|
http://ww=
w.onafree.com/Lists/Announcements/DispForm.aspx?ID=3D20&Source=3Dhttp%3=
A%2F%2Fwww%2Eonafree%2Ecom%2Fdefault%2Easpx
MHT (888)OnAFree.com arush@OnAFree.com Office=
Live
Consulting,
Training, Research Development & Programming Services Jump Page
OFFICE LIVE MARKETPLACE JUMP PAGE ONLINE APPLICATION=
Your Microsoft Office Marketplace Application
Dr. Sara Rushinek, Ph.D.
OnAFree.com President http://www.OnAFree.com <=
br>
OnAFree.com Online
(305)No-Trick
(305)66-87425
(305)On-Trial.Org
(305)66-87425
Subject: RE: Your Microsoft Office Marketplace Application
Date: 1/28/2008 3:52:15 PM Eastern Standard Time
To: a-rasmit@microsoft.com
Reply To:
From: ARUSHINE@aol.com
CC:
BCC:
Sent on:
Sent from the Internet (Details)
Rashida Smith
Dear Rashida,
Thank you for responding to my e-mail so promptly here in
1999999, 1999 . Your e-mail said the following:=
In the application you submitted on October 10, 2007 you
supplied the following URL:
http://cpe1.org/default.aspx as the jump page link f=
or
the following product….
In a subsequent e-mail and revised applications (lost at
Microsoft), as follows:
http://www.onafree.com/Office_Live_=
Pages/Forms/AllItems.aspx
CPE1.Org become the client of OnAFree.com, and temporarily inactive, wh=
ile
awaiting the reply from Microsoft Market Place. In the meantime,
OnAFree.com replaced CPE1.Org, which contains our new and improved Jump
Page:
http://www.OnAFree.com
Title: “Office Live & Accounting Train”
Short Description: “Office Live & MS Office Accounting Traini=
ng
Videos”
Long Description: “Office Live & MS Office Accounting Integra=
tion
Training Videos, Seminars, and Instructional Materials-((888)OnAFree.com
Train Research Develop Program & Promote Office Live (helping compa=
nies
get a Free Dot Com from Microsoft office live program) consultants set =
up
and support Microsoft Office Live® (OL), design custom OL web sites=
, as
well as train & develop solution add-ons, for the healthcare, real
estate and professional services (business, engineering, law &
medicine).”
Unfortunately, like you, we have been short staffed with a
backlog of revised Microsoft Market Place applications, which got lost =
by
Microsoft. We appreciate your patience and encourage you to consi=
der
our revised application and web site. As we are teaching hundreds=
of
students about your programs and how to get a Free Dot Com, from Micros=
oft,
using office live, at the University of Miami, as you can see in these
videos:
http://video.google.com/videosearch=
?q=3DMicrosoft+Office+888&num=3D10&so=3D0&hl=3Den&start=3D1=
0
Please check our new web site, and let us know if it is sufficiently ac=
tive
for your taste. Also, if you can find our revised application
(enclosed) let us know. Following is a small sample of our Office Live
Clients: http://www.webjobnet.com/ and more:
URL
http://www.CPE1.ORG
http://www.DrJD.net
http://www.DVDU.Org
http://www.ITISJOB.Net
http://www.eTails.Net
http://www.MOAX.Org
http://www.VCEZ.Net
In our revised application we have carefully reviewed the
guidelines, noting both trademark and product name use guidelines for o=
ur
jump page. Please let me know if I can be of any further assistance.
Please call us to discuss some collaboration between you a=
nd
the U. of Miami. We would like to teach some classes about your
programs.
Regards,
Dr. Sara Rushinek, Ph.D.
Computer Information Systems Professor, University of Miami and
http://www2.bus.miami.edu/index.php=
?option=3Dcom_content&task=3Dview&id=3D482&Itemid=3D625<=
/a>
OnAFree.com President http://www.OnAFree.com <=
br>
OnAFree.com Online
(305)No-Trick
(305)66-87425
(305)On-Trial.Org
(305)66-87425
From: ARUSHINE@aol.com [mailto:ARUSHINE@aol.com]
Sent: Monday, January 28, 2008 8:36 AM
To: Rashida Smith (Sakson & Taylor); s.rushinek@miami.edu
Subject: Re: Your Microsoft Office Marketplace Application
In a message dated 1/22/2008 1:43:56 PM Eastern Standard T=
ime,
a-rasmit@microsoft.com writes:
Rashida Smith
Dear Rashida,
I received you letter 6 month after I applied, by now I lost track of w=
hich
jump page you are talking about.
