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Agreement

(To view a printable version of the agreement below please click here.)

Please read this contract carefully before submitting this application!

-----------Beginning of Agreement------------- ---Simple Uncompensated Link Exchange Program Agreement--- This Agreement contains terms and conditions which apply to any person’s participation in our Simple Uncompensated Link Exchange Program Agreement (the "Simple Link Exchange Program"). As used in this agreement, "we" means SnapMark, Inc. d/b/a www.poolmarkers.com and "you" means the applicant as identified by you in your on-line application, and "product" means any product or service offered for sale by us from the www.poolmarkers.com web site or by you from your website (your website being designated by you in the on-line application). Agreement: You own your logos and we (or our licensors) own ours. The PoolMarker brand name and logos have been trademarked and copyrighted in the US and other nations. Your use of our logos and brands acknowledges our ownership of same. Our use of your logos and brands acknowledges your ownership of same. We each reserve all rights in our respective logos and brands All use of or goodwill associated with the respective logos and brands will convey to the respective owner of same. Our use of each other’s logos and bands does not indicate or create any endorsement, approval, sponsorship or affiliation of each other or of our websites. We each warrant and indemnify each other that the use of our logos and brands will not be and infringement of some one else’s intellectual property rights. We each grant each other a license to use each other’s logos and brands for this links, provided: We each grant each other a license to use each other’s logos and brands for this links, provided: a. The logos will be used solely for the purpose of linking to each other’s web sites. b. The links will always be an active link c. The logos will always stand alone and will not be combined with any other graphical elements. d. The logos may be proportionately scaled as needed, but will not otherwise be altered. e. The logos will be displayed in a positive manner and will not be used in any way that adversely affects or disparages each other, the logo owners, or our products. f. The License will expire and must be renewed every two years, unless earlier terminated. Spamming The Simple Link Exchange Program is not intended for use in sending unsolicited e-mails (known as "spams") to unknown people. Any spams by either party may result (in the other party’s sole discretion) in the withholding of referral commissions and/or the termination of this agreement Term of the Agreement and Termination The term of this agreement will begin upon our acceptance of your Simple Link Exchange Program application and will end when terminated by either of us. Each of us reserves the right to revoke without liability the logo and brand license for any reason, with out without cause, in which case we each agree to remove the link and stop use of the logo within two (2) business days of notice of revocation. Each of us reserves the right to terminate without liability or respective link exchange programs in their entirety. We warrant to one another that all identifying signs, logos, literature or other evidence linking or websites will be removed from the sites upon termination of this agreement. Modification SnapMark may modify any of the terms and conditions contained in this agreement at any time and in our sole discretion, by posting a change notice or a new agreement on our website. If any modification is unacceptable to you, your only recourse is to terminate this agreement. It is your responsible to check to site periodically for any changes, and we are not required to give you specific notice. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. Relationship of Parties You and SnapMark, Inc. are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between us. Neither of us has the authority to make or accept any offers or representations on behalf of the other. Neither of us will make any statement, whether on our sites or otherwise, that reasonably would contradict anything in this paragraph. Independent Investigation You acknowledge that you have read this agreement and agree to all its terms and conditions. We both understand that we each may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the Simple Link Exchange Program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. ArbitrationApart from any dispute over the ownership of intellectual property or title to other proprietary rights, all controversies or claims arising out of or in connection with this agreement and not settled first between the parties in a face-to-face meeting between representatives with authority to resolve the dispute, shall be settled through binding arbitration, to be conducted under the rules of the American Arbitration Association, in Florida or at another location designated by SnapMark, Inc. The decision of the arbitrator, including any remuneration, damages, legal costs and other commissions, shall be final and shall be capable of entry as a legal judgment by any court having jurisdiction over the parties or their successors or assigns. The costs of arbitration shall be equally borne by the parties. The parties agree that any disputes over the ownership of intellectual property or title to other proprietary rights shall be submitted for resolution to a US or state court in an venue designated by SnapMark, Inc and properly having jurisdiction to hear the matter. The terms of the www.poolmarkers.com Website Legal Statement are incorporated herein. Miscellaneous Neither of us may not assign this agreement, by operation of law or otherwise, without the other’s prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. The failure of either of us enforce the other’s strict performance of any provision of this agreement will not constitute a waiver of the right to subsequently enforce such provision or any other provision of this agreement Governing StatutesThis agreement shall be governed by the laws of the State of Florida of the United States of America and any dispute shall be adjudicated in the courts of appropriate jurisdiction in the State of Florida in the country of United States of America. -----------End of Agreement-----------

Visitor Type:	Mostly businesses Mostly consumers Balance of businesses & consumers Unsure
Visitor Gender:	Mostly male Mostly female Balance of male & female Unsure
Visitor Average Age:	18 and under 19 - 25 26 - 35 36 - 50 51 - 65 65 + Unsure
Visitor Category:	Mostly homeowners Mostly Institutional Balance of homeowners & institutional Unsure
Visitor Average Income:	$0 - $25,000 $25,001 - $50,000 $50,001 - $75,000 $75,001 - $100,000 Over $100,000 Unsure
Visitor Average Education Level:	Some high school High school graduate Some college College graduate Graduate degree Unsure