LIMITATION OF LIABILITY
THERE ARE NO IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY SHIPMENT AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS EXCEPT THAT THE MATERIAL SOLD HEREUNDER SHALL BE OF SELLER'S STANDARD QUALITY, and buyer assumes all risk and liability for all loss, damage or injury to person or property resulting from the use of said material in manufacturing processes or in combination with other substances, or otherwise. Except as otherwise provided herein quality shall be in accordance with seller's specifications. Final determination of the suitability of the material for the use contemplated by buyer is the sole reponsibility of buyer, and seller shall shall have no responsibility in connection with such suitability.
Prohibited Internet Tactics and Practices
Given the realities of a multi-channel marketplace, Rivera Primo Inc. distribution agreements and the worldwide reach of the Internet, certain online marketing tactics and practices by individual Resellers must be limited or prohibited.
A. Search Engine Keywords
Resellers shall not purchase or register search engine keywords, search terms or other identifying terms that include any trademarks, trade names, copyrighted materials, names, brand products, or any other assets owned by Rivera Primo Inc., or any variations or deliberate misspellings thereof, for use in any search engine, portal, sponsored advertising service or other search or referral service.
Under no circumstances shall Resellers send commercial electronic mail messages as defined in the Federal spam law, the CAN-SPAM Act of 2003, with respect to Rivera Primo Inc. Products that in any way indicate or imply that the message is from or endorsed by Rivera / Primo.
C. Domain Names
Resellers are prohibited from registering or using Internet domain names containing any trademarks, trade names, copyrighted materials, names, brand products, or any other assets owned by Rivera / Primo, or for any variations or deliberate misspellings thereof.
Any Reseller that is in possession of such domain names shall be required to stop usage of the domain name, and transfer ownership to Rivera / Primo.
D. Affiliate Programs
Resellers shall not sell Rivera Primo Inc. Products via any relationship where another entity receives commission, placement fees, finder's fees or referral fees or other compensation for promoting or selling Rivera Primo Inc. Products on the Internet. This includes but is not limited to auction, classified advertising or broker sites, Internet malls, storefronts or catalog sites.
E. Misleading Communications
Resellers are prohibited from using misleading advertising or any other public statement to misrepresent their status with Rivera Primo Inc. This includes, but is not limited to, the following words used in conjunction with any trademarks, trade names or copyrighted materials: "authorized," "center," "certified," "direct from the factory," "exclusive," "factory," "factory outlet," or "official," or any other words that may mislead consumers.
E. Intellectual Property Usage
Rivera Primo Inc. copyrighted logos, trademarks and intellectual property must not be used for the purchase, sale, advertisement or promotion of any other company's products either directly or indirectly by selling away from our products as an example, and not limitation.