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Terms of Service
Please review the following Terms & Conditions below
Merchant Agreement This Merchant Agreement (the "Agreement") between you ["Merchant"] and Dotfront.com LLC. ("Dotfront"), with its principal place of business at 2700 W. Atlantic Blvd Suite 257, Pompano Beach, Fl 33067, governs the relationship between Merchant and Dotfront with respect to Merchants participation as a vendor on the Dotfront.com network Site (as defined below). Please read this Agreement carefully. By clicking on the accept box, Merchant acknowledges that it has read and agrees to be bound by the terms and conditions of this Agreement and the Terms of Use of DOTvertising network located at http://www.dotfront.com/information/TermsConditions.asp (collectively, the Terms and Conditions). Merchant agrees that any of its agents, representatives, employees, or any person or entity acting on its behalf with respect to its use of the DOTvertising network, shall be bound by, and shall abide by, the Terms and Conditions. Merchant further agrees that it is bound by the Terms and Conditions whether it is acting on its own behalf or on behalf of a third party, including another merchant. 1. DEFINITIONS. a. "DOTvertising network" means Dotfront's research and comparison shopping service . and shall include all co-branded, syndicated, and/or private label offerings, whether operated by Dotfront.com or a third party. b. "Link" means a text or graphic hyperlink that, when clicked on, takes a visitor from the Dotfront's network to the Merchant site. c. "Merchant Center" means the enrollment and bidding interface located at http://smallbusiness.dotfront.com or such other URL as may be specified by Dotfront. d. "Merchant Content" means content, including, without limitation, graphics, logos, trademarks, and service marks, provided by Merchant to Dotfront for use by Dotfront in connection with the Services. e. "Merchant Site" means Merchants owned and operated Web site f. "Proprietary Technology" means Dotfront's proprietary computer programs and software, and all services, methods, processes, data, information, wrappers and other business property created and/or owned by Dotfront from time to time. g. "Services" means the processing of Merchant Content provided by Merchant as a feed for use on the Dotfront network of sites, selected at Dotfront's sole discretion, and the provision of Links from selected pages of the Dotfront's network of sitese to the Merchant Site. h. "Territory" means worldwide. i. "User" means an individual human user of the Web. 2. LICENSE. Merchant hereby grants to Dotfront a royalty-free, non-exclusive, perpetual right and license, in the Territory, to (i) organize, reproduce, publicly display, perform and otherwise use Merchant Content on the Dotfront network of sites (alone or in combination with other Links and works); (ii) reproduce, transmit, publicly display and/or distribute Merchant Content as part of the Dotfront network of websites; (iii) develop and operate Links on the Dotfront network of websites that permit Users to access the Merchant Site; and (iv) use, reproduce, organize and publicly display Merchants trademarks, logos, slogans, trade names and service marks in connection therewith. Merchant shall provide the Merchant Content to Dotfront in accordance with Dotfronts data feed requirements, as set forth in Dotfronts data feed requirements document (available online at http://smallbusiness.dotfront.com and provided to Merchant by email), which may be revised from time to time as communicated to Merchant by Dotfront. Dotfronts right to use data and information (including Merchant Content) that is in the public domain shall not be limited by anything in this Agreement. 3. TERM. The Effective Date of this Agreement shall be the first day that Dotfront notifies Merchant that it has accepted Merchants application to become a Merchant, and shall continue until this Agreement is terminated either by Merchant or Dotfront in accordance with its terms. 4. REPRESENTATIONS AND COVENANTS. Merchant represents and covenants to Dotfront that: (1) Merchant is duly organized, validly existing and in good standing; (2) there are no consents or approvals necessary for Merchant to enter into this Agreement; (3) Merchant is duly qualified and licensed to conduct business, and Merchant has full power and authority to enter into, and perform under, this Agreement; (4) Merchant has all necessary rights and interests in and to the Merchant Content; (5) to the best of its knowledge, all Merchant Content shall be accurate; (6) neither the Merchant Content, the products and/or services offered by Merchant, nor Merchants use of any data or information relating to any User violate or will violate the privacy statement of Dotfront or any state or federal regulation, rule, statute or law; (7) the Merchant Content shall not contain matter that is libelous, obscene, objectionable or illegal; (8) Merchants performance hereunder and delivery to Dotfront of the Merchant Content will not violate any agreement; and (9) Merchant shall be responsible for offering and selling Merchants products and services featured on the Dotfront network of websites, including without limitation, order taking and fulfillment, shipping, transaction processing, invoicing, product returns or replacement, customer service, and payment of any taxes and charges. 