Boatsville Network Web Services (as defined below) are provided to you by Paradigm Development Group LLC and/or its affiliates including boatsvillenetwork.com subject to the following terms and conditions:
Terms and Conditions
You must be at least 18 years of age.
You must have the authority to bind yourself or your company to this agreement.
Your site must appeal to boaters, locally, regionally or nationally within the U.S. Or Canada.
Your site must adhere to the terms and conditions outlined in this agreement.
You must actively manage and promote your site and the Boatsville Network
You must meet the hosting requirements (as defined below)
Boatsville Network Web Services:
The term "Boatsville Network Web Services" includes any data, images, text, and content, APIs, tools or other information or materials provided by Boatsville Network.
You may not use, copy, or display in any way, the Boatsville Network Web Services on any other web site, publication, or any other form of media online or offline, other than the individual web site that is represented within the Boatsville Network Partner Contract. You may however, complete a separate contract for any additional web sites that you would like to use the Boatsville Network Web Services. Keep in mind that each web site must comply with the terms and conditions and meet all the requirements.
You may not sell, resell, redistribute, sub-license, trade, give, or transfer all or any portion of the Boatsville Network Web Services.
You may not interfere or attempt to interfere in any manner with the functionality of Boatsville Network Web Services.
The Boatsville Network Web service must be the only source of classified ads for New and/or Used boats displayed on the web site defined in the Boatsville Network Partner Contract.
You acknowledge and agree that we may monitor your usage of the web services for the purpose of collecting statistical data that will be used to provide you with traffic reporting and payment information and to improve the Boatsville Network web services.
You acknowledge and agree that we may monitor your usage of the web services for the purpose of verifying your compliance with this Agreement, and that you will not seek to block or otherwise interfere with such monitoring and you acknowledge that we may use technical means to overcome any methods used on your part to block or interfere with monitoring.
You must display the full content supplied from the web service as is. You may not omit any portion of the content. You may not change or alter any content supplied from the web service unless you first receive permission to do so from the Boatsville Network CTO (Chief Technical Officer) in writing.
You may not archive any content or data provided by Boatsville Network Web Services in any database, or network of servers, or other repository or store any content in any other form, other than for short-term caching purposes, unless you first receive permission to do so from the Boatsville Network CTO (Chief Technical Officer) in writing.
All Boatsville Network Web Services content is owned exclusively by Paradigm Development Group LLC. All rights regarding trademarks, images, software programs, boat listings including images and copy, advertising program and images are the exclusive property of Paradigm Development Group LLC
You are responsible for complying at all times with all applicable laws or regulations of any applicable jurisdiction. You may not use Boatsville Network Web Services in a manner that violates, infringes, or misappropriates any third party's intellectual property rights. You may not use Boatsville Network Web Services to engage in impermissible advertising activities such as “spamming”, or in any manner that otherwise violates anti-spamming laws or regulations.You may not use Boatsville Network Web Services in a way that is illegal or promotes illegal activities, including without limitation in any manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
We disclaim all liability, and you will be solely responsible for, the development, operation, and maintenance of your own web site and for all materials that appear on or within your own web site
You are responsible for any user support with regard to your web site and usability support of the Boatsville Network Web Services with regard to non technical issues such as user error.
Boatsville Network will be responsible for technical support of only the Boatsville Network Web services.
Consuming Boatsville Network Services will add additional cpu load and network bandwidth consumption to your server. Partners are responsible for maintaining a level of hosting service that will meet this additional load.
Payments / Commissions:
The Boatsville Network agrees to pay 50% commission up to $20.00 on each electronically tracked referral originating from your web site that results in the sale of an "ENHANCED" classified ad and a boat added to the Network and a 50% commission up to $9.95 on each electronically tracked referral originating from your web site that results in the sale of a "BASIC" classified ad and a boat added to the Network. Commissions will be paid monthly with a minimum requirement of $50 commission before checks are sent. Any commissions totaling less than $50 will be held until an accumulative total reaches $50 or greater. Any invalid sales as a result of fraud or stolen cards will be adjusted on next commission statement.
The Boatsville Network agrees to pay up to 25% commission of the negotiated contract price for a broker/dealer one year membership as a result of a referral of a qualified broker or new boat dealer to the Boatsville Network sales department. you are not authorized to, and may not in any fashion offer, negotiate, or sell such said membership or represent yourself as an agent or employee of the Boatsville Network. Commissions will be paid monthly with a minimum requirement of $50 commission before checks are sent. Any commissions totaling less than $50 will be held until an accumulative total reaches $50 or greater. Any invalid sales as a result of fraud will be adjusted on next commission statement.
