Business Terms and Conditions

SEARCH ENGINE OPTIMIZATION MARKETING AGREEMENT

This Search Engine Optimization Marketing Agreement (“Agreement”) is made and entered into by and between Tattoo (“Tattoo”), a California Corporation and Customer (“Customer”) doing business on behalf of Customer's Domain (“Domain”) as of the date the Terms and Conditions were electronically accepted by Customer. Tattoo and Customer are sometimes referred to herein collectively as the “parties” or individually as a “party”.

Terminology

Account Manager: A representative that brings a Customer to Tattoo and works as an advocate for the Customer.
Additional Onsite Optimization: Added adjustments to onsite optimization for SEO benefit.
Article: Content on a topic.
Article Links: Link within an article.
Auto Renewal: Renewal of Agreement after initial term. 
Bing: A popular search engine.

Biweekly Status Update: A phone call or email providing details regarding a Customer's campaign.
Blog: A website that is easy to publish content on.
Blog Links: Link on a weblog website.
Blog Post: Content added on a blog website.
Cancellation: To make void; revoke, annul.
Customer: The company that is hiring Tattoo for services set forth in the Agreement. 
Customer Service Levels: The types of service, methods, and resources provided to a customer. 
Competitor Analysis: Investigation of a company competing for the same or similar keywords.
Confidential: In strict privacy between all parties involved.
Content Review and Analysis: Assessment of content and how the content is likely to be viewed by users and search engines.
Copy Editing: Modification of content.

Custom Strategy and Implementation: An approach to achieve desired outcome that is put into place.
Dedicated Account and Project Manager: A team of individuals working with a Customer that doesn't change on a frequent basis.
Extensive Keyword Research: In-depth analysis of keywords the Customer's website is ranking for, keywords that Customer's competition is ranking for, and keywords that are relevant to products and/or services offered by the Customer. 
Facebook: A popular social media website.
Follow: Becoming an audience member for a social profile's status updates.
Google: A popular search engine.
Google Analytics: A free service offered by Google that generates detailed statistics about the visitors to a website.

Google Analytics Creation: Signup and implement of Google Analytics if not already created for a website.
Google Analytics Review and Analysis: A review of website statistics in a Google Analytics account and the examination of the data.
Google Webmaster: A free service offered by Google that provides data and diagnostics about a registered website.
Google Webmaster Review and Analysis: Examination of data in Google Webmaster.
Google+: A popular social media website.
Guest Post Link: A post on a third party weblog website including a link.
Health Check Up: A review of Google Analytics, Google Webmaster, and other tools.
HTML: Hyper Text Markup Language.
HTML Sitemap: A bulleted outline of a site's web pages.
Hyper Text Markup Language: A computer language frequently used to build websites.
Inbound Links: Links on other websites pointing to a target website.
Initial Term: Length of Agreement.
Internet: An international computer network providing information from computers.

Keyword Competition Level: The relative difficulty to achieve page 1 ranking on a search engine for a keyword.
Keyword Pages: Select website pages that are optimized for specific keywords.
Keywords: Any searchable word in an online record.
Keywords Optimized: Keywords that are the target for an SEO campaign.
Like: A positive action by a user on a social profile. 
Link Building: The process of creating links on other websites pointing to a target website. 
LinkedIn: A popular social media website.
Local Keywords: Keywords with geographic qualifiers (i.e. Los Angeles appliance repair). 
Local Links: Links from websites from a similar geographic area.
Meta Tag: HTML tags used by search engines to determine the topic of a web page. Meta-description and meta-keyword tags are common HTML tags.
National Keywords: Keywords that aren't limited to a city or region.
New Content Creation / Optimization: Writing new content or editing existing content to include keywords.
New Links On Average Per Month: Links that will include some or all of the link types defined with the average, based on a six month ramp up to make increases look more natural.