5. LIMITATION OF LIABILITY. Dotfront's total liability arising out of this agreement shall be limited to the fees paid by Merchant to Dotfront under this Agreement. In no event shall Dotfront be liable for any special, consequential, incidental or indirect damages, including lost profits, occasioned by the breach of any obligation under this agreement for any cause whatsoever, whether foreseeable or not, on any theory of liability, and notwithstanding any failure of essential purpose of any limited remedy. The Dotfront network of websites provided "AS IS." DOTFRONT MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE DOTFRONT NETWORK OF SITES OR ITS SERVICES, AND DOTFRONT DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DOTFRONT DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE DOTFRONT SITE WILL BE UNINTERRUPTED OR ERROR-FREE. DOTFRONT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS DERIVED FROM THE DOTFRONT NETWORK OF SITES. DOTFRONT DOES NOT WARRANT OR GUARANTEE THAT ANY USERS WILL PURCHASE ANY PRODUCTS OR SERVICES FROM MERCHANT. WITHOUT LIMITING THE FOREGOING, DOTFRONT SHALL HAVE NO LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS ON ACCOUNT OF STRIKES, SHORTAGES, RIOTS, ACTS OF TERRORISM, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES, COMPUTER VIRUS, ACTS OF GOD, WAR, GOVERNMENTAL ACTION, OR ANY OTHER CAUSE THAT IS BEYOND ITS REASONABLE CONTROL. If Merchant is dissatisfied with the Dotfront network of websites or with any of the terms and conditions contained herein, Merchants sole and exclusive remedy is to terminate its account by providing notice to Dotfront. 6. PROPRIETARY RIGHTS. Merchant understands and agrees that Dotfront is the exclusive owner of the Proprietary Technology, including, without limitation, any and all intellectual property or proprietary rights therein. Dotfront does not grant to Merchant any right or license, express or implied, in the Proprietary Technology. Merchant acknowledges that Dotfront is and shall be the sole owner of all right, title and interest in and to any and all information, data, compilations and processes resulting from Dotfront's operation of the Dotfront network of websites. Dotfront does not grant Merchant any right, or any license, express or implied, in the Proprietary Technology. 7. INDEMNIFICATION. Merchant shall indemnify and hold Dotfront harmless from any and all claims, liabilities, judgments, costs, damages and expenses, including reasonable attorneys' fees, arising out of or in connection with (i) any breach or misrepresentation under this Agreement by Merchant, Merchants affiliates, or other persons, or the employees or agents of any of the foregoing; (ii) the products or services offered or sold by Merchant; and (iii) the Merchant Content. 8. PAYMENT. Merchant agrees to pay Dotfront all applicable charges to Merchants account in United States dollars, in accordance with the terms of the program and/or payment plan Merchant selected, including, if any, all applicable taxes, in accordance with billing terms in effect at the time the fee becomes payable. Dotfronts general fee structure (the Fees) can be found online at http://smallbusiness.dotfront.com. Merchant also agrees to pay for each Add On Service Merchant elects according to the prices in effect from time to time and posted on the Dotfront network of websites. If Merchant has chosen a payment plan that provides for a fixed maximum payment per month, Merchant understands and agrees that if the Fees equal or exceed Merchants monthly maximum payment, then Merchants search listings will be removed from the Dotfront network of websites for the remainder of that month. Merchant may pay Dotfront by credit card, charge card, debit card, check or wire transfer. Merchant represents that all information Merchant provides for the purpose of enrolling as a merchant will be accurate, complete and current. Merchants right to access its account with Dotfront is subject to any limits established by Dotfront. If payment cannot be charged to Merchants credit/charge/debit card, for whatever reason, or if there is a chargeback for any reason, or if Merchants financial institution does not honor Merchants check, or if Merchant exceeds its monthly maximum payment, Dotfront reserves the right to either suspend or terminate Merchants account and to charge Merchant a handling fee of $50 for each such instance. Merchant will be assessed a fee for any returned checks, declined cards, or chargeback requests on Merchants account. Suspension or termination includes but is not limited to removal of Merchants search listings from the Dotfront network of websites. Merchant shall submit any claims or disputes it may have with respect to any charge to its account in writing to Dotfront within thirty (30) days of receipt of the applicable invoice containing such charge. In the event of any failure by Merchant to make payment, Merchant will be responsible for all reasonable expenses (including attorneys' fees) incurred by Dotfront in collecting such amounts. 