any illegal goods or services through its Web site and/or subscription e-mails;
? uses its Web site or any Links therefrom to promote, any content which MJC, in its sole discretion, believes is misleading, abusive, violent, bigoted, hate-oriented, or pornographic;
? engages in indiscriminate or unsolicited advertising;
? places Links to the Destination Site in newsgroups, message boards, unsolicited e-mails or other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
? causes or enables Links to the Destination Site which are not made in good faith, including, but not limited to, by means of any device, program, robot, I-frames, hidden frames, JavaScript popup windows or redirects;
? employs the services of Gator Corporation, WhenU.com or any similar firm that utilizes spyware or similar applications in connection with any Web site on which Links to the Destination Site appear;
? establishes or causes to be established any promotion that provides any rewards, points or compensation for Qualified Sales Transactions;
? certain incentive and reward sites may be allowed into AMP with prior written approval from MJC and any applicable Marketing Affiliates.
? allows third parties to place Links to the Destination Site without MJC prior written permission;
? breaches the provisions of this Agreement; or
? dilutes, blurs or tarnishes the value of MJC Marks.
o Upon termination of this Agreement for breach, MJC will be released from all obligations and liabilities owed to Publisher.
o For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
o Termination of this Agreement will not relieve Publisher from any liability arising from any breach of this Agreement.
o Unless otherwise stated, upon termination of this Agreement:
? Qualified Sales Transactions obtained through Publisher's efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
? Publisher shall not be entitled to Advertisement Fees for Qualified Sales Transactions delivered after the date of termination;
? Publisher shall be entitled only to unpaid and undisputed Advertisement Fees, earned by Publisher prior to the date of termination;
? all rights and licensees granted to Publisher shall immediately terminate and, as such, Publisher will promptly cease all uses of any trade names, trademarks, service marks, logos and other designations of MJC or AMP; and
? Publisher shall return to MJC any confidential information, and all copies thereof, in its possession, custody and control.
11. Indemnity.
o Publisher shall defend, indemnify, and hold MJC (and its directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all claims, liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
? any breach of Publisher's representations, warranties or covenants set forth in this Agreement;
? any illegal activities of Publisher;
? any negligent act or omission of Publisher;
? any injury to persons or damages to property caused directly or indirectly by a negligent act or omission of Publisher; or
? any unauthorized use of the MJC Marks, Web site or AMP.
12. Confidential Information.
o Publisher acknowledges that, during the term of this Agreement, it may be entrusted with non-public Confidential Information relating to business,
operations or underlying technology of MJC. Publisher shall not use Confidential Information for purposes other than necessary to further the purpose of this Agreement. Publisher shall not disclose Confidential Information to third parties without the prior written consent of MJC.
o Should Publisher be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Publisher shall:
? give prior written notice of such disclosure to MJC; and
? use its best efforts to limit such disclosure to only that information which is required to be disclosed. Publisher's obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.
o Once a visitor clicks on the Link to the Destination Site, thereby requesting to establish a direct Link to the Destination Site, Publisher shall not employ any means, method or device (including, but not limited to, spyware or cookies) to monitor, track or record information regarding the visitor's usage on the Destination Site.
o Notwithstanding any other provision of this Agreement, MJC shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered on the Destination Site and through the Link to the Destination Site.
o All information or data contained in the Link between the Publisher's Web Site and the Destination Site shall be deemed confidential information belonging to MJC.
o All visitors that use the Destination Site shall be subject to additional terms and conditions posted on the Destination Site and shall be subject to the privacy policy posted on the Destination Site.
o Publisher shall use its best efforts to avoid any unauthorized disclosure or unauthorized use of the Confidential Information by any third parties (person or business)
o Publisher's Website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.
