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THIS VENDOR AGREEMENT DESCRIBES THE TERMS ON WHICH EVENTNOW OFFERS VENDOR ACCESS TO EVENTNOW.COM. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT SETTING FORTH THE VENDOR'S USE OF EVENTNOW.COM. BY SUBMITTING ITS BUSINESS INFORMATION AND REGISTERING WITH EVENTNOW.COM, VENDOR ACKNOWLEDGES VENDOR HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND LEGALLY BY THE TERMS OF THIS VENDOR AGREEMENT.
The services available at www.EventNow.com (the "Site" or "EventNow" or "EventNow.com") are owned and operated by EventNow Inc., a Delaware corporation, and are provided to Vendor, the end user individual or business (collectively referred to as "Vendor"), under the following terms and conditions (the "Agreement"). If Vendor does not agree to be bound by any of the terms and conditions of the Agreement; please discontinue use or access of EventNow. Please note EventNow may amend the Agreement at any time, without notification, by posting the amended terms and conditions on EventNow.com. Accordingly, EventNow encourages Vendor to review the Agreement from time to time to ensure Vendor understands and remains in compliance with the current terms and conditions in effect. Please note Vendor's continued use of EventNow following any changes will be deemed conclusive acceptance of any changes to the Agreement.
- PROGRAMS; OTHER TERMS & CONDITIONS. Additional terms and conditions may apply to Vendor registration with any of EventNow's business directory or lead generation programs and/or to specific portions or features of the Site, all of which are made a part of the Agreement by this reference. Vendor agrees to abide by such other terms and conditions, including (where applicable) representing that Vendor is of sufficient legal age and/or have the right and ability to use or participate in such program. EventNow's obligations, if any, with respect to its programs and/or services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site shall be construed to alter such agreements.
- SERVICES. EventNow displays Vendor business listing information and matches requests (leads) from potential customers ("Buyers") with Vendors listed in the EventNow Vendor directory and which may be able to meet the needs of the Buyer. EventNow is not involved in the actual transaction between end Buyer and Vendor. Consequently, EventNow cannot ensure a transaction between any Buyer and Vendor will occur between the two parties. Further, if a transaction does occur, EventNow has no control over the quality, safety or legality of the item or services sold or rendered. EventNow.com is a merely a venue for Vendor to receive requests from interested Buyers. Vendor understands EventNow does not guarantee sales or results. Vendor may receive any number of requests, clicks, or calls, a day, or may receive zero requests, clicks, and calls for products or services on any given day and possibly throughout Vendor participation in EventNow, and EventNow functions only as an intermediary that provides Buyer and Vendor with access to others within an environment that makes it easier for Buyers to engage Vendor and vice versa. Vendor agrees to assume all responsibility and liability for Vendor use of EventNow, any transactions or communications Vendor initiates either with a Buyer or a Seller, or any claims that may result there from. Moreover, Vendor acknowledges and agrees EventNow features materials, products, and services provided by third parties and persons. EventNow makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products and services may access. EventNow expressly disclaims responsibility and liability for all third party provided materials, products, and services accessed through EventNow.com.
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REGISTRATION OBLIGATIONS. Vendor agrees to provide true, accurate, current and complete information about Vendor and its business as prompted by the EventNow registration process. If Vendor does not, EventNow has the right to deny, suspend or terminate Vendor service from EventNow. The email address used to register with EventNow must be distinct and refer to Vendor.
Vendor will receive an email, usually within three (3) business days, notifying Vendor whether or not Vendor registration has been approved. EventNow may deny Vendor use of EventNow at its sole discretion. Specifically, the following Vendor is ineligible to participate in EventNow:- Vendor who posts surveys, contests, or pyramid schemes including multi-level marketing programs;
- Aggregator of Vendor, such as directory service, call center, referral network, association, franchiser, portal, search engine or something other than a destination site will be considered an Aggregator; Aggregator is also the Vendor which directs customers from their own business website to another business website to make a transaction or purchase;
- Vendor who uses EventNow to recruit additional members or representatives for their business. EventNow reserve the right to deactivate Vendor's account if it appears Vendor violates these terms or the terms of use of the service as posted on EventNow.com or for any reason at EventNow's discretion.
