We’re all about keeping it real.
We tried to keep things as simple as possible, but if you have any questions, feel free to shoot us an email at email@example.com.
Just so we are clear who we are talking about, in this Agreement, when we say “you,” “your,” and “Affiliate”, we mean the person who registered for and is the recipient of benefits of participation in the Media Temple Affiliate Program. When we say “we,” “our,” “us,” “Provider,” “(mt)” and “Media Temple,” we mean Media Temple, Inc.
There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as professional services, software development, or web development. The following agreements are incorporated into this Agreement by reference: Media Temple Terms of Service Forum Usage Policy and the Beta Participation Agreement. We may also offer or provide services from time to time through third parties that are governed by the terms and conditions of the respective service providers. Those terms and conditions are either referenced in this Agreement, below, or will be made available to you at the time of your purchase of the particular service. By using that service, you agree to be further bound by any rules that are applicable to Media Temple with respect to those service providers.
This Agreement may only be modified or supplemented by Media Temple, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Services, immediately close your account(s) and cease participation in the Affiliate Program. We’ll miss you, but we’ll understand. Your continued use of the Service and/or participation in the Affiliate Program after Media Temple’s posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Media Temple. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.
You have a choice. It’s OK if you don’t want to agree to this Agreement and not participate in the Affiliate Program, but please understand that by applying to and participating in the Affiliate Program, you completely and unconditionally agree to be bound by all of the terms of this Agreement.
For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:
(a) In order to participate, there are some general rules that apply.
(a) When applying, please don’t tell us lies or give us fake info.
When you apply for participation in the Affiliate Program, you will be required to provide the data required in the Affiliate Program online application form (“Registration Data”). In providing the Registration Data, you warrant and represent that: (i) the information you are providing about yourself is true, complete, current and accurate; (ii) if we approve your application to participate in the Affiliate Program, you will maintain and promptly update the Registration Data to keep it true, complete, current and accurate and (iii) you are of 18 years of age, or of legal age in your country, and free to enter into this Agreement. If at anytime we discover or have reason to suspect that the Registration Data you provided us is untrue, incomplete, not current or inaccurate, or if we discover or are otherwise made aware that you are not at least 18 years of age or of legal age in your country, we will terminate your (mt) Affiliate Account with immediate effect and without prior or further notice. In any such case, any unpaid Affiliate Commission will be forfeited. If Media Temple approves your application for participation in the Affiliate Program, we will create an Affiliate Account for you and send you notification and additional information concerning the approval and next steps.
(a) Protect your Affiliate Account password like you would your wallet.
You are solely responsible for maintaining the security and confidentiality of the login credentials used to access your Affiliate Account and all actions that take place under your Affiliate Account will be considered done by you. In no event shall Media Temple be held liable to Affiliate, or any other person, firm, entity or party, in any case where the Affiliate Account is hacked or otherwise accessed by an unauthorized person, firm, entity or party. Affiliate agrees to assume all liability for any unauthorized access to the Affiliate Account.
(a) Here’s the breakdown on the Affiliate Commission:
|Hosting Service Sold||1-5 sales/mo||6-15 sales/mo||16-25 sales/mo||26+ sales/mo|
|Grid-Service||$50||$80 /sale||$100 /sale||$110 /sale|
|DV & DV Developer Up to Level 3||$50||$130 /sale||$140 /sale||$150 /sale|
|DV & DV Developer Level 4 and up||$50||$210 /sale||$220 /sale||$230 /sale|
(b) To be eligible for the Affiliate Commission, the following conditions must be met:
Eligibility for Affiliate Commission is subject to verification by Media Temple. All decisions as to whether an Affiliate Commission was Earned will be made at Media Temple’s sole discretion, and are final.
(c) The following restrictions apply to the Affiliate Commission:
(d) Where applicable, the following will be deducted from the Affiliate Commission:
(e) Credit goes to whoever’s Affiliate Link was last clicked.
If the Lead you refer to Media Temple navigates to our Website via the link of another Affiliate, and, according to our records and logs, purchases Service via the other Affiliate’s link (i.e. becomes a “Referred Customer”), the other affiliate, not you, will be credited with any applicable Affiliate Commission earned. In other words, whoever’s link the Referred Customer clicked on last is the Affiliate that will be credited with any applicable Affiliate Commission. For sake of reference, this situation could be the result of a variety of circumstances, including, but not limited to, the Lead having navigated to our Website from a coupon code website operated by a person who is also a Media Temple Affiliate.
(a) A word (well, actually, several words) about payment of the Affiliate Commission.
(b) As far as payment of Affiliate Commission is concerned, it is your responsibility to:
(c) We may withhold, delay, refuse or reverse an Affiliate Commision payment if:
(a) You can’t do any of the stuff on this list:
(a) Advertising with Banners and Text Code
Affiliates may, and are encouraged to, use the Media Temple-approved banners and ad text code found in the Media Temple Affiliate Center. Alternatively, Affiliates may create their own banners and links. If use of any Media Temple intellectual property is desired, Affiliate must first obtain written authorization from Media Temple and any use must be in accordance with the terms of this Agreement. The ability to include Media Temple approved banners and ad text code (as found in the Media Temple Affiliate Center) is provided only as a convenience. Any other banner, link or other Content you chose to use in connection with your participation in the Affiliate Program does not imply any affiliation, endorsement or adoption by Media Temple of the banner, link, Content or website associated with the banner, link or Content, nor does it indicate that such Content complies with the terms of this Agreement. Affiliates are solely responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links we provide is the sole responsibility of the Affiliate. No Affiliate Commission will be paid for tracking errors of any kind, including, without limitation, any tracking errors caused by Affiliate’s editing, masking or tampering with links.
(b) The FTC has some rules you have to follow with regard to advertising.
Affiliates are required to comply with all Federal Trade Affiliate Commissions regulations related to advertising, including, without limitation, Federal Trade Affiliate Commission 16 CFR 255, which, in part, requires that material connections between advertisers and endorsers be disclosed. Essentially, directories, blogs and other websites, email or other collateral that purport to provide an endorsement or assessment of an advertiser (in this case, Media Temple) must prominently disclose the fact financial or in-kind compensation is provided from the advertiser. If you want more information, please visit the FTC’s website here and here. Please note that the FTC guides and this summary of such information do not constitute legal advice. You should obtain legal advice on how the FTC guides apply to you.
(a) We're going to send you stuff, and you can send us stuff, too.
You consent to receive electronic communications (email) from Media Temple concerning your participation in the Affiliate Program (“Communications”). The Communications may be those that Media Temple is required to send to you by law concerning the Services (“Required Communications”). The Communications may also be those that Media Temple sends to you for other reasons. Media Temple may provide these Communications to you by sending an email to the email address Media Temple has on file for the Affiliate Account or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the Affiliate Account, though we are not obligated to use these mediums to send Communications to you. You may change the email, postal address or telephone number Media Temple has on file for the Affiliate Account through the online account interface (for instructions, click here). Any notice Customer wishes to send Media Temple must be in writing via email to firstname.lastname@example.org
(b) We're not responsible if the stuff we try to send you doesn't reach you.
Media Temple is not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful or otherwise failed efforts to send any Communications or Required Communications to you or any other person or party.
(a) Don't ignore us. That's just rude.
To avoid suspension or termination of the Affiliate Account, you are required to act in accordance with the terms of any of the Communications or Required Communications we may send to you, within the time-frame specified in such communications. If we make three or more attempts to reach you concerning any matter that requires your attention or action, and we do not receive a response from you within 24 hours of any third attempt, in our sole discretion, we may suspend or close the Affiliate Account without prior notice.
(a) If you want, you can stop participating in the Affiliate Program.
This Agreement shall be effective as long as our records indicate that you are actively participating in the Affiliate Program. You may terminate your participation in the Affiliate Program at any time by submitting a request to do so via email at email@example.com.
(a) We may terminate your participation in the Affiliate Program.
Media Temple may, in its sole and absolute discretion, deactivate any Affiliate Account and terminate this Agreement, without warning or notice, if: (i) Media Temple records indicate the Affiliate Account has or is generating a large number of fraudulent hosting accounts; (ii) Media Temple records indicate Affiliate is reselling the hosting services; (iii) Media Temple becomes aware that Affiliate is using false or misleading advertising to attract sign-ups; (iv) Media Temple has reasonable suspicion to believe that the Affiliate Account is being used to or is associated with fraudulent activities or conduct that we believe either directly or indirectly has the potential to be harmful to other affiliates, Media Temple, or its subsidiaries, affiliates, business contractors or other third parties; (v) Media Temple is made aware of or has reasonable suspicion to believe that Affiliate is engaged in any conduct that violates any local, state, federal or other law; (vi) Media Temple determines that the Affiliate is no longer active and has terminated their participation in the Affiliate Program (usually based on the Affiliate having not logged into the Affiliate Account in over one year); (vi) Affiliate fails to comply with any provision of this Agreement; and (vii) you fail to complete and return to Media Temple form W-9 following ninety days of earning Affiliate Commission. Notwithstanding the foregoing, Media Temple may, in its sole and absolute discretion, deactivate any Affiliate Account and terminate this Agreement, for any reason or no reason, without warning or notice.
(a) The effects of termination of your participation in the Affiliate Program.
Upon any termination of your participation in the Affiliate Program: (i) this Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) the Affiliate Account will be deactivated and your ability to access to the Affiliate Account will cease immediately; (iii) any unpaid Affiliate Commission will be forfeit. You agree to hold Media Temple harmless from and against any and all claims, losses or damages arising from any termination of your participation in the Affiliate Program. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive termination or otherwise continue to remain in full force and effect even after termination. You are not permitted to access the Affiliate Account following any termination.
(a) You’re responsible for all of the content you provide or give to people.
We’re not responsible for any of the Content you post or make available in connection with your participation in the Affiliate Program; you are. You, not Media Temple, agree to assume all responsibility for and risk associated with all Content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Affiliate Program, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such Content. You warrant and represent that you possesses all legal right to, or have obtained all necessary permissions to use any and all Content you make available, use in connection with or provide to Media Temple in connection with your participation in the Affiliate Program, and none of the Content you make available, use in connection with or provide to Media Temple in connection with your participation in the Affiliate Program infringes on any right of any person, firm, entity or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to Media Temple, and Media Temple shall have no responsibility, whatsoever, with regard to it. Media Temple’s publication of material submitted by Customer does not create any express or implied approval by Media Temple of such material, nor does it indicate that such material complies with the terms of this Agreement.
(a) Please, don’t steal our stuff. Thanks, The Management.
The Media Temple Website, including all text, HTML, scripts, and images are copyright 1998-2013. All rights reserved. With the exception of the use of designated promotional materials for the purpose of encouraging third parties to use the Service (i.e. the Media Temple Affiliate Program [http://mediatemple.net/partners/affiliates] and the Media Temple Referral Program [http://mediatemple.net/partners/referrals]), any replication, modification, or copy of any part of this Website without the prior, written consent of Media Temple is prohibited. This notice applies to site visitors, customers, non-customers, affiliates, and resellers of Media Temple. Media Temple is a mark of Media Temple, Inc. "Media Temple", "(mt)", "Web Control Panel", “DomainMover”, “OttoMove”, “OttoCare”, “OttoTune”, “We host great ideas”, “Hosting Great Ideas”, “Virb” and the Media Temple and Virb graphic logo are all trademarks of Media Temple. All other trademarks are the property of their respective owners. Media Temple marks may only be used with the express advance written permission of Media Temple and, in any event, may never be used to (i) promote or otherwise market competitive products or services; or (ii) disparage Media Temple, its products or services, or in any manner which in our judgment may diminish or otherwise damage the goodwill we’ve established in our marks. Except as expressly provided, nothing within any of the Service shall be construed as conferring any license under any of Media Temple or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Media Temple and the Service is protected by copyright, trademark, patent, or other proprietary rights of Media Temple and its affiliates, licensors and service providers.
(b) Please, don’t remove our branding. We worked hard on that!
Except as expressly provided to the contrary, you agree not to modify, alter, remove or deface any of the trademarks, service marks, or other intellectual property made available by Media Temple. You agree not to use any of the trademarks or service marks or other content accessible through Media Temple for any purpose other than the purpose for which such content is made available to customers by Media Temple. You may not use any of our marks as domain names.
(c) If you tell us about something cool we should do, you can’t take it back, and when we do it, we own it.
We’re constantly looking for new ways to improve our Service, our programs (e.g. Affiliate Program) and developing new products, services and features. Any information you send to Media Temple, including but not limited any ideas, remarks, suggestions, or prototypes (“Information”), shall immediately become the exclusive property of Media Temple and we are entitled to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances shall any dissemination of Information to Media Temple be subject to any obligation of confidentiality or expectation of compensation. By sending us Information, you are waiving any and all rights you may have in the Information.
Read this one! It’s really, really important:
(a) The Service is provided “as is” and our exposure to you is limited.
MEDIA TEMPLE SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER AND PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY AFFILIATE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
MEDIA TEMPLE’S SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDIA TEMPLE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL MEDIA TEMPLE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF MEDIA TEMPLE’S SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF MEDIA TEMPLE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MEDIA TEMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO MEDIA TEMPLE'S WEB HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND MEDIA TEMPLE, EVENTS BEYOND MEDIA TEMPLE'S REASONABLE CONTROL, THE NON-RECOGNITION OF THE MEDIA TEMPLE WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR WEB HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL MEDIA TEMPLE’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MEDIA TEMPLE FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, MEDIA TEMPLE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) You agree to have our back if and when “it” hits the fan.
Affiliate agrees to defend, indemnify and hold Media Temple and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Media Temple arising from or due to any claim, action, dispute or demand made by any third parties (including referrals of Affiliate) that are related to or arising out of Affiliate’s use of the Service, participation in the Affiliate Program or from your placement or transmission of any materials or Content onto Media Temple’s servers. Such liabilities may include, but are not limited to: (a) false advertising claims against Affiliate, (b) liability claims for products or services sold by Affiliate, (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including, but not limited to, violation of any section of this Agreement), or (f) any other damage arising from your equipment, your business, or your participation in the Affiliate Program.
(a) If something crazy happens that we have no control over, we’re not responsible.
Media Temple shall not be liable to Affiliate or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and/or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
(a) Our policy on providing information to law enforcement and government agencies.
It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Media Temple may, without notice to you or your consent, provide the information requested by such agency to that agency.
Any party’s failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.
(a) Our “relationship status.”
This Agreement is between you and Media Temple. The goal of our Affiliate Program and this Agreement is for you to refer Leads to Media Temple and for those Leads to become Referred Customers. You will have no relationship with the Referred Customer based on any services we provide the Referred Customer. Such relationship will be exclusively between the Referred Customer and Media Temple. In addition to the foregoing:
(a) Legal limitations and choice of venue for any dispute between us (knock on wood) is in Los Angeles County, California, United States of America.
This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Los Angeles County, California and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Media Temple, Inc. or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
(b) No jury here. If there’s a dispute, you agree to arbitration as follows:
By participating in the Affiliate Program, you agree to submit to binding arbitration. In the event any dispute or claim arises against Media Temple, such dispute or claim shall be handled by an arbitrator of Media Temple’s choosing selected from the American Arbitration Association or National Arbitration Forum in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of California apply to the dispute. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
(c) We can’t fight your battles for you.
In no event will Media Temple mediate any dispute or controversy arising between you and any third party. Media Temple is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) - such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.
(d) If you’re being shady, we may have to take you to court.
If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Media Temple, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us at firstname.lastname@example.org
(a) You can’t transfer your obligations or rights under this Agreement without our permission.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Media Temple’s prior written consent, which consent shall be at Media Temple’s sole discretion and without obligation; any such assignment or transfer shall be null and void. Media Temple is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
(a) The headings in this Agreement mean nothing, at all.
The headings in this Agreement are just for fun and to help you grasp the concepts. We worked hard on them, but legally all of the titles, headings, subheadings and bolded explanatory phrases used in this Agreement have no effect or bearing on the meaning of any section herein at all. Sad, huh?
(a) We just kept it all the way real with you. We hope it was a fun read.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between Media Temple and you, other than as explained or incorporated by referenced in the preamble of this Agreement.