News Release / Press Release: A written or recorded communication directed at members of the news media or news entities online for the purpose of announcing something claimed as having news value. 
Onsite Optimization: Tasks carried out on a website to increase the likelihood a website will be found in search engines.
Organic Ranking: A listing on the left hand side of a search engine.

Page 1 Ranking: A listing for a keyword on the left hand side on the 1st page of a search engine.

Page Rank (PR): A 0-10 scale from Google that indicates the importance of a website according to Google.
PayGiant: Platform in which payments are submitted by Customer and received by Tattoo.

Project Manager: An individual that manages a campaign and becomes the primary point contact regarding the campaign. 
Ranking Report: Details regarding keywords listed in organic search results.
Relevant Link: A link that is related to a Customer's industry, category, product, or service.
Retweet: Resending Twitter status update.

Search Engine: A program for the retrieval of data, files, or documents from a database or network.
Search Engine Optimization: The use of various techniques to improve a website's ranking in search engines to attract more visitors.
SEO: Search Engine Optimization

SEO Content: Copy written in a way to provide focus for benefit of Search Engine Optimization. 
SEO Copy Enhancement: Modification of content with the goal of increasing focus on a keyword or increasing relevance related to a concept. 
SEO Site Article: Content on a topic added to the website.
Share: Providing information on a social profile.
Site Analysis: A review of the onsite meta tags, meta descriptions, meta keywords, sitemaps, content, and internal / external links for the Customer's website.
Social Bookmark Links:Link on a website that stores domains online.
Social Links: Link on a social website.

Social Media: Media for social interaction using highly accessible and scalable communication techniques.
Social Media Syndication: Content or social updates that are sent to other sites.
Social Profile: A profile about a user on a social media website.
Social Rank: Use of social signals to help increase search engine organic rankings.
Social Signal: Activity, including likes, shares, follows, and retweets, on a user's profile on a social media site that increases search engine trust.
Status Update: A short post on a social media website.

Title Tag: An HTML tag with text describing a web page that displays at the top of an Internet browser.
Title Tag and Meta Tag Optimization: Adjustments to Title Tags and Meta Tags to improve focus on a keyword or keywords.
Traffic Report: Details regarding keywords bringing visitors to a website.
Traffic Spy: Software and processes used to analyze keywords and search traffic of other websites.
Twitter: A popular social media website.

Uniform Resource Locator: A specific character string that constitutes a reference to an Internet resource.
URL: Uniform resource locator.
Web 2.0 Link: A link on a website that allows for users to do more than retrieve information.
Web Page: A document viewable on the Internet. 
Weblog: A blog website. 
Website: A set of related web pages containing content such as text, images, etc.
Website Link: A link on a website.
XML Sitemap: A file that lists all the URL's for a website intended to inform search engines about website pages.
Yahoo: A popular search engine.

Title Tag: An HTML tag with text describing a web page that displays at the top of an Internet browser.
Title Tag and Meta Tag Optimization: Adjustments to Title Tags and Meta Tags to improve focus on a keyword or keywords.
Traffic Report: Details regarding keywords bringing visitors to a website.
Traffic Spy: Software and processes used to analyze keywords and search traffic of other websites.
Twitter: A popular social media website.

*Other definitions, if needed, will be defined on the Order Page.

  1. Scope of Services:
    The scope of services provided by Tattoo to Customer is detailed on the Order Page. Tattoo reserves the right, as required, to maintain Customer Service Levels and to make appropriate any reasonable changes to deliverables from time to time. Customer understands that the effectiveness of services provided is contingent upon third party practices beyond the control of Tattoo. Tattoo will take reasonable and appropriate actions to adapt to search engine changes.

