YES, I want to upgrade by web presence by subscribing to Agent Formula 3!

Website Licensing Agreement

This is a licensing agreement between Agent Formula and customer concerning Agent Formula’s development and hosting of an automated web site and/or access to Agent Formula for the benefit of customer on the terms and conditions, and for the considerations, set forth below.

1. Agreement: For the consideration set forth on the reverse side hereof, Agent Formula (“Agent Formula”) hereby agrees to (i) provide customer access to its automated web site development program over the Internet allowing customer to create his/her personal web site; and (ii) thereafter to provide hosting for such web site. Customer agrees that such web site and/or access to Agent Formula will be hosted by Agent Formula and no other domain host. Upon termination of this agreement, the web site will be deleted and not transferred to customer or any other domain host or third party.

2. Domain Name (URL): Agent Formula does not guarantee that customer will receive the desired URL. Client is responsible for payment of domain name registration for his/her site or for transfer of a domain name that he/she owns. If Agent Formula purchases the URL for the initial term, customer’s credit card will be billed in connection with the URL (aka domain name) ($50 for 2 years, subject to change without notice, renewed annually after the first two-year period). Maintaining / Renewing of web site Domain Name is the sole responsibility of the customer. Customer is advised to keep their contact information current to assure renewal notification and to prevent a loss of their domain.

3. Term: This is a binding contract for at least a full twelve-month period. This contract will automatically renew for successive twelve-month periods unless the customer provides written notice as described herein. By entering into this agreement, customer agrees under any and all circumstances to pay the monthly amounts on the reverse side hereof for a full twelve-month period beginning on the date of this agreement. Unless Agent Formula receives a written notice from customer at least ninety days prior to the expiration of the initial twelve-month period. Agent Formula’s obligation to host the web site and customer’s obligation to pay the foregoing monthly charges will be automatically renewed for an additional twelve-month period. This agreement will continue to be renewed for successive twelve-month periods until such time as customer delivers to Agent Formula the required written notice of cancellation on or before ninety days prior to the end of the then-current twelve-month period.

4. Payment: By entering into this agreement, customer agrees under any and all circumstances to pay the amounts on the Cart for a full twelve (12) month period beginning on the date of this agreement. (Quarterly, semi annual, annual charges or special program charges will begin on the first day of the month following this agreement and will be billed in full on the first day of each specified term thereafter.) Agent Formula reserves the right to charge late fees and interest charges on all past-due amounts to the fullest extent of the law. Agent Formula, in its sole discretion, retains the right to discontinue service for non-payment. The remaining balance for the term of the contract will be due and payable at that time, and all collection costs will be borne by customer.

5. Password Protection: Agent Formula will, as a part of its hosting services hereunder, give to customer a password which will allow customer to access the web site and/or access to Agent Formula in order to make desired changes. Customer acknowledges that this password is proprietary to Agent Formula and agrees that it will keep the password confidential and not disclose it to any third party without written consent of Agent Formula.

6. Sales Tax: Customer is solely responsible for any fees and sales tax associated with web site.

7. Assignment and Termination: Notwithstanding Paragraph 3 hereof, Agent Formula shall have the right to terminate this agreement by giving customer ninety days written notice of such cancellation. In the event of such termination, paid but unearned hosting/maintenance charges for the current year, if any, will be refunded to customer. Agent Formula shall have the right to assign its rights and/or obligations hereunder, in whole or in part, to an affiliate or third party.

8. No Warranty: Agent Formula does not guarantee continuous, error free, uninterrupted or secure access to its products, services or customer’s web site, and these products, services and /or web site may be affected by numerous factors outside Agent Formula’s control. AGENT FORMULA PROVIDES ITS PRODUCTS AND SERVICES HEREUNDER ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. AGENT FORMULA SPECIFICALLY DICLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

9. Limit of Liability: IN NO EVENT SHALL AGENT FORMULA BE LIABLE FOR LOST OPPORTUNITY OR PROFITS, COST OF PROCURMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR THE ACTIONS OR OMISSIONS OF THIRD PARTY PROVIDERS OF GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND WHETHER OR NOT AGENT FORMULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. AGENT FORMULA’S LIABILITY TO YOU, IF ANY, IN ANY CIRCUMSTANCE SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY SERVICE PROBLEM TO THE EXTENT SUCH CORRECTION IS PRACTICABLE AND WITHIN AGENT FORMULA’S CONTROL. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Customer Information: Customer is solely responsible for any information contained in his web site and for the mailing of any of customer’s information through use of the Internet. Agent Formula’s products and services provide a mechanism for customer’s online distribution and publication of his information. Customer is aware and acknowledges that the transmission of such information is subject to certain laws and regulations, including but not limited to those set forth in Section 10 below. Accordingly, customer will indemnify, defend and hold harmless Agent Formula (and it officers, directors, agents and employees) from and against all claims, losses, demands, liabilities, damages, costs and expenses (including without limitation reasonable attorney’s fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with; i) the breach of this agreement by customer; ii) the use of any product or service licensed hereunder; or iii) claims brought by or damages suffered by any third party relating to customer’s or his agent’s use or operation of the products or services licensed hereunder.

11. Laws and Regulations: Customer shall comply with all applicable consumer privacy laws and regulations, including but not limited to the Controlling the Assault on Non-Solicited Pornography and Marketing Act CAN- SPAM Act of 2003 (Pub. L. 108-187, S. 877) and any applicable state laws.

12. Miscellaneous: Any dispute concerning this agreement which cannot be resolved by the parties will be submitted to binding arbitration in Las Vegas, NV in accordance with the commercial arbitration rules of JAMS or the American Arbitration Association, with all initial costs paid by plaintiff, and judgment on any arbitration award may be entered into any court of competent jurisdiction. No agency, partnership or joint venture is intended or created by this agreement. Headings in this agreement are for reference purposes only. Agent Formula in its sole discretion retains the right to discontinue service for non-payment. The remaining balance for the term of the contract will be due and payable at that time, and all collection costs will be borne by customer. This agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This agreement may not be amended except by a written agreement executed by the party to be charged with the amendment.

The Agent Formula is © copyrighted by RJA4, LLC and is protected under the US Copyright Act of 1976 and all other applicable international, federal, state and local laws, with ALL rights reserved. No part of this may be copied, or changed in any format, sold, or used in any way other than what is outlined within The Agent Formula under any circumstances without express permission from The Agent Formula and RJA4, LLC.