9. PREPAYMENT PLANS. a. Merchant will be enrolled in a prepayment plan. There are three available prepayment plans: "One-Time Charge", "Monthly Charge" and "Always On." b. If Merchant enrolls in the One-Time Charge plan, Merchants credit card will be charged for the amount that Merchant has authorized and the Merchant Content will be posted on the Dotfront network of websites. When the Fees and other charges owing to Dotfront reach the amount that Merchant has authorized, the Merchant Content will be removed from the Dotfront network of websites and will not be re-listed until Merchant replenishes its account. c. If Merchant enrolls in the Monthly Charge plan, Merchants credit card will be charged the cap amount that Merchant has designated on the enrollment form on the Merchant Center, and the Merchant Content will be posted on the Dotfront network of websites. Once Click-Through Fees and other charges for the month have reached the cap amount, Merchant Content will be removed from the Dotfront network of websites until the beginning of the next month. Dotfront will be deemed to have authorized Dotfront to automatically charge Merchants credit card for the cap amount specified on the enrollment form on the beginning of each month, except in the case where Merchant has not exhausted the amount charged for the previous month, in which case Merchant will be charged the difference between the amount remaining in Merchants account from the prior month and the cap amount. Dotfront will send e-mail notification after each transaction to notify Merchant that its account has been replenished. Unless Merchant discontinues its enrollment in this plan, Merchant understands that this authorization is valid until the termination of this Agreement with Dotfront or until Merchants credit card expires. d. If Merchant enrolls in the Always On plan, Merchants credit card will be charged in the amount specified during Merchants enrollment on the Merchant Center and the Merchant Content will be posted on the Dotfront network of websites. Once Merchants Fees and other charges have reached the specified amount, Merchant will be deemed to have authorized Dotfront to automatically charge Merchants credit card for the amount specified by Merchant through the Merchant Center. 10. ACCESS. Merchant is authorized to access the Merchant Center solely to manage its accounts and conduct searches for its own personal use. Merchant agrees that it will not use the site or any content therein for any other purpose and that Merchant will not disseminate or distribute any of this information. Merchants right to access its account with Dotfront is personal to Merchant and non-assignable and is subject to any limits established by Dotfront. Merchant agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access its account with Dotfront or to monitor or copy the Dotfront network of websites or the content contained therein except by those automated means expressly made available by Dotfront, if any, or authorized in advance and in writing by Dotfront (for example, Dotfront approved third party tools and services). The Dotfront network of websites contains or may contain robot exclusion headers and Merchant agrees not to use any device, software or routine to bypass Dotfronts robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Dotfront network of websites. Without limitation to the foregoing, Merchant further agrees not to take any action that imposes an unreasonable or disproportionately large load on Dotfront's infrastructure (as determined by Dotfront in its sole discretion). 11. MINIMUM BIDS. If Merchant is bidding on listings, Merchants bids are subject to Dotfront's then current minimum bid requirements for each respective category, as may be determined by Dotfront from time to time and posted on Dotvertising network. If Dotfront raises the minimum bid or flat fees requirements for any category, any bids that Merchant has made which were at or above the previous minimum bid amount and which as a result of the increase are below the new minimum bid amount will be automatically raised to the new minimum bid amount. 12. SITE PLACEMENT. Dotfront specifically disclaims any warranty regarding the rank, location and prominence of Merchant Content anywhere on the Dotfront network of websites. Dotfront reserves the right to determine whether and where the Merchant Content will be displayed in response to any given search, and Dotfront does not guarantee any specific placement on the Dotfront network of websites. Dotfront reserves the right to remove Merchant Content at any time for any reason. Dotfront also reserves the right, in its sole discretion, to suspend or cease the promotion of Merchants site at any time, for any reason. 