13. Additional Terms.
o Assignment. Publisher shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of MJC. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void.
o Severability. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
o Waiver. No delay or failure by MJC in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
o Equity. The rights and remedies of MJC are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Publisher acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.
o Construction. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
o Modification. MJC reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior notice to Publisher via electronic communication. If any modification is unacceptable to Publisher, Publisher's sole recourse is to terminate this Agreement. Publisher's continued participation in AMP after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change.
o Choice of Law and Venue. This Agreement has been made in the State of Pennsylvania and shall be construed and enforced in accordance with Pennsylvania law for contracts made and performed in the State of Pennsylvania. Any action to enforce this Agreement shall be brought in the Pennsylvania federal courts or state courts, the parties hereby by consenting to such exclusive jurisdiction and venue.
o Notice. Official notices should be sent to MJC via certified mail to: Mason Jars Company c/o Karen Rzepecki, 1001 State Street, STE 1220, Erie, PA 16501. Notices for termination can be sent via email at karen@masonjars.com.
o Independent Contractor. Participation in AMP does not constitute an employment, broker or agency relationship, between Publisher and MJC, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
o E-SIGNATURE. BY SUBMITTING A AMP APPLICATION AND BY CLICKING ON THE "SUBMIT" BUTTON, YOU ARE SIGNIFYING THAT YOU INTEND TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT IN INK.
© 2016 Mason Jars Company® reCAP Mason Jars® All Rights Reserved
1. Overview.
o Mason Jars Company ("MJC"), maker of reCAP Mason Jars, operates www.MasonJars.com and www.reCAPMasonJars.com as ecommerce platforms to sell reCAP products, provide Mason jars information and resources, and to profitably grow the existing Wholesale Partner programs. As part of its Web site, reCAP offers AMP, through which approved companies operating their own Web sites ("Publisher(s)") are granted a revocable, limited and non-exclusive right to:
- lawfully advertise and promote reCAP products and website solely in a manner approved by reCAP;
- lawfully post an approved graphical or textual Internet hyper-link ("Link") to the reCAP Web site; and
- lawfully direct visitors from the Publisher's Web Site to a specific URL or landing page designated by MJC ("Destination Site").
- Publishers are offered the opportunity to earn an "Advertising Fee" (the Advertising Fee is posted on the AMP Web site and may be changed in MJC sole discretion by posting a different Advertising Fee on the AMP Web site) for each "Qualified Data Submission" (as defined in Section 7 herein).
2. Approval.
o All participation in AMP is subject to MJC approval, which may be withheld in MJC' sole discretion. In addition, each approval is made on a Web site by Web site basis, for those Publishers operating more than one Web site. Publisher must submit the URL for each Web site for which the Publisher is seeking approval, regardless of whether Publisher maintains a separate account on the Program for such Publisher Web site.
o Unless notified to the contrary, in writing from MJC, all prospective Publishers must submit an application to MJC through one of its Marketing Affiliate(s) in order to become an "approved" Publisher eligible to participate in AMP and post Links to the MJC Web site and earn Advertising Fees.
o Unless notified to the contrary, MJC will notify each prospective Publisher through its Marketing Affiliate(s) in writing (by e-mail or otherwise) whether or not it has been approved. Publisher is not authorized to participate in AMP or to post Links to the MJC Web site until approved in advance by MJC.
3. Limited License to Use MJC Marks.
o Upon receiving a written notice of approval, MJC grants to Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to use (in the United States) only those MJC marks, trademarks, service marks, trade names, trade dress, logos, graphics and icons specifically designated and provided by MJC ("Marks") solely in connection with the marketing, advertising, and promotion of the MJC advertisements posted on the Publisher's Web site (which advertisements must be approved by MJC) and in connection with the graphical/textual Links to the Destination Site.
o Publisher's use of the MJC’ Marks will at all times be subject to the prior written approval of MJC and in accordance with the following:
? Publisher shall comply with all reasonable guidelines provided by MJC with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of MJC and its products and services.
