Promotional User Agreement

The “Fishing Video Network TM” (“FVN”, “we”, “us”,”the site”, “website”, “the company” or “our”) is a website owned and operated by Snap-N-Trac Marine Inc. a Florida Corporation.

1.PA Use of the FVN site:
A. PA is allowed to use “the site” to promote its companies products and or services.
B. PA will not copy, alter, modify or distribute any part of the website content or technologies without prior written authorization by “the site”
C. PA will not gain access or navigate “the site” by any means other than provided by “the site”.
D. PA access FVN permitted for uploading content as provided herein and or purchasing banner advertisements.

2. Intellectual Property Rights
FVN content is provided to PA, As Is, and for PA promotional and personal use and may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed, or otherwise exploit any FVN content for any other purposes than provided for herein without the prior written consent of “the site”. FVN reserves all rights not expressively granted in and to “the site” and the content.

3. Promotional User Account Registration
PA who publish (upload) their companies sport fishing related content as provided and or banner advertisements on the site require their company to register with FVN. Creating a promo user account is free and requires both personal as well as company information. Upon successful registration and listing plan selection, PA account will permit user to upload and publish users promotional content and or banner advertisements as well as your own personal sport fishing videos and or photos. Once registered PA is solely responsible to maintain the integrity of its account as well as keep its password secure. Notify FVN of any breach of your account security or unauthorized use of your account. All information provided by PA for registration will be stored on a third parties secure server, which we have no affiliation and make no warranties beyond contracting for their service.

PA agrees not to engage in any activity designed to interfere with any FVN security or related features as well as those features that prevent or restrict use of copying of any content or enforce limitations on use of “the site” or its content.

PA understands account privileges provide for both personal and business use, personal content submitted that overtly promote for commercial gain any product, any business, any service, any person or any commercial enterprise of any kind will result in deletion of the content in question. Termination of the PA account will be at the discretion of FVN.

PA registration account provides PA access to the services provided by FVN without charge, however FVN publishing of banner advertisements is not a service provided free of charge, see plan matrix for details.

FVN provides registered PA with a user friendly website interface which will allow PA the ability to submit and publish their companies promotional content and or purchase banner advertisements.

4. Payment;

FVN uses the products and services of Paypal exclusively to facilitate and execute the PA payment for the benefit of Snap-N-Trac Marine Inc. If PA is not familiar with Paypal User can investigate its services on the providers website. User understands PayPal is responsible to maintain and make secure all information PA provides to Paypal to facilitate a purchase of services from FVN. PayPal provides this third party service to FVN for a fee and as such is solely responsible for securing all aspects of your transaction and maintaining the integrity of your Paypal account.

Until payment has been made all pricing of banner advertising plans are subject to change without notice, all completed sales are final.

5. Plans;

Promotional banner advertisements must be configured according to the promotional advertising plan selected. If submitted in a non conforming format, “the site” will automatically reject and or modify PA submission so that it conforms to “the sites” submission requirements. PA understands and agrees that should this be the case with their submission, PA pre-payment will not be refunded, prorated, discounted or credited and will run as listed unless cancelled by PA without refund. PA will hold FVN harmless in the event PA promotional submission is in any way different then PA intended. All payments made to Snap-N-Trac Marine are final.

FVN provides PA with limited access to website interface to manage their company information and or the products and or services. Published content and or banner advertisements cannot be modified once submitted, early banner advertisement cancellation by PA is permitted without refund. PA can cancel listing at any time through its account.

Website interface will provide PA with three banner advertisement plans to choose from, see plan matrix. Upon plan selection and payment, PA can access required interface to submit banner advertisements according to the promotional plan selected.

FVN can without notice terminate a PA account and or access if PA is determined by “the site” to be in violation of any part of this agreement terms and conditions, its intent and or if PA is not acting in good faith to adhere to our agreement terms and conditions. If in violation of agreement terms and or conditions any and all fees paid by PA will be forfeited to FVN without recourse upon termination of PA account.

PA agrees that our terms and conditions of service and any right and license granted herein, may not be transferred or assigned by you, but may be assigned by FVN without restriction.

Banner Ad Listing Plans link: http://www.fishingvideonetwork.com/pricing.php

6. Promo User Submissions
Banner promotion: Your company banner hyperlink advertisement will be prominently displayed as per the plan selected. Individual company banners will be displayed in groups of five per banner frame, one five frame at a time, with four banner frames comprising a full-page frame of twenty banners showcased per page. Each banner is individually showcased in an exploded view as well as normal size.

Banner advertisements will receive the same amount of view time per banner frame, when the final banner has been showcased then the next banner frame of five will appear. Each banner frame of five will be re-showcased equally, with each banner frame showcased every fourth frame rotation. Individual company banner views and or click through to PA website cannot be guaranteed.

Banner Reservations: In the event there are currently no banner listings available to purchase, PA can reserve a future listing by signing up for our email “First right of refusal listing reservation service”. When exercised, this service will automatically attempt to notify you by email that your requested listing spot is now or will be available. You will have FOUR hours from receipt of our email notification to accept and pay for the listing. If you do not exercise your option within this time period your listing reservation option would have expired.