In addition, should you have a broker on your web site that you would like us to honor on the Boatsville Network, we will carry their inventory on the Boatsville Network for a period not to exceed 1 year from your approval as a Boatsville Network Partner. It is your responsibility to input the Brokers boats on the Boatsville Network. After the time allotment has been met, the broker will be subject to current Boatsville Network rates. A commission of up to 25% of the negotiated contract price for a broker/dealer one year membership will be paid to you, the Boatsville Network partner, for any Broker continuing with Boatsville Network.
The Boatsville Network agrees to pay up to 25% commission of the negotiated contract price for an advertising campaign as a result of a referral of a qualified advertiser or advertising company to the Boatsville Network sales department. you are not authorized to, and may not in any fashion offer, negotiate, or sell such said advertising campaign or represent yourself as an agent or employee of the Boatsville Network. Commissions will be paid monthly with a minimum requirement of $50 commission before checks are sent. Any commissions totaling less than $50 will be held until an accumulative total reaches $50 or greater. Any invalid sales as a result of fraud will be adjusted on next commission statement.
Use of revenue enhancement programs (ie Google adsense, Yahoo or any adware programs): Boatsville Network retains full control over approval of said revenue enhancement programs used on any page that displays Boatsville Network Web Services. Boatsville Network will allow you to incorporate approved revenue enhancement programs at its discretion.
Disclaimer Of Warranties And Limitation Of Liability:
BOATSVILLE NETWORK WEB SERVICES ARE PROVIDED BY BOATSVILLE NETWORK ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOATSVILLE NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO BOATSVILLE NETWORK WEB SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF BOATSVILLE NETWORK WEB SERVICES IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BOATSVILLE NETWORK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. BOATSVILLE NETWORK DOES NOT WARRANT THAT BOATSVILLE NETWORK WEB SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE DATA YOU STORE IN ANY BOATSVILLE NETWORK ACCOUNT WILL NOT BE LOST OR DAMAGED.
BOATSVILLE NETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, BOATSVILLE NETWORK WEB SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
BOATSVILLE NETWORK DOES NOT MAKE ANY PROMISE IMPLIED OR OTHERWISE OF YOUR BUSINESS GROWTH OR YOUR MONETARY GAIN FROM THE USE OF THE BOATSVILLE NETWORK WEB SERVICES.
You agree to indemnify, and hold harmless Boatsville Network and its affiliates, and each of their respective employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way arise out of or are related to: (i) your use of Boatsville Network Web Services; or (ii) your web site or your content, including but not limited to any infringement of any third-party rights; and (iii) your violation of any term or condition of this Agreement. At Boatsville Network's option, you will assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, Boatsville Network may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you may not settle any such Claim without Boatsville Network’s prior written consent).
Boatsville Network may suspend your access to Boatsville Network Web Services or terminate this Agreement at any time without notice if the terms and conditions are not complied with or we find your site to be unsuitable for the Boatsville Network, or for any other reason at our sole discretion.
You may terminate this agreement it your discretion. You are required to give Boatsville Network a two week notice of your intent to surrender your usage of the Boatsville Network Web Services. Request to cancel must be in writing and sent to the Boatsville Network Home office.
Upon any termination or notice of any discontinuance, you must immediately stop your use of the Boatsville Network Web Services, and delete all Boatsville Network content in your possession or control (including from your web site and your servers).
We 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 the Boatsville Network Web site IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING BOATSVILLE NETWORK WEB SERVICES. YOUR CONTINUED USE OF BOATSVILLE NETWORK WEB SERVICES FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. No modification of this Agreement other than as provided above will be binding on Boatsville Network unless set forth in a writing signed by both parties. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Boatsville Network's request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement shall remain in full force and effect. The failure by Boatsville Network to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of Boatsville Network to enforce such provision thereafter. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. This Agreement, and policies and guidelines posted on the Boatsville Network Web site, constitutes the entire agreement between you and Boatsville Network regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Boatsville Network, whether written or oral, regarding such subject matter. Each of Boatsville Network affiliates are express and intended third party beneficiaries of this Agreement and my enforce any of its terms and exercise any of the rights to the same extent as Boatsville Network. Nothing in this Agreement is intended to or does create any type of joint venture, partnership or employer/employee relationship between you and Boatsville Network or its affiliates. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
For any questions regarding these Terms and Conditions or Boatsville Network Web Services, you can write us
PO Box 380923
Clinton Twp, MI 48038
(c) 2005-2006 Paradigm Development Group LLC and/or its affiliates