If Distributor has purchased PondDaddy™ Retail Pond Dealer System as indicated on The AquaVet Planogram Sell Sheet (see Attachment, Quote ID Plan A or B, this Web Application License Agreement is effective immediately (“Effective Purchase Date”) and incorporated into the PondDaddy™ License and Services Agreement between the parties dated as of date herewith (the “Agreement”).
All capitalized terms used herein will have the meanings given to them pursuant to the Agreement unless otherwise set forth herein.
1. Definitions 1.1 “Durvet Community” means Distributors and the Retail Dealers they serve.
1.2 “Web Application” is an Internet-based browser user interface which is created and derived from Sea 7 Technologies Inc. (“SEA 7”).
2. Grant of Web Application License
Subject to the terms and conditions below, Sea 7 grants to Distributor:
(a) The right to Sub-license PondDaddy™ to its’ (“Dealers”) and,
(b) Enable the Distributor Sales Rep to access and use the Web Application for educating, promoting and generating pond product sales (collectively the “Web Application License”). For the avoidance of doubt, the Web Application License grant is limited to those Dealers who have purchased The AquaVet Planogram and agree to Exclusively represent AquaVet products for the purpose of pond care. Dealers will NOT be able to sell competing pond mgt systems or products utilizing this system.
3. Web Application License Terms and Conditions
The following terms and conditions apply to the Web Application License:
(a) Sea 7 agrees to send registration link within 7 days of receipt of invite.
(b) Sea 7 agrees not to share our intellectual property with competing distributors unless there is written explanation prior and that decision is absolutely necessary due to a lack of market penetration. 1st Distributor has 30 day right of refusal.
(c) Sea 7 agrees that it will NOT sell its’ product or services direct to pond owners but will only offer this program through its’ distributor licensees as well as the retail dealers (Sub-licensee). , “Powered by PondDaddy™.
(d) Distributor and its sales agents agree not to permit access or use of the Web Application to any person or entity not licensed herein, including, without limitation, any commercial enterprise;
(e) Distributor and its’ sales agents shall grant its’ sub-licensee (“Dealers) access to the Web Application upon receiving commitment and purchase of The AquaVet planogram;
(f) Distributor and its sales agents shall follow currently accepted information technology best practices for keeping the Web Application secure and preserve the built in security features of the web based application;
(g) Distributor and its’ sales agents shall protect all password and user key information and monitor the Web Application to ensure that only Sub-Licensee’s access the Web Application. Without limitation, Distributor shall require any persons accessing the Web Application to create and register a username and password in order to verify they are members of the PondDaddy™ retail community.
4. Rights Reserved by Sea 7
Sea 7 has the right to revoke licensing for breach of any of the above terms and conditions. Our goal is to support our distribution partners and aid in the sales of Aquavet products and services while offering the latest in Aquatic mgt technologies.
Distributor, its’ Dealers (sub-Licensees) and Sea 7 jointly assume the risk and performance of the Web Application and integrity of any data therein. Distributors, its’ Dealers (sub-Licensees) and Sea 7 agree to indemnify and hold each other harmless, from any claim, action, liability, loss, damage, or suit arising from the existence or anyone’s use or inability to use the Web Application. In the event of any asserted claim, both parties shall provide one another reasonable and timely written notice of the same, and thereafter each party shall at its own expense defend, protect, and hold each other harmless.
6. Web Application License Term and Termination & Renewal. The term of this Web Application License Agreement begins on the Effective Date and continues for twelve (12) months, unless terminated earlier in accordance with this Section 6. The Web Application License Agreement will automatically renew as provided in the Agreement. Notwithstanding the foregoing, the Web Application License Agreement will automatically terminate upon the expiration or termination of the Agreement for any reason.
6.1 Termination. Distributor may terminate this Web Application License Agreement by giving Sea 7 at least thirty (30) days’ notice of termination. Sea 7 may terminate this Web Application License Agreement immediately upon written notice to Distributor, with or without cause. Breach of this Web Application License Agreement will be deemed a breach of the Agreement and all invoices due for licensing will become payable immediately.
This website-application is owned and operated by Sea 7 Technologies, Inc. and is created & formed for the specific purpose of providing a licensed app-tool for its distributors and dealers. Please read this agreement in its' entirety before accessing this website. By accessing the site, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, do NOT access or use this site. Access to this site is provided to Sea 7 Distribution Licensed partners and the Licensed dealers they serve with secure, password protected access.
Liability -Warranty- Disclaimer
The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST ASSETS or PROFITS that result from the use or inability to use the web site and/or any other web sites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member on any information obtained via the web site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.
