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| Best of the Web Category Sponsorship is a service for
webmasters, site owners, and marketing organizations to advertise their site in the BOTW Directory. |
| Acknowledgement and Acceptance of Service Agreement |
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The Best of the Web Category Sponsorship Service
("Category Sponsorship" or the "Service"), is provided to you
under the terms and conditions of this BOTW Category Sponsorship Service
Agreement (the "Agreement"). BOTW reserves the right, in its
sole discretion, in the future, to change, modify, add or remove all
or part of the Agreement at any time.
BY COMPLETING THE SERVICE REGISTRATION FORM, YOU REPRESENT AND WARRANT
THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE,
ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE
BOUND BY THIS AGREEMENT. |
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| Description of BOTW Category Sponsorship Service and the 60 Day Free Trial Period |
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BOTW Category Sponsorship is a fee-based service provided
by Best of the Web to advertise your web site in the BOTW Directory (the "Directory"). Each category sponsorship enables the participant
to advertise one (1) text link in a category and alongside BOTW search results. Your first Category Sponsorship is FREE for 60 days and then
bills monthly thereafter. All other category sponsorships are billed at the time of submission.
THE 60 DAY FREE TRIAL OFFER IS AVAILABLE TO ALL CUSTOMERS WITH A MAJOR CREDIT CARD. FREE TRIAL
PROMOTION IS A ONE-TIME OFFER PER CUSTOMER, LIMITED TO ONE (1) FREE TRIAL CATEGORY SPONSORSHIP.
TO AVOID BEING CHARGED THE MONTHLY FEE, SIMPLY CANCEL YOUR SPONSORSHIP BEFORE FREE TRIAL PERIOD ENDS.
A major billing method is required to set-up the free trial sponsorship; however the billing method used will
not incur any charges during the free trial period. All sponsorships must conform to BOTW minimum site criteria
guidelines (defined below), and must be relevant topically to the category being sponsored. All sponsorships are subject to final
approval by the BOTW editorial team, which in their sole discretion may reject a sponsorship request for any reason.
Each category within the BOTW Directory has a maximum of THREE sponsorship slots. The current fees
for BOTW Category Sponsorship vary upon slot and directory:
BOTW Directory (BOTW.ORG):
- Slot 1: $59.95 per month
- Slot 2: $49.95 per month
- Slot 3: $39.95 per month
BOTW Adult Directory (BOTW.ORG/ADULT):
- Slot 1: $59.95 per month
- Slot 2: $49.95 per month
- Slot 3: $39.95 per month
BOTW Blog Directory (BLOGS.BOTW.ORG):
- Slot 1: $24.95 per month
- Slot 2: $19.95 per month
ALL FEES ARE NON-REFUNDABLE |
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| Minimum Site Criteria |
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| All web sites submitted to become a BOTW Category Sponsorship must meet the following
minimum criteria: |
- The site must be up and running 24/7;
- The site must not contain any parts under construction;
- The site must clearly define its purpose, products, and/or services;
- All links on the site must work;
- The site must be in the English language (or have an English version
available);
- The site must support multiple browsers and capabilities;
- The site must not contain any content, products, services or other
information that may be illegal to sell under any applicable law,
that may infringe or violate anyone's rights, or that, BOTW believes,
in its sole discretion, is offensive.
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| Please note that the above listed are the minimum site criteria
only, and BOTW editors use additional factors in deciding whether of
not to accept your sponsorship request. |
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| Selection and Listing of Sites |
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| BOTW reserves the right to decide whether, where, and how a site is
listed. If BOTW accepts your site, BOTW reserves the right to list your site in any category or subcategory as BOTW deems appropriate, in its
sole discretion. BOTW reserves the right not to include any specific keywords in the title or description of your site. BOTW also reserves the right, in its sole discretion,
to remove your site from the Directory, move the sponsorship listing to a different category or subcategory, and change or remove any keywords at any time,
for any reason. |
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| Participation |
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| If you wish to discontinue participation in the BOTW Category Sponsorship
program, you must send a notice to BOTW as set forth in the Section,
"Notices," below. Please state that you wish to withdraw your
site from BOTW Category Sponsorship. To avoid your credit card being billed
for the Recurring Monthly Fee, requests for withdrawal must be received
by BOTW at least one (1) business day before the end of the month that
you intend to be your last month of participation. The "end of the
month" is defined as 31 days from the date that your web site was
added to the Directory as noted on the confirmation emailed to you at
that time. Once BOTW receives such notification from you, your participation
in the BOTW Category Sponsorship program will cease and your sponsorship listing will
be removed at the end of the month. If you request that your sponsorship listing
be removed before the end of a month for which you have pre-paid the
Recurring Monthly Fee, you agree that BOTW will not be required to refund
any portion of such fee. |
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| Applicant Privacy |
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| BOTW maintains information about Applicant on BOTW servers, including
but not limited to Applicant's registration information. Applicant agrees
that BOTW may use such information in aggregate form for marketing or
other promotional purposes. Applicant agrees that BOTW 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 BOTW or
others; provided, however, that nothing in this section shall impose
a duty on BOTW to make any such disclosures.
BOTW may contact Applicant regarding BOTW Category Sponsorship using the
Applicant's email address provided during the registration process (or
as updated by Applicant). Such email messages may contain opportunities
regarding special offers and new products from BOTW advertisers. |
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| Indemnity |
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THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER
IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
BOTW, AND ITS PARENTS, SUBSIDIARIES, EMPLOYEES AND AGENTS, SHALL NOT
BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OF BUSINESS, PROFITS
OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER,
EVEN IF BOTW IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY
WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BOTW'S
ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR BOTW'S CONTINUED LISTING
OF A SITE IN THE DIRECTORY.
BOTW'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED
THE AMOUNT ACTUALLY PAID BY APPLICANT TO BOTW UNDER THIS AGREEMENT. |
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| Force Majeure |
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| BOTW is not liable for any delay or failure in performance under the
Agreement resulting directly or indirectly from acts of God, terrorism,
or other causes beyond its reasonable control. |
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| Notices |
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| Any notices or communications under the Agreement shall be by electronic
mail or 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 BOTW, such notices shall be addressed to directorysubmit@botw.org
or to BOTW Sponsorship Advertising at 626 Reckson Plaza, Uniondale,
NY, 11556. If to Applicant, such notices shall be addressed to the electronic
or mailing address specified in Applicant's Service registration form,
or such other address as either party may give the other by notice as
provided in this Section. It is the Applicant's responsibility to provide
an accurate address and to ensure that BOTW is notified of any changes
to Applicant's address as specified in this Section. |
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| Entire Agreement |
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| This Agreement constitutes the entire agreement between the parties
with respect to the Service and supersedes all previous proposals, both
oral and written, representations, writings and all other communications
between the parties with respect to such subject matter. |
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