 

  1. Delivery and Payment of Goods and Services:
    The initial term of this Agreement is detailed on the Order Page. Upon completion of this initial term, this Agreement will automatically renew for an additional equivalent term, unless canceled in writing 30 days prior to the auto renewal date (example: If the six month Agreement is executed on May 11th the Customer must cancel by October 9th in order for services to cancel on November 10th which is the end of the six months.)
    1. The payment schedule begins on the date this Agreement is executed and will continue to be paid by Customer on the same execution date of each month thereafter. If payment method is a credit card, Customer has agreed to allow the credit card that is inputted into PayGiant to be charged on a monthly basis by the dollar amount on the Order Page, labeled as “Amount”. If payment method used is not a credit card and execution date falls on a non-business day, the payment is due on the previous business day. If the Agreement is automatically renewed, the billing days will stay the same.
    2. At Customer's discretion, the credit card on file can be changed at any time and will not affect the terms and conditions set forth in this Agreement.
    3. If the credit card fails when Tattoo charges the card, Customer will update or provide a valid credit card to be charged. Customer can also choose to provide payment via check, check by fax or wire transfer within 5 business days to Tattoo.
    4. If Customer wishes to pay by check, check-by-fax, or wire instead of credit card, then payment must be received by Tattoo prior to the scheduled credit card charges in accordance with Section 2a.
    5. For late payment or non-payment regardless of type, Tattoo reserves the right to cease work after 5 day period until payment in full is made. If paying via check by fax, Customer agrees to request from Tattoo a check-by-fax form and to complete it in its entirety in accordance with the full amount due as detailed herein. Payment received after this period may be subject to a 2% late fee for every 5 business days it is late as solely determined by Tattoo.
    6. A request to cancel must be made in writing and mailed to Tattoo address as noted in Section 7 and must be received 30 days prior to the auto renewal date.
    7. The Customer agrees to the monthly commitment stated above and understands that there are no refunds.
    8. Customer will have exclusive rights to content and search engine optimization created as part of this search engine optimization Agreement only after Customer is paid in full for the initial term of this Agreement.

 

  1. No Legal Advice; Compliance with Applicable Laws:
    1. Customer acknowledges and agrees that: (i) it is not relying any legal advice from Company in connection with the use of the Data and (ii) all Data which Customer receives under the Order Confirmation shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, e-mail solicitation, fax broadcasts and direct marketing. Customer understands that any person violating such laws may be subject to civil and criminal penalties. Customer acknowledges and agrees that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Without in any way limiting the generality of the foregoing, there shall be no responsibility or liability upon or of Company for determining whether phone numbers on its lists may be registered under federal and/or state "Do Not Call" laws or other laws governing telemarketers, and Customer shall be fully responsible for compliance therewith in connection with the use of Data rented hereunder. Customer represents and warrants that any and all actions taken by Customer shall be in compliance with the provisions of all applicable laws and regulations and that Company shall have no liability whatsoever for any actions done or performed, or caused to be done or performed by Customer, and Customer agrees to indemnify and hold Company harmless therefrom.
    2. At all times Customer shall fully comply with all applicable federal, state and local laws or regulations affecting or arising from the Data rental pursuant hereto, including without limitation: (a) the Federal Fair Credit Reporting Act; (b) the Gramm, Leach, Bliley Privacy Act; (c) the Do-Not-Call Implementation Act of 2003; and (d) the Telephone Consumer Protection Act of 1991. Customer agrees to defend, indemnify and hold harmless Company, its subsidiaries and affiliates, and their respective officers, directors, agents, and employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party based on: (i) any act or omission that constitutes a breach of any covenant, duty, representation, or warranty of Customer under this Agreement, and (ii) any claim that Company's proper use of the Customer trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party. The provisions of this Agreement shall survive the expiration or termination of this Agreement.
    3.  
  2. Use of Email Data:
    Customer agrees that any use of Data will be in compliance with all applicable state and federal laws, including the CAN-SPAM Act of 2003 and Customer's own privacy policies. If Customer uses any Data to send e-mail messages, such compliance by Customer and its transferees must, at a minimum, include: (1) not using forged, false or misleading header information; (2) not using false or misleading subject lines; (3) including the sender's physical address (not a P.O. box); (4) clearly identifying the e-mail message as an advertisement; (5) providing an opt-out notice with a functioning opt-out mechanism via e-mail or the Internet which is operational for at least 30 days after sending the message; (6) honoring opt-out notices within ten (10) business days of receipt of each opt-out request; and (7) for e-mail messages with sexually explicit material, including a warning in the subject line and requiring an additional step to view the material after opening the message. If Customer resells, shares, rents or transfers this Data, such compliance must, at a minimum, include prohibiting reselling, sharing, renting or transferring the e-mail addresses of recipients who have opted out of receiving e-mail messages. CUSTOMER AGREES NOT TO SELL, SHARE, RENT OR TRANSFER THIS DATA TO OR WITH ANY PERSON OR ENTITY WHICH DOES NOT AGREE TO USE THIS DATA IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS, INCLUDING THE CAN-SPAM ACT OF 2003, AND WITH ITS OWN PRIVACY POLICIES. Customer agrees to indemnify Company, its clients, owners, officers, partners, members, managers, employees, agents, subsidiaries, and their respective successors and assigns, against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising from or related to Customer's breach or alleged breach, or the breach or alleged breach of any person or entity to whom Customer may have sold the Data, of the promises and obligations herein. For email Data purchased from Company which Customer chooses to deploy themselves, Customer acknowledges that they understand some third party email deployment services do not permit you to deploy purchase email Data. It is highly recommended that Customer check with its internet service provider and its email deployment company before deploying any type of email advertisements, announcements, or other correspondence of any type regardless of its relationship with email recipients. Although Company endeavors to provide quality products and services, there shall be no liability or responsibility for the success of Customer's email campaign due to factors beyond the reasonable control of Company including but not limited to: (a) tracking and quantifying the success of Customer's campaign; (b) the look and feel of Customer's creative; and (c) deployment strategies; etc. Due to these factors, it is recommended that Customer have Company deploy email campaigns to track bounces, open rates, click-through to website offers, etc.