? Publisher's use of the Marks shall include the appropriate trademark/service mark symbols and Publisher shall not remove such symbols.
o Nothing in the Agreement gives Publisher any right, title or interest in the "Mason Jars Company®" and “reCAP®” logo or mark, or any other MJC owned marks. MJC reserves all rights, title and interest in the Marks and the goodwill associated with use of the Marks shall inure solely to the benefit of MJC. All rights not expressly granted in the Agreement are reserved by MJC.
o The Publisher's right to use the Marks is limited to and arises only out of the license granted hereunder. This license may be immediately terminated upon notice from MJC and shall automatically terminate upon any termination or expiration of this Agreement.
o Publisher shall not assert the invalidity, unenforceability, or contest the ownership by MJC of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice MJC's right, title or interest in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
o Publisher agrees not to register or attempt to register any phrases, marks or logos that would cause confusion, or be likely to cause confusion, with any of the MJC' Marks.
o Publisher acknowledges MJC rights in and to the Marks and any display by Publisher of Marks will inure to the sole benefit of MJC.
o Publisher may not make any specific representations concerning the quality of any MJC products or services, nor that MJC "officially" endorses Publisher in any way, nor that MJC recommends Publisher's products or services over those of any other company or person.
o Publisher is not permitted to use the Marks to disparage or parodize MJC, reCAP, its subsidiaries, products, or services, or for promotional goods, or for products which in MJC reasonable judgment may diminish or otherwise damage MJC’s goodwill in the Marks, including but not limited to uses that could be deemed to be obscene, violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities.
4. Usage Guidelines.
o MJC requires that Publisher obtain original digital or camera-ready artwork directly from MJC. No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to the Marks are permitted.
o All printed materials or visual displays that involve any graphics or color should be presented in color the original colors provided.
o The "Mason Jars Company®" and “reCAP®” logos may only be displayed in approved blue or black and white as provided by MJC. Black and white can only be used in approved materials.
o The typeface for the Marks will only be the typeface supplied by MJC.
o Original logo art supplied by MJC can be enlarged or reduced in size, but must be done in exact proportion to the original height and width. The Marks should always have the "®" registered mark symbol near the right shoulder of the mark.
o The "Mason Jars Company®" and “reCAP®” logos must only appear in standard size for the allowed Publisher materials, such size to be pre-approved by MJC in accordance with the terms of the Agreement.
o The Publisher's mark(s), name(s) and/or logo(s) must not touch or be placed inside of any part of the "Mason Jars Company®" and “reCAP®” logos.
o The "Mason Jars Company®" and “reCAP®” logos may not be violated or touched by any other text or graphics in any way and there must be a border of space of at least 15 percent of the total height of the letter "Q" surrounding the "Mason Jars Company®" and “reCAP®” logos on all sides in every instance the Logo appears.
o Any marketing materials or visual display for the Publisher's products or services that use the "Mason Jars Company®" and “reCAP®” logos must (in the sole opinion of MJC) be consistent with the following brand attributes of the products and services offered by MJC (e.g. easy-to-use, trusted, financial and very high quality.)
o Any colors, fonts, images or graphics that are used in materials that visually display the "Mason Jars Company®" and “reCAP®” logos should reflect those same brand attributes without copying the overall MJC trade dress that appears on the MJC' Websites or other MJC created materials.
o In MJC review of Publisher's marketing materials, MJC may provide input about whether said materials or displays conform to the brand character. If marketing materials or visual displays are, in the sole opinion of MJC, inconsistent with MJC brand character, MJC can require that such materials be changed prior to any public distribution as set forth in the Agreement.
o The "Mason Jars Company®" and “reCAP®” logos are a service mark of MJC and its parent Intuit Inc. and must appear with the ® symbol placed on the right "shoulder" of the mark. Thus, the correct symbol placement generally is as follows: "Mason Jars Company®" and “reCAP®.” The symbol must appear in every iteration of the mark in logo form, but may be omitted after the first mention in prose/plain-text materials.
o In addition to the above, the appropriate ownership legend must be included in the "legal notices" section of any materials in which the "Mason Jars Company®" and “reCAP®” logos or mark are displayed. This legend must read generally as follows: "Mason Jars Company®" and “reCAP®” are registered marks of Mason Jars Company, LLC, displayed with permission." In advertising and promotional materials, the legend is typically placed at the bottom of the ad or layout. The legend may appear in small type, but must still be legible.
o Publisher should attempt to use the "Mason Jars Company®" and “reCAP®” marks as an adjective in at least its first iteration in said materials (i.e., "MJC service"). Subsequently, the generic word which the "Mason Jars Company®" and “reCAP®” logos modifies may be omitted where the immediate context shows that the word is intended, such as during repetitive mentions of the software within a single paragraph or section.
o MJC reserves the right to object to unfair uses or misuses of the "Mason Jars Company®" and “reCAP®” logos or other violations of applicable law.
o Permission to use the "Mason Jars Company®" and “reCAP®” logos and marks are subject to written approval by an authorized representative of MJC as to each of Publisher's uses.