Some of the information, articles and other materials available through this site are provided to Sea 7 Technologies, Inc. by third-parties, including third-party news and Aquatic mgt. suppliers and services. Wherever practical, the source of this third-party information is cited. This third-party information is provided for your interest and convenience only. Sea 7 Technologies, Inc. makes NO warranty or representation that this information is current, accurate, complete or reliable. Sea 7 Technologies, Inc. does not hold any responsibility for any use to which third-party information is shared or used.
All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of Sea 7 Technologies, Inc., one of its affiliates, or third-parties who have licensed their trademarks to Sea 7 Technologies, Inc. or one of its affiliates.
Except, as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any trademark without first obtaining Sea 7 Technologies, Inc. written permission.
Sea 7 makes every effort to ensure that the information provided is accurate. However, certain protocols, policies, and other matters contained in this website are subject to change at any time by the action of Sea 7 Technologies, Inc.
The Copyright in this website is the property of Sea 7 Technologies, Inc. unless otherwise indicated.
Links to Other Web sites
This site contains hyperlinks to products and web sites that are not operated by Sea 7 Technologies, Inc. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Sea 7 Technologies, Inc. does not control these web sites and is not responsible for their contents. Your access and use of these web sites is solely at your own risk. Information is always Subject to Change. Any information on this web site may include errors.
*The Treatment recommendations in this software are not intended to replace each products label instructions. Carefully read each label and follow the user instructions.
Some states have special restrictions on the use of aquatic algaecides and algaecides. Therefore, contact your local Sea 7 –PondDaddy Salesperson in states that may have restrictions to determine eligibility of certain products. Only EPA registered pesticide products are of concern. All other PondDaddy products are legal in all 50 states. Consult with appropriate state or local water authorities before making application of these products. Some states may require a RUP License to sell or an aquatic permit, notification before application, or have other conditions of use.
Licensed WebApp - Users
Sea 7 Technologies, Inc. collects a variety of identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each licensee's request. Sea 7's purpose in collecting non-personally identifying information is to better understand how its' visitors use its website. From time to time, Sea 7 may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Sea 7 also collects personally-identifying information as part of its service agreement with Licensee's as well as there dealers and the customers that agree to have it used.. Sea 7 tracks and identifies its license users and licensed dealers for several key initiatives outlined in separate License agreement.
Gathering of Personally-Identifying Information
Licensed visitors to Sea 7’s website choose to interact with Sea 7 in ways that require Sea 7 to gather personally-identifying information. The amount and type of information that Sea 7 gathers depends on the nature of the interaction. For example, we ask our licensees and dealer sub-licensees and there customers (pond owners) who sign up for a blog or to receive additional information to provide an email address or other relevant contact information. Those who engage in transactions with Sea 7 – by purchasing access to our products through our distributor licensee's and there sub-licensed dealers, for example – are asked to provide additional information, including as necessary the personal information required to process those requests. In each case, Sea 7 collects such information only insofar as is necessary or appropriate to fulfill the purpose of the customers interaction with Sea 7 Licensed Distributors and the sub-licensed dealers. Sea 7 does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Sea 7 may collect statistics about the behavior of its visitors to its websites. For instance, Sea 7 may monitor the most common issues pond owners are facing on our site or use spam screened by the spam filter service to help identify spam. Sea7 may display this information publicly or provide it to others. However, Sea 7 does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Sea 7 discloses potentially personally-identifying and personally-identifying information only to those of its employees, licensee's, sub-licensed dealers and affiliated organizations that (i) need to know that information in order to process it on behalf of Sea 7 or to provide services available only at Sea 7, and (ii) that have agreed not to disclose it to others. Some of those employees, licensee's and affiliated dealers may have access to this information but only for the express purpose of fulfilling the required customer need involving there property (pond or lake); by using Sea 7’s website, you consent to the transfer of such information to them. Sea 7 will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, licensee's and sub-licensed dealers and affiliated organizations, as described above, Sea 7 discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Sea 7 believes in good faith that disclosure is reasonably necessary to protect the property or rights of Sea 7, third parties or the public at large. If you are a registered user of an Sea 7 website and have supplied your email address, Sea 7 may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Sea 7 and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Sea 7 takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information. This site is NOT open to the public and is intended only for use with Licensed distributors and sub-licensed affiliates (dealers).
If Sea 7, or substantially all of its assets, were acquired, or in the unlikely event that Sea 7 goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Sea 7 may continue to use your personal information as set forth in this policy.
Comments and other content submitted to our anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.