13. CONFIDENTIALITY. "Confidential Information" means any information disclosed to Merchant by Dotfront or to Dotfront by Merchant, either directly or indirectly, in writing, orally, by inspection of tangible objects or by data feed or other electronic means, other than information that the receiving party can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to Merchant by Dotfront or to Dotfront by Merchant; (ii) becomes publicly known and made generally available after disclosure to Merchant by Dotfront or to Dotfront by Merchant through no act of the receiving party; (iii) was in the receiving party's possession, without confidentiality restrictions, at the time of disclosure by Dotfront or by Merchant as shown by files and records immediately prior to the time of disclosure; or (iv) consists solely of data aggregated with data which is not "Confidential Information" under this Agreement, provided that the aggregated data are presented in a manner that makes it impossible to identify the party or parties to whom the data relate. Neither Dotfront nor Merchant shall at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information it receives from the other party; (b) use any Confidential Information received from the other party for any purpose other than in connection with providing or benefiting from the Services under this Agreement; or (c) reproduce or otherwise copy any Confidential Information received from the other party, except as necessary in connection with the purpose for which such Confidential Information is disclosed to the other party or as required by applicable law. Each party agrees to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain the personal property of the disclosing party and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to the disclosing party immediately upon the disclosing party's request. 14. CANCELLATION OR TERMINATION. Either party may terminate this Agreement for any reason or no reason upon no less than twenty-four (24) hours advance written notice to the other party. If Merchant cancels its participation and later re-enters the Merchant Center using its username and password, the provisions of this Merchant Agreement shall continue to apply to Merchant, subject to changes and amendments that have been made according to the procedures explained below. Notwithstanding anything contained in this Agreement to the contrary, Dotfront may, in its sole discretion, immediately terminate Merchants account, and discontinue Merchants participation in the Dotfront network of websites. Reasons for Dotfront's determination to so terminate or discontinue Merchants account or participation as provided for above include, but are not limited to, if Dotfront believes that Merchant violated this Agreement or other policies or guidelines of Dotfront or any other party, or if Dotfront believes Merchants conduct may be harmful to other consumers, merchants or others who use or participate in (or offer to its users) the Dotfront network of websites. All decisions made by Dotfront in this matter will be final and Dotfront not shall have any liability with respect to such decisions. Sections 4, 5, 6, 7, 8 and 13 shall survive any termination of this Agreement. 15. REFUNDS. Merchant will receive a refund only for amounts not charged to Merchants account within thirty (30) days after Merchant cancels its participation pursuant to Section 14 above. Merchant will not receive a refund for any payments made by it to Dotfront except for prepaid Fees that were unutilized. 16. NOTICES. Notices (including notice of changes to or termination of this Agreement by Dotfront) may be given by email from Dotfront. It is Merchants responsibility to ensure that its e-mail address and any other contact information is updated and correct. Even if Merchant does not receive an e-mail notification, Merchant will be deemed to have received any notice posted in the appropriate section of the Dotfront Site. 17. DISPUTE RESOLUTION. Any claim, dispute, or controversy arising out of or relating to this shall be resolved by final and binding arbitration before a single arbitrator (Arbitrator) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Dade County, Florida. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorneys fees, costs, and disbursements arising ut of the arbitration. Either Merchant or Dotfront may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Dade County, Florida as necessary to protect the rights or property of Merchant or Dotfront pending the completion of any arbitration proceeding. 18. GENERAL. a. This Agreement constitutes the entire and exclusive and final statement of the agreement between Merchant and Dotfront with respect to the subject matter hereof, and governs Merchants use of the Services, superseding any prior agreements or negotiations between Merchant and Dotfront with respect to the subject matter hereof. b. Dotfronts failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid by either a court of competent jurisdiction or the Arbitrator, Merchant and Dotfront nevertheless agree that the court or the Arbitrator should endeavor to give effect to Merchants and Dotfronts intentions as reflected in this provision, and that the other provisions of the Agreement remain in full force and effect. MERCHANT AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Sections 1, 5, 6, 14 and 17 through 19 shall survive any expiration or termination of the Agreement. c. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. d. Dotfront may change this Agreement at any time upon notice published on the Dotfront network of websites or by e-mail notification to Merchant. Any use by Merchant of the Dotfront network of websites after the effective date of such change shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. e. Dotfront reserves the right to discontinue offering the Services at any time.
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