5. Limited License to Link to MJC Web Site.
o Upon receiving a written notice of approval, MJC will provide Publisher with the logos and graphics for graphical/textual Links and grant Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to post on each of Publisher's Web sites that have been approved by MJC in advance, graphical/textual Links (only as approved by MJC) to the MJC Destination Site and to direct visitors to the Destination Site in accordance with the terms and conditions of this Agreement.
o Publisher's use of the MJC' graphical and textual Links must comply with the following:
? The Link between the Publisher's Web site and MJC Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or redirects);
? The Link between the Publisher's Web site and MJC Destination Site may not be framed or co-branded by Publisher;
? The Link between the Publisher's Web site and MJC Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and
? The Link must incorporate a unique "tag" provided by MJC in order to permit accurate tracking, reporting and credit for Advertising Fee payments. Publisher must ensure that each of the Links between its Web site and the Destination Site properly utilize the MJC tagged link format. Publishers will only earn Advertising Fees with respect to activity on the
Destination Site occurring directly through a tagged Links. MJC will not be liable to pay Publisher for Qualified Sales Transactions that are received from untagged Links.
6. Advertising Restrictions.
o Publisher's Web site must have bona fide content and may not simply use or employ domain names which are similar to the Marks, the Destination Site or to MJC Web site in order to obtain data submissions (e.g., domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the MJC Web sites are not permitted) or incorporate any of the Marks as metatags on any pages on the Publisher's Web site, nor may Publisher use search engine placements (e.g. purchase of key terms) that are based on the Marks, or domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the MJC' Marks or Web sites.
o Under AMP, Publisher shall not:
? have any authority to make or publish any statement, claims, representation or warranty about MJC products or services, which could be deemed to be a binding offer, obligation or guarantee by MJC (other than as expressly authorized by MJC in writing);
? misrepresent the services provided by MJC or the services offered by the MJC Web site;
? imply any type of affiliation or relationship with MJC, other than that of advertiser;
? assist or attempt to assist MJC in the procurement or origination from visitors to or Links from the Publisher's Web site;
? solicit visitors by e-mail;
? solicit visitors by telemarketing;
? solicit visitors by pop-up advertisements; or
? provide cash, points or gifts to entice visitors as an incentive to complete an action on the Destination Site.
7. Qualified Sales Transactions.
o MJC reserves the right to cap the maximum number of Qualified Sales Transactions that it will receive from Publisher in a single calendar day. MJC reserves the right to adjust the cap at any time and such adjustments may be communicated to Publisher via e-mail. In any event, Publisher will adjust the cap within 1 business day.
o MJC will only pay an Advertising fee for "Qualified Sales Transactions" that meet all of the following conditions:
? It must originate from a lawful click on an approved MJC advertisement (MJC' approved text link, banner advertisement or other approved method of creating a hyperlink between Publisher's Website and the Destination
Site) posted on the Publisher's Web site, which operates as a textual/graphical hyper-link to a Destination Site;
? it must originate from a bona fide visitor with a legitimate interest in purchasing MJC and reCAP products (e.g., the visitor must be at least 18 years of age and provide a legitimate name, property address, telephone number, form of payment, and e-mail address; and
? it must be received by MJC during the term of this Agreement, prior to termination.
o Publisher shall not employ any means, method or device to artificially inflate the number of Qualified Sales Transactions or to submit non-bona fide submission.
o Although Marketing Affiliates may track and calculate the data submissions in accordance with the Program, determination of whether the data submission is a Qualified Sales Transaction shall be made by MJC.
o MJC may chargeback to Publisher (e.g., debit or offset from any amounts owed) any Advertising Fees paid or credited to Publisher with respect to click-throughs that were not Qualified Sales Transactions or paid in error; the Publisher hereby consenting to the same.
o Other than the payment of the Advertising Fee, Publisher shall have no claims to any additional compensation, commissions or business derived by or through Qualified Sales Transactions.
o MJC may, from time to time, propose special offers, which will be subject to a separate agreement between MJC and the Publisher.
