Sales Agreement
This Agreement (this “Agreement”) made between the Best Damn Company, LLC ( “Company”) and any person (collectively “you,” “your” or “I”) who completes the form below to become an advertiser (the “Purchaser”) on websites and CDs owned by the Company.
1. Sale of Services
The Company will sell, and create for the Purchaser on or before the 1st day of January, 2007 the following:
One “web page” ad on the “Best Damn Advertising” CD under the category of “Best Damn” selected by the Purchaser, for the Town Site selected by the Purchaser. This selection shall be an exclusive listing for this category for this Town Site, and is assigned on a first come, first serve basis. The “Town Site” will be defined by the town or city limits of that town or city. The web page will include eleven (11) fields for text and six (6) photographs supplied by the Purchaser. A button, for a link to the Purchaser’s existing web site if applicable, and four buttons that link to specific parts of the “web page” ad will be created by the Company on the “web page” ad. A button will be created by the Company to link the CD to the BestDamnWeb.com site. Twenty five (25) of these CDs will be produced for each advertiser on the CD. You will receive 24 of these CDs to distribute to your customers. The Company will retain 1 CDs to distribute as the Company determines to be most effective way to use them. The CDs above will be produced and delivered on, or before, December 31, 2006.
One web page within the “Best Damn Web Site” under the category of “Best Damn” selected by the Purchaser, for the Town Site selected by the Purchaser. This selection shall be an exclusive listing for this category for this Town Site, and is assigned on a first come, first serve basis. The “Town Site” will be defined by the town or city limits of that town or city. The web page will include eleven (11) fields for text and six (6) photographs supplied by the Purchaser. A button, for a link to the Purchaser’s existing web site if applicable, and four buttons that link to specific parts of the web page will be created by the Company on the web page. The web page will be linked from the above Town Site selected by the Purchaser. This web page will be published and displayed on to the World Wide Web on or before January 1, 2007 through June 31, 2007. There will be no charge for any extra time that the web page is displayed. The sooner the Company receives your payment the quicker your page will be available for your business. Please allow two weeks for the web page to be built and published to the World Wide Web.
2. Payment
The Purchaser agrees to pay the Best Damn Company LLC the sum of $99.99 for the above CDs and web page, due upon acceptance of this Sales Agreement. Payment will constitute acceptance of this agreement.
3. Payment can be made by the following methods.
a. Online
You may use a Master Card, Visa or Pay-Pal account to purchase your Town Site on line.
Please use one of the buttons below. You do not have to join Pay-Pal to pay by Visa or Master Card.
After the payment has been made, a form will be supplied to obtain all the necessary information to build the web page and CD “web page” ad. A representative will contact you for ad page content and photos.
b. Other Payment Options
Pay By Check or Money Order:
May be given to your Town’s Best Damn Sales Representative or may be mailed to:
Best Damn Co. LLC
PO Box 2433
Estes Park, CO 80517
Credit Cards: Visa, Master Card, Discover
By phone: 1-303-517-1068
By fax: 1-970-577-1838
By E-Mail: Use two or three E-Mails and divide the credit card number in half and send in two separate E-Mails. Send the expiration date and your phone number in a separate E-Mail.
Cash
Cash may be collected by your Town’s Best Damn Sales Representative. Please E-Mail DonNorris@BestDamnWeb.com to inform the Company that cash was paid to the Town’s Best Damn Sales Representative.
4. Indemnity.
Purchaser represents and warrants to the Company, that Purchaser holds all necessary rights to permit the use of the advertisement by the Company for the purpose of this Agreement; and that the use, reproduction, distribution, transmission or display of advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not (a) violate any criminal laws or any rights of any third parties or (b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Purchaser agrees to indemnify, defend and hold the Company harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) breach of any of the foregoing representations and warranties, or (ii) any third-party claim arising from use of or access to the advertisement under this Agreement or any material to which users can link, or any products or services made available to users, through the advertisement under this Agreement
5. Limitation of the Company’s Liability.
In the event that the Company fails to publish a web site in accordance with the terms provided herein, the sole liability of the Company and exclusive remedy of Purchaser will be limited to the creation of a web site specified herein at a later time in a comparable position. In no event will the Company be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). In no event will the Company be liable under this agreement for any consequential, special, lost profits, lost sales, indirect or other damages whether based on contract, tort or otherwise. The Company’s aggregate liability under this agreement for any claims is limited to the amount received by the Company from Purchaser for the Sales Agreement
6. General Provisions.
a) This Agreement will be governed by and construed under, and the legal relations between the parties will be determined in accordance with, the laws of the State of Colorado, without giving effect to such state’s conflict of law principles.
b) The parties have read this Agreement and agree to be bound by its terms, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written and all other communications between them relating to the license and to the subject hereof. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.