 

  1. Use of Data and Lists:
    Customer represents and warrants that: (i) he/she/it is a merchant as understood and defined in the Uniform Commercial Code of the State(s) in which it operates, (ii) the Data rented hereunder is to be used for a one-time use only, and (iii) no record in the Data, including without limitation names, addresses, etc., will be retained or duplicated. Additionally, Customer is strictly prohibited from using source or origination information regarding any rented Data as part of Customer's telephonic presentation or printed mail piece, including without limitation disclosing the name, identity or contact information of Company. NO EXCEPTIONS.

 

  1. Disclaimer of Warranties:
    All Data and other goods and services are provided ”AS IS” and all representations and warranties, express or implied, relating to any such goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability or their non-infringement are hereby disclaimed. Due to the fact that Data products can be copied easily, no order will be returned or accepted for credit or otherwise unless first approved in writing. Customer further understands that although industry averages may be quoted by representatives from time to time, individual results vary. Accordingly, no guarantee whatsoever is given for any results from the use of products sold or services provided. In connection therewith, Customer acknowledges and agrees that the “Limitation of Liability” section below shall govern the rights of the parties hereto.

 

  1. Uptime Guarantee:

Company offers a service uptime guarantee for the Company's portal, which provides for a credit to Customer in the event the total availability of Data falls below 97% ("Uptime"). If Customer can demonstrate to Company's reasonable satisfaction that Company has failed to maintain the Uptime, Customer may contact Company and request a credit for that month proportional to the amount of downtime, to be applied towards the purchase of future Company goods and services. Credits can not be redeemed for cash or data, and are exclusive of any applicable taxes. Notwithstanding the foregoing, the credit does not apply to service interruptions caused by: (i) periodic scheduled maintenance or repairs undertaken by Company from time to time; (ii) downtime caused by Customer; (iii) outages that do not limit manual data pulls (for example, interruptions that do not prevent Company from manually pulling requested data and delivering electronically); (iv) suspension of Customer's account due to legal action taken or threatened against Customer or Customer's services; (v) suspension of Customer's account due to violations of the T&C or DNC, as determined by Company in its sole discretion, including but not limited to, excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the T&C; or (vi) causes beyond the control of Company or that are not reasonably foreseeable by Company (for example, Acts of God / Force Majeure).