8. Representations, Warranties and Covenants.
o Publisher represents and warrants that:
? Publisher is duly organized, validly existing, and in good standing under the laws of the state or country of Publisher's origin;
? Publisher has established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to insure that full compliance with all federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
? Publisher will promptly notify MJC, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
? Publisher will perform a full investigation, within forty-eight (48) hours of receipt of a request, If either party receives an inquiry or complaint from a governmental agency (including any third party claims asserted in state or
federal courts) relating directly to the CAN-SPAM Act of 2003, the DO NOT CALL REGISTRY provisions, or any similar federal, state, or local statute or regulation; or for providing information that was procured through fraud, identity theft or any illegal or illicit means to determine the merits of the inquiry or complaint;
? Publisher will indemnify, defend, and hold harmless MJC from any and all third party claims resulting or arising from Publisher's acts or omissions;
? Publisher has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
? this Agreement has been duly authorized, executed, and delivered by Publisher and is a valid and binding obligation of Publisher enforceable in accordance with its terms;
? Publisher shall post and maintain during the term of this Agreement a privacy policy in connection with its Web site that is in compliance with applicable law; and
? the execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Publisher's governing documents; (b) any term or provision of any contract or agreement to which Publisher is a party; or (c) any order, code, regulation or law applicable to Publisher.
9. Disclaimer of Warranties and Limitation of Liability.
o THE DESTINATION SITE IS PROVIDED ON AN "AS IS" BASIS. MJC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, SECURITY, PERFORMANCE OR FUNCTIONALITY OF THE DESTINATION SITE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE DESTINATION SITE WILL BE ERROR OR VIRUS FREE OR THAT SERVICE WILL BE UNINTERRUPTED) AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. THE DESTINATION SITE IS SUBJECT TO CHANGE AT ANY TIME IN MJC' SOLE DISCRETION.
o UNDER NO CIRCUMSTANCES SHALL MJC BE LIABLE TO PUBLISHER; PUBLISHER'S VISITORS, USERS OR SUBSCRIBERS; OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH PUBLISHER FOR ANY LOSS, LIABILITIES, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE DESTINATION SITE; AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MJC SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF MJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. THE AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL ADVERTISING FEES PAID TO PUBLISHER UNDER THIS AGREEMENT.
o MJC MAKES NO WARRANTIES WITH RESPECT TO AMP, ANY OFFERINGS MADE THROUGH AMP, OR AS TO THE CONTINUATION OF OFFERINGS THROUGH AMP. ALL OFFERS AND ADVERTISEMENTS THROUGH AMP SHOULD BE CONSIDERED LIMITED TIME OFFERS.
10. Term and Termination.
o The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with seven days advanced notice, that such party desires to terminate the Agreement.
o This Agreement may be terminated immediately, without penalty, by MJC in the event that Publisher:
? operates an illegal business through its Web site and/or subscription e-mail list;
? engages in any illegal activity of any type, including but not limited to displaying illegal content on its Web site and/or in its subscription e-mails or offering any illegal goods or services through its Web site and/or subscription e-mails;
? uses its Web site or any Links therefrom to promote, any content which MJC, in its sole discretion, believes is misleading, abusive, violent, bigoted, hate-oriented, or pornographic;
? engages in indiscriminate or unsolicited advertising;
? places Links to the Destination Site in newsgroups, message boards, unsolicited e-mails or other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
? causes or enables Links to the Destination Site which are not made in good faith, including, but not limited to, by means of any device, program, robot, I-frames, hidden frames, JavaScript popup windows or redirects;
? employs the services of Gator Corporation, WhenU.com or any similar firm that utilizes spyware or similar applications in connection with any Web site on which Links to the Destination Site appear;
? establishes or causes to be established any promotion that provides any rewards, points or compensation for Qualified Sales Transactions;
? certain incentive and reward sites may be allowed into AMP with prior written approval from MJC and any applicable Marketing Affiliates.
