Linking Agreement Example

EXAMPLE OF A LINKING AGREEMENT FROM THE OPTIVA CORPORATION

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This web site came about because in 1999 Madeline and her teammates made a Thinkquest Junior web site about orthodontic braces called "Yo, It's Time For Braces". Most of the web site required getting the permission from many doctors, organizations, and companies for their text and images. There is a lot of work involved in getting permission. Most of the time it just involved e-mails back and forth.

But, when it came to getting permission from a corporation, they required letters and signed agreements. Just before the end of 1999, Madeline's Windows 3.1 computer crashed and most of the e-mails were lost. We wish we could have put them on this site.

We would like you to see the agreement required to be signed by the Optiva Corporation, the makers of the Sonicare(R) Sonic Toothbrush. The team wanted to show different products on a page about tools you can use with braces. The agreement was signed by Madeline's mother because corporations don't enter contracts with kids. The braces team put copyright information on the tools page. They also added a link to a separate page with more information required by this agreement. Don't let the long agreement scare you. If you want to have an informative web site with real product information, you may have to have separate pages with legal conditions. It was worth it.

It takes a long time to work with companies so, start writing to them early. Don't give up. Madeline got a call back from a company that makes mouthguards on the last day of the competition. She e-mailed a page they made just in case they got permission. The company saw the page and gave their permission to put it on the site just before the deadline. Miracles happen, just don't count on them.

You can see the pictures on http://tqjunior.advanced.org/5029/tools.html
We can't show them here because the agreement was for the other website.

Linking Agreement

Optiva Corporation ("Opitva") grants ______________ ("Recipient") the right to display on the recipient's web site the three sheets of images attached to this agreement. Optiva also grants Recipient the right to provide a link from the recipient's web site to Optiva's web site and to display images of Optiva's Sonicare(R) sonic toothbrush and affiliated Sonicare product information from Optiva's web site on Recipient's web site. In exchange, Recipient agrees to the following:

1. Recipient shall include appropriate trademark, service mark, copyright notices on each of the recipient's web pages that include Optiva images or links to an Optiva page. Recipient shall include a notice that Optiva Corporation does not sponsor Recipient's web site and it is not responsible for it's contents. For instance, the following is an appropriate notice for a web page displaying Sheet 1, which is attached to this agreement: "Images copyright 1998, Optiva Corporation. Sonicare is a trademark of Optiva Corporation. Used by permission. Optiva Corporation does not sponsor this site and it is not responsible for its contents."

2. Optiva's product name must appear ae Sonicare (R) sonic toothbrush"

3. Recipient shall not alter the Optiva images in any manner that implies that Optiva is endorsing, sponsoring, or affiliated with Recipient or Recipient's web site.

4. Recipient shall not use Optiva's images in a manner that is likely to cause confusion with, dilute, or damage the reputation or images of Optiva or any of it's products.

5. Recipient agrees not to make negative or disparaging references to Optiva or its products or services on Recipient's web pages or otherwise unfavorably compare Optiva products to other products.

6. Recipient acknowledges the validity of optiva's ownership in all Optiva images and trademarks (collectively "Marks") and will not contest such ownership or the validity of any registrations of Optiva relating to the Marks. Recipient agrees to fully cooperate with Optiva in securing rights in the Marks.

7. Optiva reserves the right to terminate this Agreement to use it's images and or/link to its web site. Recipient agrees to immediately cease using Optiva's images or linking to Optiva's site on Optiva's written or electronic request.

8. Optiva reserves all rights not granted to the Recipient.

9. Recipient agrees to indemnify and hod Optiva harmless from all claims, demands and liabilities, including costs and attorney's fees to which Optiva is subjected by reason of any breach of this Agreement.

10. This agreement is not assignable. This agreement shall be governed by the laws of the state of Washington.

THE COUNTERFEIT COPYCAT'S TOUR	Computer #1 says: Why was the molar wearing a tux? Computer #2 says: Why? Computer #1 says: Because the dentist was taking him out tonight!!
	For your own website you might have a agreement like the one above with another company to link to their website. But the linking agreement is worth NOTHING if you can't keep track of it. The next FOUR PAGES help you keep track of you forms and permission!! You can print them out and create a log if you want. Just be careful NOT TO LOSE THE LOG!!