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Partner Program Agreement

Please read the following agreement:

Milter.org Partner Program Agreement

  1. AGREEMENT. In this Partner Program Agreement ("Agreement"), "you" and "your" refer to each person registering an account on the Site, "we", us" and "our" refer to Sendmail Inc. ("Sendmail") and "Services" refers to Sendmail's agreement to post your milters and other software and related documentation (the "Software") on the milter.org website. In addition to the foregoing, Sendmail may elect, at its sole discretion, to post your Software on its co-branded sites and/or to promote the Software on its web site(s) (together with milter.org the "Sites") or any other form of media.
  2. COPYRIGHT. You warrant and represent that you are the sole author of the Software; that you are the sole owner of the copyright and of all rights in and to the Software; that you have not previously assigned, pledged or otherwise encumbered the Software; that you have the full power to enter into this Agreement and to grant the rights herein granted. You further represent that the Software is original or is in the public domain; that it does not violate any right of privacy or publicity; that it is not libelous or obscene; that it does not infringe upon any statutory or common-law copyright or trademark or violate any other right of any other person. In the event of any claim, action or proceeding based on an alleged violation of any of the foregoing warranties and representations, you agree that you shall indemnify and hold harmless Sendmail and its affiliates against any loss, cost and expense (including reasonable counsel fees). These warranties, representations and indemnities shall survive the termination of this Agreement.
  3. TERM. You agree that this Agreement will remain in full force so long as your Software is posted on the Sites.
  4. ACCOUNT MAINTENANCE. Sendmail may establish general practices and limits concerning use of the Sendmail Sites. While Sendmail will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Sendmail has no responsibility or liability for the deletion or failure to store any Software (to the extent it may be hosted on any of the Sites), messages and other communications maintained or transmitted by any Sendmail Site. Sendmail reserves the right to mark as "inactive" and archive accounts and/or content created by you on the Sites (the "Content") that are inactive for an extended period of time. Sendmail reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 5 below.
  5. THIRD-PARTY LINKS. Sendmail may host Software on the Site, or it may refer site visitors to third-party sites to download Software. Sendmail, account holders on milter.org, visitors to the Sites or other parties may provide links from Sites to other websites for other purposes as well. Sendmail exercises no control whatsoever over such third-party websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Sendmail shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
  6. MODIFICATIONS TO AGREEMENT. You agree that we may: revise the terms and conditions of this Agreement from time to time. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the Site. You agree to review the Site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Site following notice of any revision to this Agreement, you shall abide by any such revisions or changes.
  7. MISUSE OF YOUR ACCOUNT. In order to change any of your Account Information, you must use your Account Identifier and Password. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
  8. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our Service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
  9. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (a) loss or liability resulting from access delays or access interruptions; (b) loss or liability resulting from data non-delivery or data mis-delivery; (c) loss or liability resulting from Acts of God; (d) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (e) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (f) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
  10. INDEMNITY. You agree to release, indemnify, and hold Sendmail, its contractors, our agents, employees, officers, directors, affiliates harmless from all liabilities, claims and expenses (including reasonable counsel fees).
  11. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of a Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
  12. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you. We reserve the right to immediately terminate this Agreement and to remove your account and links to Software from our website(s) and/or our co-branded websites in the event that we receive any allegations regarding the validity of your intellectual property rights in and to the Software.
  13. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
  14. NON-AGENCY. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
  15. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  16. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. In the case of e-mail, notification shall be sent to milter-partner@sendmail.com. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to: Sendmail Inc., Attention: Milter.org, 6475 Christie Avenue, Suite 350, Emeryville CA 94608.
  17. ENTIRETY. You agree that this Agreement, the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.
  18. GOVERNING LAW. This agreement shall be governed by and interpreted and enforced in accordance with the laws of the state of California, USA. Any action relating to this agreement must be brought in California and you irrevocably consent to the jurisdiction of such courts.
  19. LEGAL AGE. You attest that you are of legal age to enter into this Agreement.
  20. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.