? allows third parties to place Links to the Destination Site without MJC prior written permission;
? breaches the provisions of this Agreement; or
? dilutes, blurs or tarnishes the value of MJC Marks.
o Upon termination of this Agreement for breach, MJC will be released from all obligations and liabilities owed to Publisher.
o For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
o Termination of this Agreement will not relieve Publisher from any liability arising from any breach of this Agreement.
o Unless otherwise stated, upon termination of this Agreement:
? Qualified Sales Transactions obtained through Publisher's efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
? Publisher shall not be entitled to Advertisement Fees for Qualified Sales Transactions delivered after the date of termination;
? Publisher shall be entitled only to unpaid and undisputed Advertisement Fees, earned by Publisher prior to the date of termination;
? all rights and licensees granted to Publisher shall immediately terminate and, as such, Publisher will promptly cease all uses of any trade names, trademarks, service marks, logos and other designations of MJC or AMP; and
? Publisher shall return to MJC any confidential information, and all copies thereof, in its possession, custody and control.
11. Indemnity.
o Publisher shall defend, indemnify, and hold MJC (and its directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all claims, liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
? any breach of Publisher's representations, warranties or covenants set forth in this Agreement;
? any illegal activities of Publisher;
? any negligent act or omission of Publisher;
? any injury to persons or damages to property caused directly or indirectly by a negligent act or omission of Publisher; or
? any unauthorized use of the MJC Marks, Web site or AMP.
12. Confidential Information.
o Publisher acknowledges that, during the term of this Agreement, it may be entrusted with non-public Confidential Information relating to business,
operations or underlying technology of MJC. Publisher shall not use Confidential Information for purposes other than necessary to further the purpose of this Agreement. Publisher shall not disclose Confidential Information to third parties without the prior written consent of MJC.
o Should Publisher be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Publisher shall:
? give prior written notice of such disclosure to MJC; and
? use its best efforts to limit such disclosure to only that information which is required to be disclosed. Publisher's obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.
o Once a visitor clicks on the Link to the Destination Site, thereby requesting to establish a direct Link to the Destination Site, Publisher shall not employ any means, method or device (including, but not limited to, spyware or cookies) to monitor, track or record information regarding the visitor's usage on the Destination Site.
o Notwithstanding any other provision of this Agreement, MJC shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered on the Destination Site and through the Link to the Destination Site.
o All information or data contained in the Link between the Publisher's Web Site and the Destination Site shall be deemed confidential information belonging to MJC.
o All visitors that use the Destination Site shall be subject to additional terms and conditions posted on the Destination Site and shall be subject to the privacy policy posted on the Destination Site.
o Publisher shall use its best efforts to avoid any unauthorized disclosure or unauthorized use of the Confidential Information by any third parties (person or business)
o Publisher's Website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.
13. Additional Terms.
o Assignment. Publisher shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of MJC. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void.
o Severability. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
o Waiver. No delay or failure by MJC in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
o Equity. The rights and remedies of MJC are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Publisher acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.
o Construction. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
o Modification. MJC reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior notice to Publisher via electronic communication. If any modification is unacceptable to Publisher, Publisher's sole recourse is to terminate this Agreement. Publisher's continued participation in AMP after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change.
o Choice of Law and Venue. This Agreement has been made in the State of Pennsylvania and shall be construed and enforced in accordance with Pennsylvania law for contracts made and performed in the State of Pennsylvania. Any action to enforce this Agreement shall be brought in the Pennsylvania federal courts or state courts, the parties hereby by consenting to such exclusive jurisdiction and venue.
o Notice. Official notices should be sent to MJC via certified mail to: Mason Jars Company c/o Karen Rzepecki, 1001 State Street, STE 1220, Erie, PA 16501. Notices for termination can be sent via email at karen@masonjars.com.
o Independent Contractor. Participation in AMP does not constitute an employment, broker or agency relationship, between Publisher and MJC, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
o E-SIGNATURE. BY SUBMITTING A AMP APPLICATION AND BY CLICKING ON THE "SUBMIT" BUTTON, YOU ARE SIGNIFYING THAT YOU INTEND TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT IN INK.
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