In your reply to my letter you say the following:
"Thank you for your application to be listed on the US Office
Marketplace. We have reviewed your application but are not able to
approve your listing request at this time. Although your product is
relevant to Office customers one requirement for the Office Marketplace
program is that your jump page give relevant information to customers a=
bout
your product. It appears that your jump page is inactive at this
time."
Which page is it that you call "YOUR JUMP PAGE"
Could you please be specific and send me the URL of the "JUMP
PAGE" you are talking about?
For example send a URL such as:
http://www.myjumppage.com/
Kind Regards,
s.rushinek@miami.edu
Microsoft Office Marketplace Applicant
________________________________________
Start the year off right. Easy ways to stay in shape in the new year. <=
o:p>
Subject “Marketplace submission for <1(888)OnAFree.com 4 Office
Live>”.
body of the e-mail does include the following information:
Company name: 1(888)OnAFree.com 4 Office Live
Contact person (name: S. Rushinek, phone number: (305)666-7=
890,
and e-mail address: s.rushinek@maimi.edu)
Name of the solution as submitted in the Partner Solution
Profiler: Account and Bank-rec
Date you submitted our listing to the Partner Solution
Profiler: May, 2007
An active link to our jump page:
http://www.OnAFree.com
Assess our fit
Our company, and product or service must meet ALL of the following
criteria:
1. Are you a Microsoft Partner? Yes, we are Microsoft
Partners.
2. Our product or service consistent with Microsoft's Trustworthy
Computing Principles? Yes.
O Privacy Customers' personal information is never
disclosed in unauthorized ways. When customers provide personal informa=
tion
to our site or service, you inform them clearly of what will and will n=
ot
be done with that information, and they can be sure that you will do wh=
at
you promise.
o Security You can assure customers that a virus will =
not
infect and crash their computers. An intruder cannot render their syste=
ms
unusable or make unauthorized alterations to their data.
o Reliability When customers install new software, they
don't have to worry about whether it will work properly with their exis=
ting
applications.
o Business Integrity you respond rapidly and effective=
ly
when customers report a problem.
3. Our product or service relevant to Microsoft Office Live
customers? Our offering does help customers improve their business
productivity using Microsoft Office Live, and it must meet AT LEAST ONE=
of
the following requirements:
o Requires a Microsoft Office Live subscription for use.
o Provides training or support resources related to Microsoft Offi=
ce
Live.
o Provides consulting or Web design services that are specialized =
in
Microsoft Office Live.
4. Our product or service are fulfilled or delivered online to any
customer in the U.S.? Our business does offer a Web site
through which Microsoft Office Live customers can receive our product
and/or learn about our service. Additionally, our site must provide con=
tact
information (physical location and phone number).
5. Is customer support available? Our company must pro=
vide
customer service (online or over the phone) and easy-to-use help conten=
t.
6. Does our product or service work with the latest version of
Microsoft Office Live? Our product or service must work with
the latest version of Microsoft Office Live within six months of the
release of that version.
7. Is this product fully tested and reliable? Our prod=
uct
or service must provide an excellent customer experience. Also, the Web
site where the product or service can be purchased and where customer
support can be accessed must perform with 99% uptime.
8. Are our product title(s), domain name, and company name in
compliance with Microsoft trademarks? Our application must =
meet
the guidelines for proper referential use of the Microsoft trademarks a=
nd
names. Review the Microsoft Referential Use Guidelines before you apply=
.
Top of Page
Create our jump page and prepare our listing details
Almost there! Before you submit a new listing request, you must first
prepare the following information.
IMPORTANT Our compliance with these guidelines enable=
s us
to review and process our application faster.
Create a jump page
You must create a unique Web page that the Microsoft Office Live
Marketplace's provider directory will send customers to when they click=
our
company's listing from within the directory. This Web page must be host=
ed
on our servers.
