| We welcome your participation in OneClickExpo.com, the next generation in Home & Garden shows. By electing to participate, you join a prestigious group of companies dedicated to this new vision of an online home & garden show, and we know that your company is ready to experience a surge in sales and an ability to market to potentially millions of new consumers via the internet. Now that you have decided this is the kind of business opportunity you want to pursue, The First step is to complete the advertising agreement below and fax it to Terri Chapman at (602) 200-8435. Second step: complete the booth information form found here. Please fill out the sheet with as much detail as possible so we can create a superb, effective and marketable booth for you at OneClickExpo.com! |
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OneClickExpo.com Terms and Conditions
1. Payments: All charges are payable in advance. OneClickExpo.com accepts MasterCard/Visa and will use the most current application of terms that apply to those cards. If cash or check is used it must be paid ninety (90) days in advance. No term credit will be extended.
2. Late Payment Charge: If payments are allowed and received after the 5th day of each due date, client will incur a 10% late charge Per Diem on the past due amount. 3. Collection: If legal action is instituted to collect past due amounts, client agrees to pay actual costs and expenses of collection in addition to court costs and reasonable attorney fees and interest at the maximum prevailing rate.
4. Returned Checks: If allowed, there will be a $25 charge on all returned checks.
5. Cancellation: If the client cancels the contract, he/she remains responsible for full payment of contract.
6. On Site Cancelation: If OneClickExpo.com cancels for any reason, all deposits will be prorated and refunded within 30 days of cancellation date.
7. Non-Guarantee: OneClickExpo.com will not be liable for lack of product sales and sponsor successes.
8. Subletting: Client cannot sublet booth space or any purchased space to any other company unless approved by OneClickExpo.com.
9. Link Exchange: Client will place a link to http://www.OneClickExpo.com on the front page of their website in the form of text or banner provided by OneClickExpo.com in exchange for having their URL placed on OneClickExpo.com. Failure to follow this procedure will result in an additional cost of $50. 10. Terms: The initial term of this contract is for one (1) year. Services will begin when the website is launched to consumers and when the necessary communication connection is completed. All applicable information on the front of this contact constitutes the amounts that will be applied on a monthly basis. This contract will be re-negotiated after year (1) one. Client will have first right of refusal but OneClickExpo.com must be notified sixty (60) days in advance of contract renewal unless client is removed because of any dishonesty on the website or any impropriety. If this should occur the client will be immediately terminated.
11. Early Termination of Contract: Client agrees that this contract is based on your agreement to use this website for good business practices. Use of this website for any other purpose than good business practices, is cause for immediate termination. This termination will occur if OneClickExpo.com receives consumer complaints that cannot be resolved, or booth space is used for any dishonest practice. In this event the contract is immediately terminated, an Early Termination Fee of $500 will be assessed at that time.
12. Information Allowed Online: All information contained in client’s booth must go through OneClickExpo.com before it is allowed to go online. All information must be submitted for approval. If there is any question of authenticity client will have the right to submit in writing why it should be allowed to proceed. Client will allow OneClickExpo.com up to one (1) week for approval. Any changes to said booth also applies to this policy.
13. Suppression List Waiver: With recent legislative changes in the email industry, OneClickExpo.com is providing some advertisers email lists compiled by the website. It is important that clients efficiently manage their compliance with the new email standards outlined within the CAN-SPAM Act of 2003. Advertiser hereby agrees to indemnify, defend and hold OneClickExpo.com and its officers, directors, employee’s, agents and successors and permitted assigns harmless from and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, cost and expense including, without limitation, reasonable attorneys’ fees and expenses asserted against, imposed upon or incurred by OneClickExpo.com, resulting from advertiser not honoring a consumer's opt-out request delivered to the clients as required by the CAN-SPAM Act 2003.
14. Non-Disclosure of Information: Client will not at any time, in any fashion, form or manner, either directly or indirectly divulge, disclose or communicate to any person, firm or corporation in any manner whatsoever any information of any kind, nature or description concerning any matters affecting or relating to the business of OneClickExpo.com. This includes without limitations the form, sources, practical use, package information, nature or description without regard to whether any or all of the foregoing matters would be deemed confidential in all material. The parties hereby stipulate that, as between those, the foregoing matters are important and could gravely affect the effectiveness and successful conduct of the business of OneClickExpo.com. And that any breach of the terms of this section is a material breach of this agreement and would result in compensation to said business.
