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THIS IS A FORMAL AGREEMENT BETWEEN YOU AND DISC MAKERS. BY CLICKING ON THE "SUBMIT" BUTTON AT THE BOTTOM OF THIS FORM, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. 1. This agreement contains the complete terms and conditions between Disc Makers, ("Us" or "We") and you, the applicant ("You"), regarding your application to have an active page on Disc Makers' StudioFinder Web site. 2. To apply for participation on StudioFinder.com, You must properly complete our online application. We will review the Application and will notify You of our decision whether to accept the Application or reject it. We reserve the right to accept or reject the Application at our sole discretion. An application will be automatically rejected if it is submitted from a studio that employs practices or has a Web site that: religion, nationality, disability, sexual orientation, or age. If, at a later time after the Application is accepted, your Web site is found to contain any of the above, We reserve the right, at our sole discretion, to terminate this Agreement. 3. StudioFinder.com is an online studio locator. By applying for a listing, you submit that you are a studio owner or studio employee and have the authority to submit a listing. Any application for any business that is not a studio will not be accepted. Any application for any business that is in direct competition with Disc Makers' CD replication, CD-R or DVD duplicator sales, CD-R or DVD-R sales, or any other business we are engaged in, may not be accepted. 4. All legitimate studios located in the United States will be accepted and will receive a standard listing, as long as they meet all of the requirements in this agreement. Applications from studios outside the U.S. will be considered on a case by case basis. 5. Disc Makers' Studio Partners will receive preferential placement and highlighted listings by virtue of their participation in the program. To learn more about the Studio Partner Program, click here. 6. During the term of this agreement, if your application is accepted, we grant to You a nonexclusive, revocable, non-transferable, non-sublicenseable right and license to use (a) Disc Makers' logos and (b) links to Disc Makers Web sites for the sole purpose of advertising, promoting, or marketing your relationship with us. Prior to using any of the Licensed Materials, You will submit to us for approval a draft of all proposed material that incorporates the Licensed Materials (e.g., publicity copy, artwork and layout), together with a brief statement setting forth the proposed use of such materials and any other background or supporting material reasonably requested by us to allow us to make an informed judgment. All such materials will be submitted to us at least ten (10) days prior to the date of first intended use. We will notify You of our approval or disapproval of such materials within five (5) business days of our receipt of all information required to be submitted. The approval or disapproval of such materials will be in our sole discretion. Any materials not receiving our specific written preliminary approval will be deemed disapproved. You will use the Licensed Materials only in the exact form, style and type approved by Us. We will have the right to alter, modify or discontinue the use of any of the Licensed Materials or the form, style or type thereof at any time in our sole discretion. In addition to the foregoing control measures, we may implement additional control measures to protect our intellectual property rights, and You agree to cooperate with us in our efforts to protect such intellectual property rights. You further agree to maintain a level of quality in connection with your use of the Links and the Licensed Materials that is consistent with general industry standards, and You acknowledge that we will periodically monitor your use of our Licensed Materials to confirm your maintenance of such quality levels. You acknowledge that, except for the license expressly granted in this agreement, You have not acquired and will not acquire any right, interest, or title to the Licensed Materials by reason of this agreement or through the exercise of any rights in the Licensed Materials granted to You hereunder. You further acknowledge that all proprietary rights in the Licensed Materials and the goodwill associated therewith are solely owned by and belong to us, and that all additional goodwill associated with the Licensed Materials created through their use by You will inure to our sole benefit. 7. Disc Makers and its affiliates in NO WAY guarantee increased Web traffic or revenue through participation in the Studio Partner Program or through a listing on StudioFinder.com. 8. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits or data) arising in connection with this agreement. 9. You agree that You will be solely responsible for, and that You will defend, indemnify, and hold us and our officers, directors, agents, employees, and representatives harmless from and against, any and all claims, suits, damages, losses, liabilities, obligations, penalties and expenses, including legal fees and expenses, relating to or based on the development, operation, and maintenance of your site, including all materials that appear on your site; the technical operation of your site and all related equipment; creating and posting product reviews, descriptions and references on your site and linking those descriptions to our site; the accuracy and propriety of materials posted on your site; the sale or offering for sale, use or consumption of any products on your site; and ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. 10. The "Term" of this agreement will begin upon our acceptance of your application and will end on the date this agreement is terminated by either party. Either You or We may terminate this agreement at any time, with or without cause, for any reason whatsoever, by giving the other party five days' written notice of termination. Upon the termination of this agreement for any reason, You will immediately cease use of, and remove from your site, all links and Licensed Materials and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas, or other proprietary designations or properties owned, developed, licensed or created by Us and/or provided by or on behalf of Us to You. 11. We may modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion, by posting a change notice or a new agreement on our site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE ACCEPTANCE OF THE CHANGE. 12. The provisions contained in this agreement constitute the entire agreement between the parties with respect to the subject matter of this agreement, and no statement or inducement with respect to such subject matter by any party which is not contained in this agreement shall be valid or binding between the parties. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. THIS IS A FORMAL AGREEMENT BETWEEN YOU AND DISC MAKERS. BY CLICKING ON THE "SUBMIT" BUTTON AT THE BOTTOM OF THIS FORM, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. |