Ad List: Banner advertisements will be also displayed on a separate website page, this ad list page will display currently running banners with hyperlink to PA website.

7. Legal Notices & Disclaimers;
A. FVN permits the PA to upload and publish their promotional sport fishing content to “the site”. PA understands that all content will be accessible to any person who has access to the world wide web. PA understand they are solely responsible for all consequences that may result from posting and or publishing content on “the site”.

B. FVN reserves the right to determine if PA content submission(s) comply with PA Agreement terms and conditions and if not FVN reserves the right to delete without prior notice any PA submission deemed to be in violation of PA Agreement. Violation of Promo User agreement could result at discretion of “site” in PA account termination with any and all fees paid by PA to be forfeited in full to FVN and without recourse.

C. Before submitting any content PA must first be sure that they own or have the necessary licenses, rights, consents, and permissions to use and authorize FVN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service; and you have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service. That PA retains ownership rights concerning all its submissions.

D. Upon registration and or when submitting any content to FVN, PA grants a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and or perform the submission in connection with the FVN website and its business. The license granted by PA terminates if “site deletes content, or content is removed by the PA and or when subscription has expired.

E. PA further agrees that PA will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FVN all of the license rights granted herein, publish falsehoods or misrepresentations that could damage FVN or any third party, submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, post advertisements or solicitations of business, impersonate another person or submit adult-oriented material.

F. Acceptance of any PA content is not an endorsement by FVN, further “we” disclaim all liability in connection with PA submissions. FVN does not condone or permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and PA submissions if properly notified of infringements on third party's intellectual property rights. All substantiated infringers will have their PA access terminated.

G. If you are a copyright owner or an agent thereof and believe that any PA submission or other content infringes upon your rights submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing FVN with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail). Failure to comply with DMCA requirements may render your formal notice invalid.

* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

H. PA must understand that when accessing the FVN website, PA will be exposed to content submissions from a wide variety of sources, and that FVN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. PA further understands and acknowledges that PA may be exposed to submissions that are inaccurate, indecent, offensive, or objectionable, and PA agree to waive, and hereby do waive, any legal or equitable rights or remedies PA have or may have against FVN with respect thereto, and agree to indemnify and hold FVN and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to PA use of “the site”.

I. FVN permits PA to link to materials on the FVN website for personal and non-commercial purposes only. In addition, FVN provides an "embeddable player" feature, which PA may incorporate into PA own personal, non-commercial websites for use in accessing the materials contained on the FVN website. FVN reserves the right to discontinue any aspect of the FVN website at any time and for any reason.

J. PA agrees to allow “the site” or it approved agents to contact PA as needed and by whatever means provided to FVN as required to communicate information important for our registrant User to know.

8. Warranty Disclaimer
PA understands and agree that use of FVN shall be at PA own risk. To the fullest extent permitted by law, FVN, its officers, directors, employees and agents disclaim all warranties expressed or implied in connection with FVN and PA use thereof. FVN makes no warranties or representations about the accuracy or completeness of “the sites” content or the content of any video and or sites linked to FVN and assumes no liability or responsibility for any:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR  WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FVN. FVN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FVN OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FVN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHEN AND WHERE APPROPRIATE

9. Limitation of Liability
IN NO EVENT SHALL FVN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO PA FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “WEBSITE”, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FVN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

USER SPECIFICALLY ACKNOWLEDGES THAT FVN SHALL NOT BE LIABLE FOR PA SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS THE RESPONSIBILITY OF THE USER.

FVN MAKES NO REPRESENTATIONS THAT, ”THE SITE” IS ACCEPTED OR AVAILABLE FOR USE IN ALL LOCATIONS OUTSIDE THE UNITED STATES. USERS ACCESSING “THE SITE” FROM LOCATIONS OUTSIDE THE UNITED STATES DO SO OF THEIR OWN ACCORD AND ARE RESPONSIBLE FOR COMPLYING WITH THEIR APPLICABLE LOCAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.

10. Eligibility to Accept PA Agreement Terms and Conditions
FVN is available for access and use by persons 18 years of age and older, or any emancipated minor, or a minor who possess legal consent by a parent or guardian making them legally eligible and competent to abide and comply with our PA Agreement Terms and Conditions. FVN is not intended for use by minors and does not encourage or condone such activity except for those that meet the specifications as described herein.

11. Copyright
All materials that compromise “the site”, including, but not limited to names, logos, trademark, service marks, images, designs, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights, claims, owned and or controlled by Snap-N-Trac Marine Inc or by our advertisers.

12. General Disclosure
These terms of service, together with the privacy notice and any other legal notices published on the FVN website shall constitute the entire agreement between PA and FVN. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and FVN failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. FVN reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the FVN website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.

I accept the Terms and Conditions of this Promo Agreement as defined ( )