15. Disclaimer of Warranty/Limitation of Liability: This website and related information is provided by OneClickExpo.com on an “as is” and “as available” basis. OneClickExpo.com makes no express or implied warranties, representations or endorsements of any kind as to the operation of this website or the information, content, materials or products included on this website. Client expressly agrees that use of the website is at their sole risk. To the full extent permissible by applicable law, OneClickExpo.com disclaims all warranties, express or implied, including without limitation. OneClickExpo.com does not warrant that this website, its servers or emails sent from OneClickExpo.com is free of viruses or other harmful components. OneClickExpo.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. OneClickExpo.com uses reasonable efforts to include accurate and up-to-date information on this website. OneClickExpo.com assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product or service is listed at an incorrect price or with other incorrect information, OneClickExpo.com shall have the right to refuse or cancel any client’s product/service that is listed incorrectly. Any product/service offered online incorrectly is client’s sole responsibility to correct, and client is obligated to make the corrections as soon as possible. Certain State Laws do apply to many of these regulations.
16. Applicable Law: By participating in OneClickExpo.com you agree that the laws of the state of Arizona without regard to principles of conflict of laws will govern these conditions of use and any dispute of any sort that might arise between you and OneClickExpo.com.
17. Disputes: Any dispute relating in any way to your use or access of the OneClickExpo.com website shall be submitted to binding arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate OneClickExpo.com's intellectual property rights. OneClickExpo.com may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
18. Indemnification: You agree to indemnify, defend and hold harmless OneClickExpo.com, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the OneClickExpo.com website.
19. Other Provisions: OneClickExpo.com's failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. OneClickExpo.com may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
20. Website Repairs: When using OneClickExpo.com as a bounce back to your website it is mandatory that you keep your online website in service and use it as a direct response to your business only.
21. Assignment: Client may not assign this contract without OneClickExpo.com’s written consent. OneClickExpo.com has the right to assign this contract or to subcontract any of its obligations without notifying client.
22. Delays and Technical Difficulties: It is the full intent of OneClickExpo.com to have consistent delivery of service at all times. If, in the event of a technical emergency, service of OneClickExpo.com does cease, even momentarily, OneClickExpo.com will take all reasonable steps to ensure the site gets back online within 24 hours. OneClickExpo.com strives to provide its customers and website users with the information they need to ensure that their use of our website, products and services is always at the highest caliber. Occasionally, due to fluctuations in the Internet, a device not controlled directly by OneClickExpo.com, users and/or clients may experience lag or downtime in rare occurrences.
23. Electronic Media: You agree that we may scan, image or otherwise convert this contract into an electronic format of any nature. You also agree that a copy of this contract produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Likewise, you agree that our receipt of a faxed contract signed by you legally binds you and such fax copy is legally equivalent to the original for any and all purposes, including litigation.
24. General Provisions: This agreement shall be governed by and construed in accordance with the laws of Arizona. All notices, requests and other communications required to be given under these terms and conditions must be in writing. Delivery of such written correspondence may be processed using mail or other like services, namely facsimile or electronic mail (email). For changes/revisions requested/directed by email instruction, client must include an authorized signatory representing the authorization of said client’s request.
25. Entire Agreement: This contract constitutes our entire agreement. By signing the front of this contract you agree to all its terms and agreements.
26. I, hereby grant to OneClickExpo.com to take, use and publish images, photographs, film, videotape and/or sound recordings of me, with or, without my name (the recordings, for any editorial, promotion, illustration, art, advertising, publicity, trade or any other lawful purpose, including, but not limited to television, motion pictures, radio, web, magazines, billboards, posters, product packaging and point of purchase displays).Â
I hereby give OneClickExpo.com the absolute and irrevocable right and permission, with respect to any Recordings in which I may be included with others to use summaries, direct quotes or portions of direct quotes made by me or all or any portions of statements, details, events or recounting of events in which I participated (the “Material”): (a) to copyright the Material and Recordings in Publishers own name or any other name that the Publisher might choose: (b) to use, re-use, publish and re-publish the same in whole or in part, individually or in conjunction with other material, in any medium and for any purposes whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade: and (c) to use my name in conjunction therewith if publisher so chooses.
I hereby waive any right that I may have to inspect or approve the finished product or products or the advertising copy or printed matter that maybe used in connection therewith or the use of which it may be applied.
I herby release Publisher from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form that may occur or be produced in the reproduction, use, processing, printing or publication of the recordings and the material.
This release and Authorization shall also inure to the benefit of the legal representatives, licensees, and assigns of the Publisher as well as all others who compiled and the Recordings and the material. The rights granted by the undersigned are irrevocable, binding on my heirs and legal representatives.
I warrant I am of legal age and have every right to contract in my name in the above regard. I further state that I/we have read this Release and Authorization prior to its execution, and that I/we are fully familiar with its contests.Â