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Yahoo! Sponsor Listings Service Agreement

 

1.0 DESCRIPTION OF SPONSOR LISTINGS SERVICE

 

1.1 Through the Yahoo! Sponsor Listings service ("Sponsor Listings Service"), owned and operated by Yahoo! Inc. ("Yahoo!"), you (as used herein "you" and "your" refers to and includes the person manifesting assent to this Agreement as well as each and every person or party on whose behalf such person acts or, as the case may be, who act on behalf of such person in connection with this Yahoo! Sponsor Listings Service Agreement (the "Agreement") including, but not limited to, employers, employees, contracting parties, independent contractors, corporations, companies, partners, joint venturers, affiliates, licensees, licensors, agents, and/or representatives, as applicable, have the opportunity topay to enhance the your listing(s) in certain categories of the Yahoo! Directory (the "Directory") and to benefit from such enhanced placement. Each submitted listing accepted by Yahoo! for such enhanced placement shall be referred to herein as a "Sponsor Listing."

 

1.2 Sponsor Listings Service is fee-based service that allows eligible websites to receive enhanced placement within a clearly demarcated "SponsorListings" area located on certain category pages within the Directory. Sponsor Listings Service is restricted to commercial businesses with websites that are currently listed in eligible "Business and Economy" subcategories in the Directory and which are presented in the English language (or which have an English version available). For additional information, including category restrictions, see the help page for Sponsor Listings Service located at http://help.yahoo.com/help/us/sponsor. Yahoo!, in its sole and absolute discretion, shall determine whether any submitted listing shall be accepted as a Sponsor Listing and all related matters to Sponsor Listings such as applicable categories and subcategories, placement and the like. For submitted listings that Yahoo! accepts as Sponsor Listings, the Sponsor Listings may be shown in a clearly demarcated area of the appropriate category page(s) in the Directory. The Sponsor Listings area will show a limited number of Sponsor Listings as detailed on the description page for Sponsor Listings (currently located at http://help.yahoo.com/help/us/sponsor). In categories that have more Sponsor Listings than can be featured simultaneously, Sponsor Listings are featured in equal rotation within the "Sponsor Listings" area. Such Sponsor Listings area will contain a hypertext link ("more Sponsor Listings . . .") that will take users to a page where all Sponsor Listings for the category may be viewed.

 

1.3 Participation in Sponsor Listings Service is pursuant to the terms and conditions of this Agreement that supplement the Yahoo! Terms of Service ("TOS") and any guidelines applicable to the Yahoo! property hosting your listing(s). The TOS and any and all applicable guidelines are hereby incorporated into this Agreement by this reference. This Agreement, TOS and applicable guidelines shall be collectively referred to herein as "the Terms." For clarity, the Sponsor Listings Service is a "Service" as defined in the TOS. Yahoo! reserves the right, in its sole discretion, to update and change the Terms from time to time without notice to you. You can always find the most recent version of this Agreement at https://ecom.yahoo.com/dir/reference/sponsor and the most recent versions of the TOS at http://docs.yahoo.com/info/terms/.

 

2.0 MINIMUM SPONSOR LISTING CRITERIA

 

2.1 All web sites submitted to the Sponsor Listings Service must meet the following minimum criteria:

 

The site must first already appear within a "Business and Economy" category of the Directory;

The site must be a commercial web site with the official business name visible to any visitor to that site;

If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;

The site must not contain any parts under construction;

All links on the site must function properly;

The site must support multiple browsers and capabilities (e.g., no Java-only sites);

The site must clearly define its purpose, products, and/or services;

The site must be up and running 24 hours per day, 7 days per week;

The site may not appear in the Directory under a different URL;

The site must not be dedicated to directing the user to another page;

The page may not give the search engine different content than what the end-user sees.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND YAHOO!, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING, OR REMOVING A LISTING, WEBPAGE AND/OR WEBSITE.

 

2.2 If your website offers services on a subscription basis, you must provide to Yahoo! a password and/or subscription ID as part of the registration form. The password/subscription ID will be used by Yahoo! in determining whether to accept the website as a Sponsor Listing and, if so, as part of its evaluation of whether the website continues to meet the necessary criteria to continue as a Sponsor Listing.

 

2.3 If you want to suggest a site for the Sponsor Listings Service that does not already exist within a "Business and Economy" subcategory of the Directory, please go to Yahoo! Directory Submit (information and application directions about which are currently located at http://docs.yahoo.com/info/suggest/submit.html) to suggest the site for consideration for inclusion in a subcategory of the "Business and Economy" category of the Directory. If you want to use the Sponsor Listings Service and already have a site in the Directory somewhere other than in "Business and Economy," but you feel that your site may be eligible for inclusion in the "Business and Economy" category, you may use the change form at http://add.yahoo.com/fast/change to request that your site be moved.