Our jump page must meet all of the following requirements:
1. Works with Microsoft Internet Explorer version 5.0 or later.
2. Lists the product or service name prominently.
3. Clearly indicates customer support contact information.
4. Clearly indicates the pricing of the product or service.
5. Provides clear instructions on using the product.
6. Highlights the integration of our product or service with Micro=
soft
Office Live.
7. Presents proper referential use of the Microsoft trademarks and
names. Review the Microsoft Referential Use Guidelines to verify that y=
ou
have used appropriate naming on our jump page.
Submit our Product or Service listing in Microsoft Partner Solution
Profiler
Our listing in the Microsoft Office Live Marketplace is based on the
information you enter in the Microsoft Partner Solution Profiler. Please
follow the steps provided on the Partner Solution Profiler submission p=
ages
to create our listing. Below is some additional information to be aware=
of
when you create our listing.
NOTES
Only Microsoft Partners have access the Partner Solution
Profiler. If you are not a Microsoft Partner, then enroll today!
If you are new Microsoft Partner, our listing posted to the
Partner Solution Profiler will not appear until 24 hours after you have
enrolled in the Microsoft Partner Program.
Write a product or service title
Our title is the name of our product or service as it will appear in the
Microsoft Office Live Marketplace directory: “Shared toll-fee
telephone numbers that spell a domain name URL.” If this na=
me
is very long, we consider shortening it to a briefer but still accurate
title, like “Shared toll-free phone & URL. We will have
room in the full description to list the full product or service name.<=
br>
Write a short summary description of our offering
The first 80 words of our product or service listing in the Partner
Solution Profiler will appear with our company name and solution/service
title on category and search pages. It is a good idea, then, to treat t=
he
first 80 words as a summary description of our product or services:
80 WORDS AS A SUMMARY DESCRIPTION OF YOUR PRODUCT OR SERVICES:
(888)OnAFree.com Train Research Develop Program & Promote Office Li=
ve
helping companies get a Free Dot Com from Microsoft. Look at our
clients such as http://www.CPE1.com. CPE1 (Continuing Professi=
onal
Education) consultants set up and support Microsoft Office Live® (O=
L),
design custom OL web site, as well as train & develop solution add-=
ons,
for the healthcare, real estate and professional services (business,
engineering, law & medicine). OnAFree.com combines IT with
Audio/Video AV Network PTZ-Cameras surveillance security reconnaissance
& video conferencing WWW CCTV, streaming & repurposing real-time
streaming and asynchronous archiving downloads for Business Continuity
Disaster Recovery (BCDR) plans.
Write a full description (230 plus words)
(888)OnAFree.com, using Search Engine Optimization (SEO), XHTML, CSS, &=
amp;
XML we customize OL raising search engines ranking of small, medium &am=
p;
large Enterprise SharePoint (SP) Portal Server (SPS), Windows SP Servic=
es
(WWS), and InfoPath SQL Servers. We teach Java and VB programming
providing on-demand pre-packaged and custom training videos online &
offline DVDs/CDs, to retail, etail, and real-estate & health-care
industries. We Consult Excel and Word macro programming (Visual BASIC f=
or
Applications, VBA) enterprise assessment and Blackboard, WebCT, &
Moodles LMS (Learning Management Software). We provide unforgetta=
ble,
shared-use Toll-free Vanity Numbers spelling domain names, embedding th=
em
with hot hyperlinked sponsored branding promo to communicate and
advertise. We help university instructors teach using OL and SP to
stream and archive classroom lectures. OnAFree.com web-enab=
les
SaaS web eStore applying Sarbanes Oxley (SOX) IS audit tools we organize
accounting controls compliance and store them in SQL server
application. We specialize in forensic accounting, expert witness
testimony & computer litigation support consulting services, &
automating rapid web apps development. We train managers to use
Microsoft’s Office Accounting (MOA), & Office, integrating it
into the business, classroom & courtroom, as well as service &
support instructors in synchronous (real-time) and asynchronous (record=
ed)
formats. We manage Windows Mobile™ OL™ websites &
optimize simplify and automate the business process, using Microsoft&re=
g;
Office InfoPath® forms and Web Parts helping university instructors
teach WWS SPS to stream and archive classroom lectures.