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BUSINESS ACCOUNT. Upon approval, Vendor will receive a business account with a username and password ("Vendor Account"). EventNow.com reserves the right to approve or disapprove category selections to ensure the leads provided to Vendor are appropriate for Vendor's business. Vendor is responsible for all activities that occur under Vendor's Account. Vendor may not allow anyone else to use Vendor Account. Additionally, Vendor may not use anyone else's Vendor Account while using EvenNow.com. Vendor agrees to notify EventNow immediately of any unauthorized use of Vendor Account, email, or any other breach of security. EventNow will not be liable for any loss or damage arising from Vendor's failure to comply. EventNow will exercise reasonable diligence to deliver leads to Vendor through its lead referral program. The EventNow lead referral program entails:
- Vendor agrees to have their Vendor Account automatically debited for leads, clicks and calls delivered to Vendor based on their service area, category(ies), budget and lead preferences (filters) criteria established and maintained by Vendor.
- Vendor agrees to replenish its advertising budget based on specific parameters (date & account) established in the Vendor Account.
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FEES.
Job Size ($) Lead Price Premium Placement Mini $1-$200 $3 $4 Small $201-$500 $7.50 $8.50 Medium $501-$1000 $15 $16 Large $1001-$2500 $30 $31 Extra Large $2501-$5000 $50 $51 Max $5001+ $60 $61 -
BUSINESS CONDUCT. Vendor agrees not to use third party automatic response mechanisms containing a standard message and/or a link to another website. Vendor also agree to abide by, and conform Vendor use of information Vendor obtains from or about Buyers through the Service to, the then current terms of EventNow's Privacy Policy. Further, Vendor agrees to not use EventNow to:
- violate of local, state, national, or international laws;
- infringe on the intellectual property rights of others or on the privacy or publicity rights of others;
- transmit, post, or reply to a posting on EventNow.com, or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by EventNow in its sole discretion;
- transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- impersonate any person or entity or falsely state or otherwise misrepresent Vendor affiliation with a person or entity;
- post improper responses;
- cross-sell other products or services on EventNow and to issue requests for information that do not directly relate to the Buyer's request;
- stalk or otherwise harass another;
- distribute viruses, corrupted files, Trojan horses, or any other similar software or programs that may damage or interfere with the operation of another's computer or telecommunications equipment or utilize the resources of another's computer or telecommunications equipment without such parties express permission;
- collect or store personal data about others;
- engage in any other conduct that inhibits any other person from using or enjoying EventNow and which negatively affects the user experience;
- offer a Buyer a bribe in any form in exchange for a more favorable review;
- post and/or cut and paste and/or copy the content of a Buyer feedback review from EventNow.com to Vendor own personal or business site, to any other third party Web site and/or to or on any of your own personal, business or third-party marketing/advertising materials, regardless of the form;
- attempt to gain feedback by receiving multiple feedback from the same Buyer;
- post or attempt to post, in any manner or by any means, a feedback review on Vendor Account
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TERMINATION. Vendor may terminate this Agreement at any time via email notice to support@EventNow.com with the words "Terminate Account" in the subject line of the email. Vendors' Account is not terminated until Vendor receives written confirmation from an authorized representative of EventNow. Please review the following detailed information about terminating Vendor Account:
EventNow may also terminate or suspend any and all use of EventNow by Vendor immediately, without prior notice or liability, if Vendor breaches any of the terms or conditions of the Agreement or the terms of use of the service as posted on EventNow.com or for any reason at EventNow's sole discretion. Upon termination of Vendor Account by EventNow, Vendor right to use EventNow and/or access any information about Buyer via EventNow will immediately cease. All provisions of the Agreement, which by their nature should survive termination, shall survive termination. Upon termination by Vendor or termination of Vendor's Account by EventNow, EventNow will NOT refund to Vendor any credits/money remaining in Vendor's Account. - RELEASE. EventNow is not involved in the actual transaction between Buyer and Vendor, or in the verification of information provided by Buyer on EventNow.com about Vendor, in a review or otherwise. In the event Vendor has a dispute or claim, for any reason or for any cause, Vendor releases EventNow, and its officers, directors, agents, and employees form claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If Vendor is a California resident, Vendor waives California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- USE OF VENDOR NAME. Vendor acknowledges and agrees by participating in EventNow.com, EventNow shall have a royalty-free, non-exclusive right and license, without any compensation to Vendor, to use, copy, and display the name of Vendor in EventNow's promotions, press releases, public relations, advertisements, and/or other sales and marketing activities and otherwise utilize such business name on EventNow.com and in connection with delivery of the services provided on EventNow.com.