 

3.0 YOUR ACCEPTANCE OF THIS AGREEMENT, ACKNOWLEDGEMENT OF NON-REFUNDABLE FEES AND REPRESENTATIONS.

 

3.1 In order for Yahoo! to consider your site for acceptance as a Sponsor Listing in the Directory, you must submit for consideration by Yahoo! the URL for each web page or website that you wish to have listed as a Sponsor Listing. By submitting the listing for consideration for inclusion as a Sponsor Listing, you indicate that you have read, understand and agree to the terms and conditions of this Agreement. Yahoo! will respond to your submission with an online form that will indicate the category or categories in which your site may be eligible for enhanced placement as a Sponsor Listing. From that online form you will be able to indicate those categories in which you wish to have your listing included as a Sponsor Listing and provide credit card information for payment.

 

3.2 You understand and agree that as soon as you click on the "CHARGE ME NOW!" button on the registration form the provided credit card will be charged the then-current price at which Sponsor Listings for the relevant category or categories are sold (current prices may be determined at: http://sponsorlistings.yahoo.com by inputting the URL(s) in question). ALL CREDIT CARD CHARGES ARE NON-REFUNDABLE. The participation of any listing accepted as a Sponsor Listing shall be for an indefinite period and the applicable credit card shall be automatically charged each month according to the then-current price at which Sponsor Listings for the relevant category are sold. All subsequent monthly fees charged for any and all Sponsor Listings are likewise NON-REFUNDABLE. If you decide to end your participation in the Sponsor Listings Service, you must contact Yahoo!according to the procedures described in Section 5.2 below.

 

3.3 YOUR REPRESENTATIONS REGARDING YOUR SITE

 

By completing the Yahoo! Sponsor Listings Service submission process and clicking the "CHARGE ME NOW!" button, you represent and warrant that: (i) you are 18 years of age or older; (ii) that you agree to provide true and accurate information as prompted or requested by the Yahoo! Sponsor Listings Service submission form; (iii) all aspects of each website submitted for consideration as a Sponsor Listing shall comply with all applicable laws and regulations; (iv) any and all content associated with each submitted website shall not infringe any patent, copyright, trademark, right of publicity or any other proprietary right belonging to any third party; and (v) you understand and agree to be bound by the terms and conditions of this Agreement.

 

Yahoo! shall not be liable for any action or activity undertaken by you pursuant or related to this Agreement. Your obligation to defend and indemnify Yahoo! as set forth in Section 7 below shall apply with equal force to any third party claim against you in which Yahoo! is joined.

 

4.0 SELECTION, POSITIONING, AND LISTING OF SITES

 

4.1 You understand and agree that: (i) nothing in this Agreement obligates Yahoo! to accept any submitted listing as a Sponsor Listing; (ii) nothing (including, but not limited to, the payment of any Sponsor Listing Service fees) obligates Yahoo! to retain any listing which has been accepted as a Sponsor Listing; and/or (iii) nothing in the Terms obligates Yahoo! to list, link to, accept, or otherwise host or make accessible your submitted listing(s), Sponsor Listing(s), web page(s) and/or website(s) anywhere on the Yahoo! network or system. Yahoo! reserves the right, in its sole and absolute discretion, to remove any Sponsor Listing(s) and/or your site(s) from the Directory or a specific category or subcategory, at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site. Further, if, in the sole and absolute discretion of Yahoo!, a Sponsor Listing or site is determined to be in violation of any of the Terms, any and all of your Sponsor Listings, web page(s) and/or website(s) maybe removed from the Directory and no payment, or portion thereof, shall be refunded. If Yahoo! removes your Sponsor Listing from the Directory without any breach of the Terms by you, Yahoo! will reimburse you that pro-rated portion of your pre-paid monthly payment representing the fraction of the month in which your Sponsor Listing will not appear in the Directory.

 

4.2 Yahoo! also has the sole and absolute discretion to determine how and where a Sponsor Listing is listed in the Directory, as well as to move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason. Once Yahoo! lists a Sponsor Listing in the Directory, Yahoo!, in its sole discretion, reserves the right to re-list your site as a Sponsor Listing at any level within a category or its subcategories as Yahoo! deems appropriate. In exchange for your participation in this Sponsor Listings Service, you agree to adjust your future monthly fee payments according to the then-current price at which Sponsor Listings for the relevant re-listed category or categories are sold. Yahoo! will give you notice of any category or subcategory change that will affect your monthly fee payments before the next monthly fee payment is due. If, after you have pre-paid your monthly fee for a Sponsor Listing within a certain category, Yahoo! moves your Sponsor Listing to a different category or subcategory having a lower then-current monthly fee, Yahoo! will credit your next monthly payment the pro-rated difference between the applicable fees for each category. Designation as a Sponsor Listing will be reflected in the Directory, but your site will not be listed as a Sponsor Listing or otherwise specially highlighted on search results listings pages.

 

4.3 You acknowledge that Yahoo! makes no guarantees with respect to the number of times users will view your Sponsor Listing, click-through from your enhanced listing to the your website, or will achieve any other specific performance metric or success of any particular listing generally. Yahoo! will also not aid you in getting statistics on such page-views, click-throughs, or other performance metrics that relate to either the specific success of your Sponsor Listing or the overall success of the Sponsor Listings Service in general. Further, Yahoo! reserves the right, at any time, to redesign or modify the organization, structure, specifications,"look and feel," navigation, guidelines, and other elements of any section of the Yahoo! Directory, including those on which a Sponsor Listing is displayed or delivered.

