Terms of Agreement
This Agreement regulates participation in the Bakler program (the "Program"). By participating in the Program, you agree to be bound by these Terms of Service. You, hereinafter referred as the 'Affiliate' are the indvidual who participate in the Program and agree to the following Terms and conditions. The Program is the service that allows domain names owners to sell their domains in a most efficient and secure manner. The Program is offered to you by Bakler.com hereinafter referred as "Bakler". All of the following terms and conditions must be adhered to and are legally binding immediately upon agreement. Please do not signup for the Program if you do not completely agree with the following Terms and conditions.
Payment
For customers convenience the billing process is organized through several payment systems including credit car payment service. Secure payment transactions for the Program accepted from PayPal, E-gold, MoneyBookers, Fethard, Webmoney payment systems. Payment systems commission fee is not included in domain name cost.
Restrictions
To use the Program services the registered account on http://www.estdomains.com is required. Purchased domain names can be transferred to the new owner to the EstDomains, Inc accounts only. If EstDomains, Inc is not the Registrar for the domain name, the domain secret is required for the further transmission operation.
Termination of Agreement
Bakler reserves the right to terminate any agreement at their discretion at any time without notification. Bakler is not obliged to disclose the internal reasons of agreement termination. Affiliate may terminate this agreement at any time for any reason, effective upon 30-days written notice of such intent to terminate given to Bakler.
Confidentiality
During the term of this Agreement and for one year after termination of this Agreement, Affiliate agrees to safeguard and, except for the benefit of the Program, not to disclose to anyone outside the Program any proprietary or confidential information acquired during this Agreement. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
Modifications
The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
General
Affiliate shall indemnify, defend, and hold harmless the Program, and its officers, directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement. Affiliate may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the Program. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement.Affiliate is an independent contractor and in no way and under no circumstances that Affiliate should look to the Program for compensation and benefits as an employee. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, technical problems of Bakler or its providers, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.
Severability
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties this Agreement.
Representations & Warranties
Bakler and Affiliate represent and warrant that they have full power and authority to enter into this Agreement. BAKLER IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). BAKLER AND ITS LICENSORS MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.