Identify the right category for our service or product
On the second page of the Microsoft Partner Solution Profile form, you =
will
be asked to affiliate our solution with a Microsoft product. Please exp=
and
the Microsoft Office Live category by clicking on the plus symbol (+) a=
nd
select the category that is most appropriate for our solution:
Business Solutions Branded products or solutions
that we create and market for Microsoft Office Live such as the shared
toll-free phone and URL.
Custom Development & Consulting Customize a
customer’s existing Microsoft Office Live environment, or create a
one-off a kind solution based on their specific needs such as combining=
AV
streaming archiving of PTZ Network Cam.
Setup & Support Get a customer up and runni=
ng
on Microsoft Office Live and/or provide personal support to them for th=
eir
Microsoft Office Live subscription customizing the website for better AV
streaming live services.
Training Show customers how to use and get the =
most
from their Microsoft Office Live subscription by improving their search
engine position using SEO and video lecture archive streaming.
Website Development Design Web sites for custom=
ers
using either the tool provided with their account or HTML editors such =
as
Microsoft Expression.
We identified the right category for our service or product. If y=
ou
do not see a category that exactly fits our listing, we picked the clos=
est
one. We were asked for this information when you submitted the listing =
in
the Partner Solution Profiler. If we believe we should include an
additional category, e-mail Microsoft at olmrkt@microsoft.com.
When new categories are added, you may edit our listing in the Partner
Solution Profiler.
You will need all the information requested in Step 2 to complete our
application.
Top of Page
Submit our application
We are now ready to submit our online application for a listing. Simply
print out, sign, and fax the Microsoft Office Live Marketplace Agreemen=
t to
(425) 708-0179. Then send an e-mail to olmrkt@microsoft.com wit=
h the
subject heading “Marketplace submission for <insert name of our
company>”. The body of the e-mail must include the following
information:
Company name: OnAFree.com
Contact person (name: S. Rushinek, phone number: (305)666-7=
890,
and e-mail address: s.rushinek@maimi.edu)
Name of the solution as submitted in the Partner Solution
Profiler: Account and Bank-rec
Date you submitted our listing to the Partner Solution
Profiler: May, 2007
An active link to our jump page: http://www.onafree.com/Office_Live_=
Pages/1(888)OnAFree.com_htm_Office_Live_Consulting_Training_Research_Develo=
pment_Programming.htm
Once our listing has been reviewed, you will receive an e-m=
ail
either accepting or not accepting the listing. You should receive a
response from us within approximately ten working days from when you su=
bmit
an online application. If our listing is approved, it will appear on the
Microsoft Office Live Marketplace within approximately ten business days
after the approval.
If you have any questions, please e-mail us at olmrkt@microsoft.com
and we will respond to our query within a few business days.
(888)OnAFree.com Office Live Consulting, Training, Research Development
& Programming Services
(888)OnAFree.com trains clients to develop their Office Li=
ve
web site, providing them Continuing Professional Education (CPE)
credit. (888)OnAFree.com customizes trains, and supports clients =
to
grow their business.
Office Live Support Line
Please contact us at with any support issues, at:
(305)666-7890 or at
(888)OnAFree.com which is also
(888)2731.674 a toll-free number and a URL.
Office Live Pricing
Please contact us at (305)666-7890 with any pricing issues.
Create a jump page
We create this unique web page “Office Live Pages.”
Microsoft Office Live Marketplace's provider directory will send surfer=
s to
this “Office Live Pages” page. When directory surfers
click our company's listing from within the directory. Our server
hosts this web pages.
Our jump page does meet all of the following requirements:=
Works with Microsoft Internet Explorer version 5.0 or late=
r.
Lists the product or service name prominently.
Clearly indicates customer support contact information.
Clearly indicates the pricing of the product or service.
Provides clear instructions on using the product.
Highlights the integration of your product or service with Microsoft Of=
fice
Live.
Presents proper referential use of the Microsoft trademarks and names.
Review the Microsoft Referential Use Guidelines to verify that you have
used appropriate naming on your jump page.