- EVENTNOW PROPRIETARY RIGHTS. EventNow provides Vendor with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable right and license to use EventNow.com conditioned on Vendor continued compliance with the terms and conditions of the Agreement. Vendor acknowledges and agrees EventNow.com and any necessary content and software used in connection with EventNow.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Vendor further acknowledges and agrees content on and software utilized in connection with EventNow.com or presented to Vendor through EventNow is protected by copyrights, trademarks, patents and other proprietary rights and laws. Vendor acknowledges and agrees that other product and business names displayed on EventNow.com may be the trademarks and/or service marks of their respective owners. Except as expressly authorized by EventNow, Vendor agrees not to modify, sell, distribute, broadcast, transmit, reproduce, publish, decompile, reverse engineer, copy, license, sell, mirror, frame, rent, grant a security interest in, or create derivative works based on EventNow.com, its software, in whole or part.
- ENFORCING SECURITY ON EVENTNOW.COM. Actual or attempted unauthorized use of EventNow.com may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. EventNow reserves the right to view, monitor, and record activity on EventNow without notice or permission from Vendor. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on EventNow.com. EventNow will also comply with all court orders involving requests for such information. In addition to the foregoing, EventNow reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to EventNow.com, or any portion of the Site, for any reason.
- UPGRADES, SUPPORT AND NOTICES. From time to time, EventNow may, and retains the right to, send Vendor information and offers about upgrades, documentation and other services offered by EventNow and its Partners. Notwithstanding the foregoing, under no circumstances will EventNow or any of its Partners have any obligation to provide Vendor with upgrades, enhancements, modifications, or support for the Services or Sites.
- REPRESENTATIONS AND WARRANTIES. Vendor represents and warrants to EventNow: (i) Vendor is authorized to enter into this Agreement, either on behalf of Vendor or on behalf of the business Vendor represents, and fulfill and perform the obligations of the Vendor specified herein; and (ii) Vendor has all required permits, licenses, and other governmental authorizations and approvals to use EventNow.com.
- INDEMNITY. Vendor agree to indemnify and hold EventNow, its parents, subsidiaries, affiliates, officers, employees and service providers and partners (collectively referred to as "Partners"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following: Vendor use of EventNow.com, use of Vendor Account by any third party, purchase or use of Vendor products or services, Vendor use of information about Buyers obtained via EventNow, the violation of this Agreement by Vendor, or the infringement, misappropriation, or violation by Vendor, or any third party using Vendor's Account, of any intellectual property or other right of any person or entity.
- WARRANTY DISCLAIMER. Vendor uses EventNow.com at Vendor's own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER EVENTNOW NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL EVENTNOW OR ITS PARTNERS BE LIABLE FOR LOST PROFITS, ANY FAILURE TO STORE ANY MESSAGE, OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH EVENTNOW, THE USE OR THE INABILITY TO USE EVENTNOW OR THE AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
- EVENTS BEYOND THE CONTROL OF EVENTNOW. Vendor expressly absolves and releases EventNow and Partners from any claims of harm resulting from a cause beyond EventNow control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, blocking of email delivery, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
- GENERAL. The Agreement constitutes the entire agreements between Vendor and EventNow. The rights and obligations of the parties under the Agreement shall be governed in all respects by the laws of the State of New York without regard to its conflict of law provisions. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sub-licensable by Vendor without EventNow prior written consent. EventNow may assign the Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of the Agreement and Vendor does not have any authority of any kind to bind EventNow in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under the Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
- SUBMISSION. EventNow welcomes Vendor feedback and suggestions about how to improve EventNow.com. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to EventNow, Vendor represents and warrants that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and Vendor has all rights necessary to convey such feedback to EventNow. In addition, any feedback received will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for EventNow to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and Vendor hereby waives any claim to the contrary. Feedback can be sent electronically to support@EventNow.com.