 

4.4 You understand and agree that, if accepted as a Sponsor Listing, your submitted site may appear as an enhanced listing on a rotating basis equally with other Sponsor Listings. At times when your site rotates out of the Sponsor Listings area, it will still be accessible to users who click on an associated hypertext link leading to more Sponsor Listings. Yahoo!, in its sole discretion, reserves the right to change the number of Sponsor Listings listed in any Sponsor Listing area and within any category or subcategory at any time.

 

4.5 In consideration of your payment and participation in Yahoo! Sponsor Listings under the terms of this Agreement, Yahoo! will create your enhanced Sponsor Listing within five(5) business days from the date that you submit your site (as determined by your initial date of payment, excluding holiday periods observed by Yahoo! and any delays due to problems with the processing of your request). Response times are measured based on Yahoo!'s mail servers.

 

4.6 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Sponsor Listings Service, including the method and timing of such announcements, must be expressly approved in advance by Yahoo! in writing. Yahoo! reserves the right to withhold approval of any public announcement in its sole discretion.

 

5.0 FEEDBACK; TERMINATION BY YOU

 

5.1 Yahoo! will contact you by email describing whether the site has met the minimum requirements and will be added to the Sponsor Listings Service.

 

5.2 Participation in the Sponsor Listings Service may be cancelled by visiting the Listing Management Center at: https://ecom.yahoo.com/dir/manage/orders?status=a. Sponsor Listings may also be cancelled by sending an electronic message to the address listed in Section 10, Notices, below that states that you wish to terminate specified Sponsor Listing(s). Any request to terminate participation in the Sponsor Listings Service must be received by Yahoo! at least five (5) business days before the end of the month that you intend to be the last month of participation in order to avoid your credit card being billed for the subsequent month's participation. If you request that your Sponsor Listing be removed before the end of a month for which you have pre-paid your monthly fee, you agree that Yahoo! will not be required to refund any portion of such pre-paid monthly fee. If you are notified of a category or subcategory change within the last five business days of any month, you will have two business days after receiving such notice of a change to send Yahoo! a notice via electronic mail that you wish to discontinue your participation in the Sponsor Listings Service.

 

6.0 YOUR PRIVACY

 

6.1 Yahoo! maintains information about you on Yahoo! servers, including but not limited to, your registration information. You agree that Yahoo! may use such information in aggregate form for marketing or other promotional purposes. You agree that Yahoo! may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Yahoo! or others; provided, however, that nothing in this section shall impose a duty on Yahoo! to make any such disclosures.

 

6.2 Yahoo! may contact you regarding Sponsor Listings using the email address provided during the registration process (or as updated). Such email messages may contain opportunities regarding special offers and new products from Yahoo!'s advertisers.

 

7.0 INDEMNITY

 

7.1 You agree to indemnify, defend, and hold harmless Yahoo!, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, and agents, from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, costs, expenses, reasonable attorney ande xpert witness fees, and other liabilities of every nature ("Claim") made by any third party due to or arising out of your use of or listing in the Sponsor Listings Service (including without limitation any alleged violation of third party intellectual property rights), the acceptance or rejection of your submitted website(s), any alleged violation of this Agreement, the TOS and/or the Terms,. Yahoo! reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

 

8.0 DISCLAIMER OFW ARRANTIES AND LIABILITIES

 

8.1 THE SPONSOR LISTINGS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SPONSOR LISTINGS SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

 

8.2 YAHOO!, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOOD WILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SPONSOR LISTINGS SERVICE, YAHOO!'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR YAHOO!'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

 

YAHOO!'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO YAHOO! UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

9.0 FORCE MAJEURE

 

9.1 Yahoo! shall not be liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control, including but not limited to any governmental action, fire, flood, insurrection, earthquake, power failure, Internet outage, hacking activity, riot, explosion, embargo, or labor shortage/strike.

 

10.0 NOTICES

 

10.1 Any notices or communications under the Agreement shall be by electronic mail (or, in the case of correspondence to Yahoo!, in writing) and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Yahoo!, such notices shall be addressed to sponsored-billing@cc.yahoo-inc.com or 701 First Avenue, Sunnyvale, CA, 94089, USA. If to you, such notices shall be addressed to the electronic address specified in your registration form for a Sponsor Listing, or such other address as either party may give the other by notice as provided in this Section. Each party agrees to promptly update the other party as to any change of electronic address.

 

11.0 ENTIRE AGREEMENT; CONTROLLING AUTHORITY

 

11.1 This Agreement constitutes the entire agreement between the parties with respect to the Sponsor Listings Service and supersedes all previous proposals, both oral and written, representations, writings, and all other communications between the parties. In the event that the terms and conditions of this Agreement conflict with the TOS, this Agreement will be deemed to control.

 

12.0 GENERAL

 

12.1 This Agreement and the relationship between you and Yahoo! shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California. Yahoo!'s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Sponsor Listings Service, the Agreement, or to your listing in the Directory must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

12.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.



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