Submit your Product or Service listing in Microsoft Partner Solution
Profiler
Your listing in the Microsoft Office Live Marketplace is based on the
information you enter in the Microsoft Partner Solution Profiler. Please
follow the steps provided on the Partner Solution Profiler submission p=
ages
to create your listing. Below is some additional information to be awar=
e of
when you create your listing.
fax the Microsoft Office Live Marketplace Agreement to (425) 708-0179
WELCOME TO THE MICROSOFT OFFICE LIVE SOLUTION DEVELOPER
PROGRAM AND MARKETPLACE
Last Updated: January 2007
This is a contract between you (a business entity) and the Microsoft
company listed in section 12 (d). This contract includes: (i) this
agreement, (ii) the agreement for the Microsoft Partner Program
(“MSPP”), and (iii) the developer guide for the Microsoft
Office Live Solution Developer program posted at http://msdn2.microsoft.com/en-us/li=
brary/aa973399.aspx,
as amended from time to time (the “developer guide”).
You are applying to the Microsoft Office Live Solution Developer program
(the “program”) to post information (a
“listing”) on the Microsoft Office Live Marketplace (the
“marketplace”) about your applications, templates and servi=
ces
that work with Microsoft Office Live (the “service”) or your
services for Microsoft Office Live customers (collectively, your
“solutions”). This contract applies to your applicati=
on
for a listing and to your listing if we accept it. It also applies to y=
our
participation in the program.
Please read this contract carefully. If you agree to its te=
rms,
sign it at the end and fax it to (425) 708-0179. If you do =
not
agree with these terms, do not sign the contract.
1. LICENSE GRANT. If you comply with this contract, Microsoft gran=
ts
you a non-exclusive, royalty-free license to
a. Review, copy and reference internally the developer guide to
develop solutions for your customers (“your end users”).
b. If you obtain software from Microsoft or any third party to dev=
elop
your solutions, then the license terms that accompany that software app=
ly
to use of it by your end users and you.
2. PROGRAM REQUIREMENTS.
A. MSPP. You must be at least a registered member of MSPP and main=
tain
your membership during the term of this contract. For information and to
apply to MSPP, go to www.partners.microsoft.com.
You also must have a current subscription to a Microsoft Office Live
service as described in the developer guide.
B. Developer Guide. Your solutions must comply at all times with t=
he
developer guide and applicable laws, rules and regulations. The
quality of your solutions must be consistent with your other products a=
nd
services and meet or exceed relevant industry standards.
c. Your customers. You will market, sell and distribute your solut=
ions
under your own brand. You are responsible for all selling, billing and
support for your solutions. Microsoft will not provide support to your =
end
users for your solutions. You are solely responsible for and bear any a=
nd
all liability related to solutions that you provide to your end users.&=
nbsp;
This includes any adverse effect that your solutions have on any
functionality of the service, your end users’ computer systems and
data, or otherwise relating to the use of your solutions by your end us=
ers.
d. Program Support. Microsoft will provide program support to
you as described in the developer guide. This contract applies to any
support that you receive from Microsoft.
e. Privacy. The collection, disclosure or use of your end users=
217;
personal information, including name, address, e-mail address, phone
number, payment information, passwords and account information, are sub=
ject
to your end users’ consent, your privacy policy and applicable la=
ws,
rules and regulations. You will make your privacy policy available wher=
ever
you collect personal information from your end users.
f. Microsoft Referential Trademark Use Guidelines. You may u=
se
Microsoft’s corporate name, technology names and trademarks in pl=
ain
text to refer to Microsoft and its technology and services. This right =
does
not include the right to use our logos, trade dress, designs or word ma=
rks
in stylized form. Your use of our trademarks must be accurate. Yo=
ur
use cannot be likely to cause confusion about the source of your soluti=
ons
or your relationship with Microsoft. For more information, see our usage
guidelines located at http://www.microsoft.com/mscorp/ip/=
trademarks.
g. Non-Microsoft Services. Nothing in this contract restricts
you from supporting, promoting, distributing or using non-Microsoft
technology, services or products.
