By establishing a hyperlink (a “Link”) from your website to Avery Products Company’s (“Avery”) website located at www.avery.com (the “Avery website”), you agree to comply with all of the following terms and conditions (“Linking Agreement”):
Your web site will not employ “framing” or other techniques to display the contents of pages of the Avery website or use framing or other techniques that alter the visual presentation of the Avery website, without Avery Products Corporation’s prior written consent.
You may not register any Internet domain name or use any Internet domain name containing a Mark, Logo, or any confusingly similar marks or names (including misspellings). You may not acquire, use or register any word or phrase containing any Mark, Logo, or any confusingly similar marks or names (including misspellings) as a search term in any Tier One Search Engine. For purposes of these Linking Conditions, a “Tier One Search Engine” is any Internet search engine that uses spider technology for purposes of obtaining and listing websites in connection with a user search and includes search engines such as Google, Overture, MSN and Yahoo. Avery shall have the right to modify these search engine restrictions at any time, in Avery Products Corporation’s sole discretion.
Since end users are required to agree to and comply with an End User License Agreement when they download Avery Wizard, your website may not promote or encourage the use of Avery Wizard or any Avery template downloaded from the Avery website with printable media products other than Avery branded media products. Specifically, your web site may not imply that non-Avery branded media products should or could be printed using Avery Wizard or Avery templates.
You shall indemnify and hold Avery, its affiliates subsidiaries, parent, and their respective officers, directors, agents and employees harmless from and against any and claims, suits, demands, losses, damages, liability, or costs (including attorneys’ fees) arising out of or relating to your breach of this Linking Agreement.
AVERY MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND ARISING OUT OF OR RELATING TO THE AVERY WEB SITE OR YOUR LINK THERETO, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, OR SYSTEM INTEGRATION; OR (ii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
IN NO EVENT SHALL AVERY, OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, POTENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOST PROFITS OR LOST REVENUES) EVEN IF AVERY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVERY OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR LINK TO THE AVERY WEBSITE IN EXCESS OF FIFTY DOLLARS ($50.00). Applicable law may not allow the limitation of liability so the above exclusion may not apply to you.
Avery may at any time, in its sole discretion, without notice, with or without cause, immediately terminate its consent to use the Logos and to link to the Avery website. The consent granted to you hereunder shall terminate automatically if, at any time, you are in violation of this Linking Agreement. Upon Avery Products Corporation’s termination of its consent, you will immediately, following Avery’s request, remove all Links and cease using the Logos.
Avery may amend this Linking Agreement at any time. If any provision of this Linking Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Linking Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Linking Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
- You may use the Avery logo(s) (“Logos”) solely for the purpose of serving as a Link, provided that you do not alter the Logos and your website does not imply that Avery endorses, sponsors or is affiliated with you, your company or your company’s products or services. Except as expressly provided in this paragraph, you will not use any of Avery Products Corporation’s trademarks for any reason without Avery's prior written consent.
- You acknowledge that all right, title and interest in the Logos and other trademarks (collectively, "Marks") and the information, content and materials available through the Avery website are owned by Avery and its licensors. You will not at any time, directly or indirectly, contest or violate these rights or the validity of any registrations of Avery relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in Avery when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting.
- You will not use the Logos in a manner that is likely to cause confusion with, or dilute or damage the reputation or image of, Avery, any of its affiliates, or any of their products. The Logos should not be displayed on your website more prominently than your own marks or logos.
- Your website will not: (a) contain or reference any defamatory or libelous statements; (b) contain or link to any nudity, pornographic content, obscenity or lewdness; (c) violate any applicable federal, state or local laws, rules or regulations, including without limitation laws regarding unfair competition, anti-discrimination or false advertising; (d) promote violence or contain hate speech; (e) disparage Avery or its products and services or otherwise compare Avery products unfavorably to other products; (f) contain any product or service competitive to those offered by Avery or its affiliates unless it is clear and conspicuous that the competitive products or services are not affiliated with, or offered by Avery or its affiliates; or (g) by virtue of its operation, or the content contained thereon, violate or infringe the copyright, trademark, trade name, patent, literary, intellectual, artistic, dramatic, publicity, or privacy rights of any entity or person.
- You may use text links to link to the Avery website. You will only link to one or more of the following locations within the Avery website: