ADVERTISING TERMS OF USE WAIVER

Who:  MKPUSA
What:  Communications & Marketing
Description:  Terms of Use regarding promotion via listing or distribution
NOTE: This information reproduced from the MKP USA Policy Directory: http://mkpconnect.org/policy/mkpusa-advertising-terms-use-waiver

1.    Welcome to MKP USA Broadcast Publicity

Thank you for using the Publicized Events Listing or Network Promotions Listing (the “MKP USA Ads”)
By using our Services, you agree to these terms (the “MKP USA Ad Terms”). If ever in conflict, to the extent of such conflict, the MKP USA Ad Terms will take precedence over any other terms of the Agreement.  Please read the Agreement carefully.

As used in the Agreement, “you” or “publisher” means the individual or entity using MKP USA Ads (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “MKP USA” means ManKind Project USA, and the “parties” means you and ManKind Project USA.

2.    Access to MKP USA Ads

Your use of MKP USA Ads is subject to your creation of an Ad listing.  We have the right to refuse or limit your access to MKP USA Ads.  Use of Network Promotion list is limited to those who have purchased a paid advertisement.

Only the Center Director (or equiv.) and one other man within a community are authorized to post to the MKP Promoted Event listing. See eligible posters here.

3.    Changes to our Services; Changes to the Agreement

On occasion, we change our Services. We may add or remove functionalities or features of MKP USA Ads at any time, and we may suspend or stop a Service altogether.

We may modify the Agreement at any time. We’ll post any modifications to the MKP USA Ad Terms on this page and any modifications to the Broadcast Advertising Policies or the ManKind Project USA Branding Guidelines on their respective pages. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services.

4.    Payments

There is no financial commitment for Publicized Event Listings, Next Level Training Listings, or Sponsored Event Listings.

Payments for MKP Network Promotion ads can be made as follows:
Go to: payments.mkp.org. Log in as username: broadcast and password: payment – Make your payment of $250.00 for your dedicated Broadcast listing.

5.    Intellectual Property

Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.

We grant you a non-exclusive, non-sublicensable license to use ManKind Project USA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features solely in connection with your use of MKP USA Ads and in accordance with the Agreement and the ManKind Project USA Branding Guidelines.  We may revoke this license at any time.  Any goodwill arising from your use of ManKind Project USA’s Brand Features will belong to ManKind Project USA.

We may include your organization’s name in our presentations or marketing materials.

6. Termination

You may terminate the Agreement at any time by emailing admin@mkpusa.org.  The Agreement will be considered terminated within 10 business days of ManKind Project USA’s receipt of your notice.

ManKind Project USA may at any time terminate the Agreement, or remove any message in MKP USA Ads for any reason.

7.  Indemnity

You agree to indemnify and defend ManKind Project USA, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the MKP USA Ad, including any content served on the Broadcast Lists that is not provided by ManKind Project USA, your use of MKP USA Ads, or your breach of any term of the Agreement.

You understand that posting an MKP USA Ad does not bind MKP USA to any legal claim or liability for the event being posted.

8. Representations; Warranties; Disclaimers

You represent and warrant that (i) you have full power and authority to enter into the Agreement and post messages to MKP USA Ads; (ii) you are legally authorized to act on behalf of the organizer of any event for which you are posting any MKP USA Ad; and (iii); all of the information provided by you to ManKind Project USA is correct and current.

OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES.  FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE MKP USA AD, THE SPECIFIC FUNCTION OF THE MKP USA AD, OR THEIR PROFITABILITY, INSURABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED.  WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

10. Miscellaneous

Entire Agreement; Amendments.  The Agreement is our entire agreement relating to your use of MKP USA Ads and supersedes any prior or contemporaneous agreements on that subject.  This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section 4, if you keep using MKP USA Ads after ManKind Project USA modifies the Agreement.

Assignment.  You may not assign or transfer any of your rights under the Agreement.

Independent Contractors.  The parties are independent contractors and the Agreement does not create an agency, partnership, or joint venture.

No Third-Party Beneficiaries. Other than as set forth in Section 11, this Agreement does not create any third-party beneficiary rights.

No Waiver.  Other than as set forth in Section 5, the failure of either party to enforce any provision of the Agreement will not constitute a waiver.

Severability.  If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect.

Survival.  Sections 7, 9, 10 of these MKP USA Ad Terms will survive termination.

Governing Law; Venue.  All claims arising out of or relating to this Agreement or MKP USA Ads will be governed by Illinois law, and will be litigated exclusively in the federal or state courts of Illinois, USA, and you and ManKind Project USA consent to personal jurisdiction in those courts.

Force Majeure.  Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

Communications.  In connection with your use of MKP USA Ads, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications.  Contact the ManKind Project USA at admin@mkpusa.org.

The ManKind Project is a global nonprofit [501 (c)(3)] charitable organization that conducts challenging and highly rewarding programs for men at every stage of life. The ManKind Project supports a global network of peer-facilitated men's groups where men mentor men through the passages of their lives. The ManKind Project empowers men to missions of service, supporting men to make a difference in the lives of men, women, and children around the world. We help men through any transition, men at all levels of success, men facing almost any challenge. Our flagship training, described by many as the most powerful men's training available, is the New Warrior Training Adventure. The ManKind Project (MKP) is not affiliated with any religious practice or political party. We strive to be increasingly inclusive and culturally aware.