Updated February 2013
Constant Contact, Inc. ("Constant Contact") provides its partners (a “Partner”) the ability to access a reporting console (the “Console”) that may allow a Partner’s authorized representative to, among other things, (i) access and review the online the summary and detail reports concerning such Partner’s Constant Contact® account activity and any revenue share payments/discounts attributable to the efforts of such Partner (on which Constant Contact bases its revenue share payments/discounts to such Partner, if any), (ii) create and manage new Constant Contact accounts for its customers or other users, (iii) access content and information and training materials, and (iv) distribute sales information/leads, if applicable. The following are the terms and conditions for use of the Console. By accessing the Console, you acknowledge and accept the following:
1. Applicable Terms. The Console is provided subject to the terms of the applicable partner program agreement by and between you and Constant Contact, supplemented by the terms of this agreement, as it may be amended by Constant Contact, and any guidelines, rules or operating policies that Constant Contact may establish and post from time to time. By posting updated versions of this agreement on the Console, Constant Contact may modify these terms and may discontinue or revise any or all other aspects of the Console in its sole discretion. All such changes shall become effective upon posting of such revised terms on the Console.
2. NO WARRANTY. USE OF THE CONSOLE AND ANY RELIANCE BY YOU UPON THE CONSOLE, INCLUDING ANY BUSINESS DECISION MADE OR OTHER ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CONSTANT CONTACT DOES NOT WARRANT THAT THE CONSOLE OR ANY CONTENT THEREIN WILL BE CURRENT, ERROR FREE OR COMPLETE. IN THE EVENT OF A CONFLICT BETWEEN THE ACCURACY OF THE DATA ACCESSED THROUGH THE CONSOLE AND THE DATA ON WHICH CONSTANT CONTACT BASES ITS DISCOUNT/REVENUE SHARE PAYMENT TO PARTNER (IF DIFFERENT), THE DATA USED BY CONSTANT CONTACT SHALL CONTROL. THE CONSOLE AND TE CONTENT THEREIN ARE PROVIDED "AS IS" AND CONSTANT CONTACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Indemnity. You hereby agree to indemnify and hold harmless Constant Contact against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of any of the representations, warranties or covenants set forth herein or otherwise arising from or relating to your use of the Console or creation or management of a Constant Contact account using the Console.
6. Intellectual Property. Constant Contact is the owner or licensee of all rights in the Console and its Content. "Content" means, without limitation, articles, case studies, text, HTML code, templates, brochures, training materials, presentations, graphics, banner ads, trademarks and logos. The Content displayed and downloadable through the Console is the property of Constant Contact and its licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property law. The information and content displayed on and/or made available through the Console shall be used solely in accordance with the terms hereof. Use for any other purpose is expressly prohibited. Except as permitted under a separate written agreement with Constant Contact, neither the Constant Contact software, nor any content that appears on any Constant Contact site, including but not limited to, web pages, newsletters, templates or training materials may be reproduced, republished
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CONSTANT CONTACT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CONSTANT CONTACT") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, CONSTANT CONTACT IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CONSTANT CONTACT TO YOU WILL BE LIMITED TO THE AMOUNT OF ONE DOLLAR ($1.00).
For any questions or problems regarding the Console or inquiries regarding reproduction or distribution of any Constant Contact material, please contact email@example.com.
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