h. Compliance. You must comply with all applicable laws, rules and
regulations, including data protection laws, privacy laws, e-mail and f=
ax
marketing laws. You will not market and distribute solutions that
will cause your end users or you to use the solutions and the service in
ways that violate the law or the Microsoft Service Agreement. For examp=
le,
your solutions will not
• use the service in any way that is against the law or harms
Microsoft or its affiliates, customers, resellers, distributors and/or
vendors,
• damage, disable, overburden or impair the service (or the
networks connected to the service) or interfere with anyone’s use=
and
enjoyment of the service,
• use any portion of the service as a destination linked from
any unsolicited bulk messages or unsolicited commercial messages
(“spam”),
• upload, post, e-mail or otherwise make available any conte=
nt
that
i. incites, advocates, or expresses pornography, obscenity, vulgar=
ity,
profanity, hatred, bigotry, racism, or gratuitous violence,
ii. is intended to threaten, stalk, defame, defraud, degrade,
victimize, or intimidate an individual or group of individuals for any
reason, including on the basis of age, gender, disability, ethnicity, s=
exual
orientation, race, or religion, or to incite or encourage anyone else t=
o do
so, or
iii. is illegal or violates any laws, including laws related to ad=
ult
activities and content, child pornography, criminal activities,
piracy and counterfeiting, gambling, drugs, online pharmacies, copyright
and other intellectual property laws, defamation, libel and rights of
privacy, or
• use the service to facilitate the sale, marketing,
distribution or advertising of
i. illegal gambling (including online casinos, sports books, bingo=
and
poker),
ii. illicit drugs, pharmaceuticals or controlled substances,
iii. counterfeit, pirated or stolen goods,
iv. goods that are considered indecent, obscene or pornographic,
v. Nazi memorabilia,
vi. registered or unregistered securities, or
vii. any goods or services that if sold via your solutions and the
service would cause Microsoft, you or your end users to violate any laws
and regulations.
At Microsoft’s request, you agree to conduct an internal audit at
your cost and expense to evaluate your compliance with applicable laws.=
You
agree to share the results of the audit with Microsoft.
3. LISTING. To apply to post a listing about your solutions on the
marketplace, complete the information for the Microsoft Partner Solution
Profiler at https://partner.microsoft.com
(the “solution profiler”).
a. License Grant. You grant to Microsoft a worldwide right during =
the
term of this contract to copy, modify, distribute, transmit and publicly
display the listing, including the right to sublicense these rights, to=
• display the listing on the marketplace and through the
solution profiler,
• promote your solutions as part of the marketplace and the
solution profiler in print and other media, and
• promote your solutions within all Microsoft products and
services.
b. Your listing. Microsoft may edit the listing for style, length =
and
to correct any mistakes. You may modify your listing through the soluti=
on
profiler. Microsoft is not obligated to accept your listing and may rem=
ove
your listing at any time for any reason. You understand that Microsoft =
may
display listings for other solutions that are similar or competitive to
your solutions. We reserve discretion to display your listing in =
any
order or arrangement on the Office Live Marketplace.
c. Jump page. You must create a unique Web page that’s
hosted on your servers and to which the marketplace provider directory =
can
send visitors that click on your listing (the “jump
page”). The jump page must describe your solutions, includi=
ng
pricing, use and support instructions. The jump page must not con=
tain
illegal or unsuitable content.
4. RESERVATION OF RIGHTS. Microsoft reserves all rights not
expressly granted in this agreement. No additional rights (includ=
ing
any implied licenses) are granted by implication, estoppel or
otherwise.
5. CHANGES; TERMINATION.
a. Changes. Microsoft reserves the right to modify this contract at
any time without notice. If we make a material change to this
contract, we will notify you at least 30 days before the change takes
place. For updates or changes that we do not provide to you throu=
gh
written notice, you are responsible for checking this contract for chan=
ges
from time to time. The contract will be posted at https://partner.microsoft.com/officelive. =
; We
also have the right to change or discontinue the program or any aspect =
of
it at any time. We will notify you at least 30 days before any
material program change. If you do not agree with any change we m=
ake,
you may terminate this contract under section 5 (c).
b. Termination By Microsoft. Microsoft may terminate this contract=
at
any time without notice.
c. Termination By You. You may terminate this contract by
removing your listing from the solution profiler and providing notice to
Microsoft at olmrkt@officelive.microsoft.com.
d. Effect of Termination. You will continue providing support to y=
our
end users for your solution, unless your solution violates the terms of
this contract or applicable laws, rules or regulations, in which case y=
ou
agree that you will remedy the solution or cease distributing it to your
end users.
e. Survival. Sections 4, 5(d), 5 (e), 6, 7, 8, 9, 10, 11 and=
12
survive termination of this contract.
