TERMS OF SERVICE - Your submission MUST meet this MINIMUM criteria: 1. Place a reciprocal link to awesomegems.com before you submit this form. 2. Place this link no further than 2 Clicks away from your Home Page. 3. Your email address must be youremail@yourdomain.com. 4. Your email address cannot be youremail@anyotherdomain.com. 5. Your site must be up and running 24/7. 6. Your site cannot be under construction, and all links must be working. 7. Your site must contain sufficient pages and be of recognizable content. 8. Your site should be quick to load. 9. Your site cannot mirror or redirect to another Web site. 10. You are solely responsible for ensuring that the content and activities on your site are in compliance with all applicable laws and regulations. To the extent that pharmaceuticals and/or medical devices may be offered or promoted on your site, you certify that you are a licensed health care provider or other entity authorized to prescribe, distribute or otherwise deal in such products in the jurisdictions in which they are sold. PLEASE NOTE: As a Link Partner, we give you a BOLD TITLE and LINK PARTNER logo. All links are filed in alphabetical order according to each classification. Below the TITLE will be your DESCRIPTION of less than 40 words. If we do not see a link to us on your website on that page, your application will be discarded. Your link and site content will be re-evaluated periodically, if your reciprocal link is found to be a dead link, we will remove your link. If our reciprocal link is moved for any reason you must notify us immediately of the new url location for approval, or your link will be removed. Your site cannot contain pornography, pornographic or adult advertising, erotica or adult-only content, gratuitous or graphic violence, material that supports gambling and/or betting of any type, material that infringes on or violates anyones rights, material that may be considered to be of a political and/or religious nature, and/or material that promotes/disseminates illegal activities. You can apply to have YOUR BANNER included in your listing after your application is approved (this is a fee service), otherwise Banners or deviations from these terms are not accepted as a free submission. MISCELLANEOUS FORCE MAJEURE. Neither party will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences or causes beyond its reasonable control. Data Usage. Applicant acknowledges and agrees that awesomegems.com may use the information about Applicant on its servers and any registration information submitted by Applicant in aggregate form for research and product development, marketing, or other promotional purposes. Applicant hereby agrees that awesomegems.com has the right (but not the obligation) to disclose any such information if www.awesomegems.com believes such disclosure is needed to comply with the law or legal process or to protect the rights and interests of awesomegems.com or others, including to enforce this Agreement. Notices. Any notice required or permitted under the terms of this Agreement or required by law shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to awesomegems.com, the email notice shall be addressed to webmaster@awesomegems.com, and the written notice to Submit a Site, at the address listed under company info within the website. If to Applicant, the notices shall be addressed to the electronic or mailing address specified in Applicant's Submit a Site registration form. Indemnity. Applicant agrees to indemnify, defend and hold harmless awesomegems.com, and its partners, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, arising from any third-party claim, demand, action or proceeding, if resulting from or arising out of any alleged violation of this Agreement or any alleged violation of any rights of others or resulting from or arising out of the Service or Applicant's use thereof or listing therein or the acceptance or rejection of the site submitted by Applicant. awesomegems.com has the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not otherwise excuse Applicant's indemnity obligations. Disclaimer and Limitation on Liability. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AWESOMEGEMS.COM MAKES NO WARRANTY EXPRESS OR IMPLIED THAT THE SERVICE WILL BE UNINTERRUPTED, UNDISRUPTED OR ERROR FREE. NEITHER AWESOMEGEMS.COM, ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT IN ANY WAY RESULT FROM ANY ASPECT OF THE SERVICE, INCLUDING WITHOUT LIMITATION, APPLICANT'S USE OF OR INABILITY TO USE THE SERVICE OR ACCEPTANCE, REJECTION OR REMOVAL OF APPLICANT'S SUGGESTED SITE, EVEN IF NETMARKETING.NET IS AWARE OF THE RISK OF SUCH DAMAGES. IN NO EVENT SHALL AWESOMEGEMS.COM LIABILITY TO APPLICANT EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO AWESOMEGEMS.COM UNDER THIS AGREEMENT. SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN OF THE ABOVE WARRANTIES OR LIABILITIES. Governing Law. THIS AGREEMENT AND THE PARTIES' RELATIONSHIP WILL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES UNDER CALIFORNIA LAW). THE VENUE FOR ANY ACTION, SUIT OR PROCEEDING ARISING FROM OR BASED UPON THIS AGREEMENT OR ANY ASPECT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, APPLICANT'S USE OF OR INABILITY TO USE THE SERVICE OR ACCEPTANCE, REJECTION OR REMOVAL OF APPLICANT'S SUGGESTED SITE, SHALL BE THE APPROPRIATE STATE AND FEDERAL COURTS LOCATED THE STATE OF CALIFORNIA. ACCORDINGLY, APPLICANT AND AWESOMEGEMS.COM AGREE THAT ANY ACTION, SUIT OR PROCEEDING ARISING FROM OR BASED UPON THIS AGREEMENT SHALL BE COMMENCED IN AND DETERMINED BY THOSE APPROPRIATE STATES AND FEDERAL COURTS LOCATED IN THE STATE OF CALIFORNIA. IN CONNECTION WITH THE FOREGOING, APPLICANT AND AWESOMEGEMS.COM EACH AGREE TO SUBMIT TO AND BE BOUND BY THE JURISDICTION OF THE APPROPRIATE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF CALIFORNIA. Severability. If any term, condition or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Applicant agrees that no action related to this Agreement or the Service or Applicant's listing in the Directory may be brought more than one year after delivery of the Service giving rise to such cause of action. Section Titles: The section titles in the Agreement are for convenience only and shall have no effect on the interpretation of any part or provision regardless of the title heading under which the part of provision is allocated.