 

  1. Confidentiality:
    1. Each party acknowledges that in the performance of its obligations hereunder, it may have access to information belonging to the other party, or the other party's affiliates, subsidiaries, direct and indirect parent entities, and subsidiaries and affiliates of such parents; or the customers or Customers or other vendors or third party associates of such entities; which is proprietary, secret, private, and highly confidential ("Confidential Information"). Each party, on behalf of itself and its employees and Consultants agrees not to disclose to any third party any Confidential Information of the other party to which it may have access while performing its obligations hereunder without the written consent of an authorized officer of the other party (in the case of Tattoo, an officer of with the title of Vice President or above). Each party agrees that it shall inform its employees and Consultants of this prohibition on disclosure of Confidential Information and shall be liable for any unauthorized disclosure of Confidential Information by such employees or Consultants. Confidential Information, for purposes hereof, shall include any and all software, agreements, policies, customer lists, customer information, financial data and budgetary information, income or sales data or projections, distributors, facilities, suppliers, designs, plans, processes, formulas, drawings, concepts, developments, experiments or market analyses and any other information which relates to either party's (or a third party's) data processing, research and development, trade secrets, business methods, or business affairs.
    2. Confidential Information shall not include any information which: (a) is or becomes generally available to the public other than as a result of a disclosure by the receiving party in breach of this Agreement; (b) is wholly and independently developed by the receiving party without the use of Confidential Information; (c) becomes available to the receiving party from a source not a party to this Agreement, provided that such source is not violating any contractual or legal obligation in disclosing such information; (d) was known on a non-confidential basis by the receiving party prior to disclosure; or (e) is required, based upon the reasonable advice of counsel, to be disclosed by any applicable law or regulation or competent judicial, governmental, or other authority. If the receiving party becomes legally required to disclose any Confidential Information, the receiving party shall, to the extent practicable, provide the disclosing party with prompt written notice of such requirement so that the disclosing party may seek a protective order or other appropriate remedy and/or waive compliance with respect to that disclosure. In any case, the receiving party shall disclose only that portion of the Confidential Information which, based on the reasonable advice of counsel, is legally required to be disclosed and will otherwise exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the Confidential Information
    3. Party acknowledges that a breach of the prohibition on disclosure of Confidential Information in this Section will result in serious and irreparable harm to the disclosing party for which there is no adequate remedy at Law. In the event of such a disclosure, the disclosing party shall be entitled, without a showing of irreparable harm or posting bond, to any temporary or permanent injunctive relief as may be awarded by a court of equity, as well as any monetary damages resulting from such disclosure. Customer agrees that it will immediately notify Tattoo in the event of any security failure that could result in the unauthorized release of Confidential Information.

 

