on-line MARKETING SERVICES – ADDITIONAL TERMS AND CONDITIONS

For any Splash100.com on-line marketing services (the “on-line Marketing Services”), along with the Service Agreements and additional terms and conditions located at www.Splash100.com/legal, the following additional terms and conditions also apply (collectively, the “Agreement”):

Splash100.com will provide Customer with certain on-line Marketing Services (the “Services”) including, but not limited to, one or more of the following depending on which Services are selected by Customer in the related order process (the “Order Process”): Search Engine Submissions, Display Advertisements, Pay Per Click Advertising, Visibility on-line, E-mail Marketing, Social Network and/or SEO services. These Services are more fully described on the Web page . www.Splash100.com/Marketing

In addition to the other obligations of Customer contained in the Agreement, Customer expressly acknowledges and agrees that Customer will not utilize the Services in any manner that would violate the Splash100.com Acceptable Use Policy.

For Services involving on-line advertisements, positioning of Services or related advertisements is at the sole discretion of Splash100.com and/or Splash100.com’s service partners (the “Service Partners”). Moreover, the on-line advertisements are subject to the approval of Splash100.com and its Service Partners. Splash100.com and it’s Service Partners reserve the right to reject, cancel, modify or remove, without notice to Customer, any advertisement, or related keyword, webpage, link, space reservation, position commitment or any element thereof, at any time, for any reason whatsoever in its sole discretion (including belief by Splash100.com or its Service Partners that such advertisement, keyword, etc., may subject Splash100.com or its Service Partners to any criminal or civil liability). Customer hereby grants to Splash100.com and its Service Partners a non-exclusive, worldwide, fully paid license to use, reproduce and display any advertisement (and the contents, trademarks and brand features contained therein) in accordance herewith. As between Customer and Splash100.com, all materials, information, and other content provided by Customer to Splash100.com for fulfillment of Services shall remain the sole and exclusive property of Customer. However, all rights pertaining to any advertisement created by Splash100.com, whether now or hereafter existing, are reserved by Splash100.com.

1. For Services involving on-line advertisements, in the event that Splash100.comor the Service Partners fail to publish an advertisement in accordance any specified schedule
2. Fail to deliver any guaranteed advertising within the specified time frame
3. Fail to deliver a specified number of total page views by the end of a specified period
4. Of any other failure, technical or otherwise, of any advertisement to appear as expressly provided by Splash100.com, the sole liability of Splash100.com and the Service Partners to Customer shall be limited to, at the sole discretion of Splash100.com and/or the Service Partners,
   1. a pro rata refund of the advertising fee representing undelivered page views
   2. rollover of the guaranteed advertising into a subsequent time frame
   3. placement of the advertisement at a later time in a comparable position
   4. extension of the term of the Agreement until total page views are delivered.

For Services involving on-line advertisements, such advertisements or other promotional materials or content are accepted by Splash100.com and its Service Partners upon the representation that Customer has the right to publish the contents of the advertisement or promotional materials or content without infringing the rights of any third party and without violating any law. As such, Customer agrees, at its own expense, to indemnify, defend and hold harmless Splash100.com and its Service Partners, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorneys’ fees and costs) incurred by Splash100.com and its Service Partners in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of publication of the advertisement and/or any material, product or service of Customer to which users can link through the advertisement or promotional materials/content (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).

If the Services involve any e-mail marketing, Customer acknowledges and agrees that Customer will only use the Services to send emails to customers and prospects that have directly consented to receive email from them (the “opt-in method”). Customer is prohibited from transmitting unsolicited commercial email (“Spam”) via the Services. Customer agrees not to use the Services to send Spam or any other type of unsolicited email or that would otherwise violate the Splash100.com Acceptable Use Policy. For any list of email addresses provided by the Customer, Customer agrees to provide Splash100.com with the source of the email addresses, the method used to capture the data, and verification of the consent to receive emails from any such customer or prospect. Customer further certifies that Customer will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any other method than the opt-in method. Customer will be solely and completely responsible for any of these aforementioned acts committed by Customer in relation to Customer’s use of the Services.

All phone numbers associated with the Splash100.com are acquired by Splash100.com or its Service Partners on behalf of Customer and as such, are registered to and are controlled exclusively by Splash100.com. Customer acknowledges that they have no claim of ownership or claim of use as it relates to each phone number.

Splash100.com and the Service Partners make no guarantees with respect to usage statistics or levels of impressions for any Services provided. Customer acknowledges that delivery statistics provided by Splash100.com’s Service Partners will be the official, definitive measurements of such Service Partners’ performance on any expressly stated delivery obligations.