6. FEEDBACK. You do not have to give Microsoft any feedback
about the developer guide, program, service or marketplace. If you
do, Microsoft may incorporate it into the developer guide, program, ser=
vice
and marketplace and allow others to use and commercialize it. You
will not give Microsoft any feedback that you do not have the right to =
give
under these terms.
7. REPRESENTATIONS AND WARRANTIES.
a. Performance Warranty. You represent, warrant and covenant
that
• you will perform your obligations under this contract in a
professional, workmanlike manner, and in accordance with industry
standards, laws, rules and regulations;
• your solutions will conform with industry standards and all
documentation and materials that you provide about them;
• you will provide support for your solutions to your end us=
ers
in accordance with industry standards;
• your solutions will not violate any copyright, trademark,
patent, trade secret, moral rights, right of publicity, authors’
rights, or any other intellectual property rights of any third party; a=
nd
• your solutions will comply with all applicable laws, rules=
and
regulations and the Microsoft Service Agreement.
b. No Pass-Through Warranty. You do not have the right to ma=
ke
or pass on, and will take all measures necessary to ensure that neither=
you
nor any of your resellers, agents, affiliates or employees make or pass=
on
any express or implied warranty, condition or covenant from Microsoft to
your end users with respect to your solutions or the service.
8. DISCLAIMER OF WARRANTIES. The developer guide, the servic=
e,
the marketplace and all other Microsoft services and deliverables under
this contract are provided “AS IS.” You bear the risk of us=
ing
them. Microsoft and its affiliates, customers, resellers, distributors
and/or vendors give no express warranties, guarantees or conditions,
including that your solutions will work with current or later releases =
of
the service. You may have additional rights under your local laws that =
this
contract cannot change. To the extent permitted by law, Microsoft and i=
ts
affiliates, customers, resellers, distributors and/or vendors exclude a=
ny
implied warranties or conditions, including those of merchantability,
fitness for a particular purpose, workmanlike effort, non-infringement =
and
satisfactory quality.
9. INDEMNIFICATION. You agree to defend, indemnify and hold
Microsoft and its affiliates, customers, resellers, distributors and/or
vendors harmless from and against any and all claims, losses, liability,
costs and expenses (including attorneys' fees) arising from or related =
to
• any breach of this contract that results in a claim;
• any representations and warranties that you make about your
solutions and the service; and
• any virus introduced by you to the service or your solutio=
ns.
10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can
recover from Microsoft and its affiliates only direct damages up to U.S.
$5.00. To the extent permitted by law, you cannot recover any other
damages, including consequential, lost profits, special, indirect or
incidental damages from Microsoft and its affiliates, customers, resell=
ers,
distributors and/or vendors. This limitation applies to
• any matter related to the service, the program, the
marketplace and the developer guide, and
• claims for breach of contract, breach of warranty, guarant=
ee
or condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if this remedy does not fully compensate you for a=
ny
losses, or fails of its essential purpose, or Microsoft knew or should =
have
known about the possibility of the damages.
Some states and countries do not allow the exclusion or limitation of i=
ncidental
or consequential damages, so the above limitations or exclusions may not
apply to you.
11. EXCLUSIVE REMEDY. If you have any dispute or claim
about any matter related to or arising from this contract, to the extent
permitted by law, your only remedy is to terminate this contract.
12. GENERAL.
a. Notices. This contract is in electronic form. You agree that
Microsoft can contact you by electronic mail to provide notices about t=
he
program or this contract. E-mail notices will be deemed given and recei=
ved
on the transmission date. If you do not consent to receive notices
electronically, you should not participate in this program.
b. No technology transfer arrangement. This contract does not crea=
te a
“technology transfer” agreement, as defined by applicable l=
aw
because (a) the technology (including any licensed software) made avail=
able
under the program is not an integrated part of a technology chain for
production or management purposes and (b) the technology (including any
licensed software) will have its own technology license. You will not h=
old
yourself out as our technology recipient and will not attempt to identi=
fy
us as a technology provider under this contract.
c. Publicity. You will not issue any press release or other
publicity related to this contract or the program without Microsoft's
written consent
d. Microsoft Company, Applicable Law and Place for Resolving
Disputes. This contract is between you and the Microsoft company =
for
your country. In the table below, select the country where your
business is located. The middle row lists the Microsoft company t=
hat
is contracting with you. The row on the right provides the choice of law
and the location for resolving disputes.