  1. Representations and Warranties:
    1. Tattoo represents and warrants that any work or materials produced or provided pursuant to this Agreement (a) shall be free from computer viruses introduced into the software as a result of the negligence or intentional acts of Tattoo and that the software will be free of software traps, viruses, worms, or code (including any undisclosed disabling device or code) which would interfere with the intended use of the software in accordance with the specifications or which destroy or alter Customer's data, files, or systems and (b) shall not infringe upon or violate any patent, trademark, copyright, trade secret or any other intellectual property rights of any third party.
    2. Tattoo warrants that its work hereunder shall be of professional quality consistent with industry standards and expectations for work of a similar nature. Tattoo warrants that it has the right to enter into this Agreement and perform it and that its performance hereunder will not breach any other agreement by which it is bound. Tattoo warrants that its Work Product delivered to Customer hereunder (or under any Order Confirmation) shall not be subject to any prior or conflicting rights of any third party of any nature whatsoever.
    3. Customer understands that Tattoo is not affiliated with search engines including but not limited to Google, Yahoo, Bing, Ask and MSN and therefore, Tattoo will not be held responsible for major search engine policy, structure or algorithm changes.
    4. Rank Giant and Gold Coast Partners have the right to use of Customer's name, Customer's domain name, Customer's logo and Customer's keyword rankings on websites, case studies and other marketing materials. If contacted by an existing customer or potential customer, Customer will not disclose terms of the agreement including but not limited to pricing, pricing structure and agreement term.
    5. EXCEPT AS SET FORTH IN THIS SECTION, Tattoo MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Limitation of Liability:
    1. EACH PARTY (THE “INDEMNIFYING PARTY”) WILL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY (THE “INDEMNIFIED PARTY”) AND ANY PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS OF THE INDEMNIFIED PARTY AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, EXPENSES AND CAUSES OF ACTION RELATING TO ANY THIRD PARTY CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF THE INDEMNIFYING PARTY DUE, IN WHOLE OR SUBSTANTIAL PART, TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT. THE INDEMNIFYING PARTY, HOWEVER, WILL NOT BE RESPONSIBLE FOR INJURY OR DAMAGE ATTRIBUTABLE, IN WHOLE OR SUBSTANTIAL PART, TO THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF THE INDEMNIFIED PARTY OR ANY PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS OF THE INDEMNIFIED PARTY. EACH PARTY SHALL NOTIFY THE OTHER PARTY, PROMPTLY AND IN WRITING, OF ANY CLAIMS, DEMANDS OR SUITS FOR WHICH THE OTHER PARTY IS OR MAY BE RESPONSIBLE HEREUNDER. THE RIGHTS AND RESPONSIBILITIES OF EACH PARTY UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
    2. EXCEPT FOR ANY CLAIMS OF INDMENIFICATION ARISING IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND INCIDENTAL OR PUNITIVE DAMAGES UNDER THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. Any provisions set forth in this Agreement that operate to limit damages shall not be applicable to any damages resulting from: 1) the gross negligence or willful misconduct of a party; 2) infringement of the intellectual property rights of any third party; or 3) violations of the confidentiality provisions of this Agreement.

 

  1. Term and Termination:
    1. Unless earlier terminated in accordance with Section 2, this Agreement shall be effective from the date first written above and shall continue thereafter until properly terminated upon written notice by either party.
    2. In the event of termination, the Customer shall be obligated to pay for provided and planned services performed for the Customer until the end of the 30 day period.
    3. If a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The party in default shall have 30 business days from the effective date of such notice to cure the default(s). Unless waived by the party providing the notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. Tattoo reserves the right to unilaterally cancel the agreement at any time upon providing Customer with 30 days written notice and completing all work in progress during the notice period, after which, work will cease and Customer will no long be obligated to payment schedule.

 

  1. Notices and Other Communications:

Any notice made in accordance with this Agreement shall be sent by certified mail or by recognized, national, overnight express mail and shall be effective upon receipt:

 

If to Customer:

 

For Customer Address use Customer Shipping Address, Customer Contact.

 

If to Tattoo:

 

Tattoo
Attn: COO
2475 Townsgate Rd, Suite 150
Westlake Village, CA 91361
 

  1. Law:

The construction, interpretation and performance of this Agreement shall be governed by the laws of California without giving effect to any principles of conflict or choice of law which may direct application of the law of another jurisdiction.

 

  1. Entire Agreement: 

This Agreement constitutes the entire agreement of the parties for the designated Domain referenced on the Order Page and supersedes any and all prior agreements, whether written, oral, express or implied, of the parties with respect to the transactions contemplated herein. Neither party will be bound by, and each party specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be bound specifically agrees to such provision(s) in writing.