Country Microsoft company Law; jurisdiction
Canada
Brazil
Mexico
United States
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052 Washington state law governs the interpretation =
of
this contract and applies to claims for breach of it, regardless of
conflict of laws principles. You and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts in King
County, Washington, USA for all disputes arising out of or relating to =
this
contract.
Denmark
Finland
France
Germany
Italy
Netherlands
Norway
Spain
Sweden
Switzerland
United Kingdom
Microsoft Ireland Operations Limited
The Atrium, Block B
Carmenhall Road
Sandyford Industrial Estate
Dublin 18
Ireland
The laws of Ireland govern the interpretation of this contract and
apply to claims for breach of, regardless of conflict of laws principle=
s.
You and we irrevocably agree to the exclusive jurisdiction and venue of=
the
Irish courts for all disputes arising out of or relating to this contra=
ct.
Japan Microsoft Company Ltd (MSKK)
Odakyu Southern Tower, 2-2-1
Yoyogi, Shubuya-ku,
Tokyo 151-8583
Japan
The laws of Japan govern this contract and any matters arising ou=
t of
or relating to this contract. You and we irrevocably agree that exclusi=
ve
jurisdiction and venue will lie in the Tokyo District Court.
Australia
Singapore
Thailand
Microsoft Operations, Pte Ltd
1 Marina Boulevard
#22-01 One Marina Blvd
Singapore 01898 The laws of Singapore govern this contract. =
You
and we irrevocably agree to the exclusive jurisdiction and venue of the
Singapore courts for all disputes arising out of or relating to this
contract.
India Microsoft Regional Sales Corp
A corporation organized under the laws of the State of Nevada, USA, wit=
h a
branch in Singapore, having its principal place of business at
438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark
Singapore, 119968 Washington state law governs this contract,
regardless of conflict of laws principles. Any dispute aris=
ing
out of or in connection with this agreement, including any question
regarding its existence, validity or termination shall be referred to a=
nd
finally resolved by arbitration in Singapore in accordance with the
Arbitration Rules of the Singapore International Arbitration Center, wh=
ich
rules are deemed to be incorporated by reference into this clause. The
Tribunal shall consist of one arbitrator to be appointed by the Chairma=
n of
SIAC. The language of arbitration shall be English. The decision of the
arbitrator shall be final, binding and incontestable and may be used as=
a
basis for judgment thereon in India or elsewhere.
Republic of Korea
Microsoft Korea, Inc.
POSCO Bldg
8th Floor
892 Daechi 4-Dong
Kangnam-Gu
Seoul, Korea 135-777 The laws of the Republic of Korea govern this
contract. You and we irrevocably agree to exclusive original jurisdicti=
on
and venue in the Seoul District Court.
e. Independent Contractors. Even though we might call you a
‘partner,’ we each are acting as independent contractors.
Nothing in this contract will be construed as creating a joint venture,
partnership, employment, franchise, agency or any other relationship
between us.
f. Independent Development. Nothing in this contract will be
construed as restricting Microsoft’s ability to acquire, license,
develop, manufacture or distribute for itself, or have others acquire,
license, develop, manufacture or distribute for Microsoft, any material,
product, service, or technology that is similar to your solutions.
g. No Assignment. You may not assign this contract without written
consent from Microsoft. Any attempt to assign it without
Microsoft’s consent will be void.
h. Contract Interpretation. If any section of this contract is hel=
d to
be unenforceable, it should be replaced by an enforceable section that
matches the intent of the original section as closely as possible. The =
rest
of the contract will continue in full force and effect. Except as
expressly stated in this contract, it is the entire contract between
Microsoft and you with respect to its subject matter. It supersed=
es
all prior or contemporaneous communications and proposals, whether elec=
tronic,
oral or written, between you and Microsoft.
ACCEPTANCE. If you agree to this contract, sign it below and fax it to
(425) 708-0179. By doing so, you agree to be bound by this contract.&nb=
sp;
Include a fax cover sheet with your name, phone number and e-mail. =
;
Name:__S
Rushinek_______________ Signature:__________________________=
_
print
Company: _1(888)OnAFree.com 4 Office Live Date:
______8/28/2007________________
E-mail: ____s.rushinek@miami.edu=
___ Phone:
_____(305)666-7890____________
|