All Time Favorites Terms of Service
Revised July 30 2009

It is suggested to print this document and seriously read and understand it fully before advertising on ATF Site.
It is not your normal blah, blah, blah.  It is a LEGAL contract.
If you do not understand fully any part of this document, please seek professional legal assistance.

Advertising Rates can be found here

Company Info
All Time Favorites, Inc. (A Minnesota Corporation)
PO BOX 211533 Eagan MN 55121 USA
651-454-1124

General Conditions
These Terms and Conditions of Use (the "Terms") apply to your advertising on, access and use of www.alltimefavorites.com ("ATF","Site","we", "us", "our").  You ("User", "you", "your" , "advertiser") agree to be bound by these terms in full by advertising or submitting your information for a free or paid listing or website on this Site.  If these terms are not acceptable, then do not submit your information to our Site.  These Terms may be changed by ATF at any time and are posted here on this page for your review.  Users are advised to read these Terms each time they access the Site for any changes to these Terms.

This document does not apply if another terms of agreement for participating, listing and/or advertising on this website is signed by both parties and states clearly that it is the only agreement in place between the two parties.

Termination of advertising is ONLY done by one of these two options ONLY:
1. Logging into your account and choosing termination option and saving the email receipt you get back from our system confirming it.  Please call us if you have not received your receipt (check your junk email first)
or
2. Sending us a registered, return-receipt letter requesting to terminate your account and your signature to All Time Favorites PO BOX 211533 Eagan MN 55123
Termination is not acceptable by phone or email.

Linking back to our website is required from your website.  See how here. Contact us to help with the best placement and wording.

Level 1 advertising and FREE TRIAL members
Commission is due on what you sell from the leads and referrals to you from our staff or our websites including www.alltimefavorites.com  .
If you are a TRIAL member (not paying anything for advertising on the site), Commission is due to All Time Favorites within 30 days of receiving sufficient deposit or balance payment from a client of 10% to 25% (the % is up to you but minimum 10%).  Failure to pay commission with 30 days after an event, you agree to a fine of 25% of the selling price of the product/services to the client for that event or lead.  Note that when you send a commission, it is not refundable so make sure your contract with your client includes the portion you paid to us as a non-refundable deposit so that if your client cancels then you are not out money from your pocket.

Level 2 advertising
You pay a monthly, 6 month or yearly rate to advertise a link on our site to yours and get leads from us.
Commission of 5-25% is due (based on the selling price) on customers that spend 5000.00 or more per year with you.
Amount of commission is up to you and is suggested to be 10-25% of the selling price or 25-35% of the net profit if you are a reseller or broker of independent talent/products/services.  Just be fair.   The amount you send us affects how high your listing goes above others who send in less.  Commissions on customers you sell 5000.00 or more in products/services are required at a minimum of 5% of the gross selling price.  Giving our leads/customers to any third party not booked under your contract is prohibited and if they book it, you are still subject to the minimum 5% commission.
Linking back to our website is required from your website.  Contact us to help with the best placement and wording.

How to get a higher ranking with ATF on our site (subject to change)
Our system awards "points" to rank you higher and get preferences when you are displayed on our site
We reward points for:
1. Linking back to us from your site (see how here) (Now required to be listed on our site)
2. Content that relates closely to what we link to you from our site.
3. High popularity of your site on the search engines awards you points.
4. Fast loading sites with clear content and keywords relating to what we link back to you under.
5. Hosting your website on your own domain (yourcompanyname.com) rather than AOL or Tripod.com
6. Using email on your own domain rather than an aol, yahoo or similar non-business host account.
We take points away for:
1. Not linking to us (your listing to us will be removed for not linking to our site -  see how to link to us here)
2. Sites that remove our "frame" link from the top when people click on your link from our site.
    You will not be allowed to advertise with frame-removal software in place on your page we link to.
3. Sites that redirect users away from our frame link to you and remove our link from the page.
4. Sites that advertise content that is not related to our reason for link to you.
5. Any link to any adult sex site or related will remove you from advertising without refund.
6. Sites trying to trick search engines using hidden or slightly visible keywords or employ keyword 
   spamming techniques. (we will terminate your account for this reason)
7. Sites with content that significantly differs from the event industry.
8. Sites that promote anything negative with regard to religion, race, color, sex 
    or similar content that offends customers. (we will terminate your account for this reason)
9. Sites that have long lists of links on their links page.

Refunds:  Advertising is non-refundable.  

Purpose of this site
The purpose of our Site is to offer you a way to advertise your business to corporate clients and private clients including corporate events, conventions, trade shows, city events, weddings, and social events.  You may be contacted from those clients through leads from our system or our website forwarding them to your site.

Content you supply to ATF
We reserve the right to delete any advertisements placed by you on our site for any reason.  Some of those reasons may be false advertising (Advertising you are #1 when you have no proof), advertising that promotes anything illegal, immoral and unethical in the sole opinion of ATF staff.

Quality of content guidelines (click to read them)

Content of your own site:
ATF reserves the right to terminate advertising if clients using our site complain about excessive pop-up ads on your site, or bad javascript or similar code.  We do not allow links to web sites of advertisers that support "Click here to rate us #1" or advertisements for porn, or any other spammer-type advertising.  We also may remove your advertising or deny it if you host on a web server that is known to allow illegal activities, allows open relay email systems so spammers can send a lot of mail, or hosts known spammers.   We do not allow links to your site where your site automatically removes our top referral frame.  

False information:
False information on your website such as associations that you are a part of or similar claims that are not supported or just plain false will, in almost all cases, get you terminated from this system.

Payment/Cancellation of advertising fees
For all advertisers the fees charged are auto-renewing unless you login to our site and cancel and receive a response from our system approving it.  Emailing us to cancel requires a response back from us acknowledging that we received your email and will cancel your account (autoresponders from our system do not count as a valid response). 

Content submitted to ATF Site
It is clearly understood by Advertiser that you have secured all the rights to use any materials you submit to ATF including but not limited to, photos, video, audio, customer names, testimonials, and similar.  You agree not to hold ATF responsible for any violations incurred through the use of posting materials furnished by you to put on our Site.  We will assume that you have all the rights secured from any photos, video, or audio of guests at an event or used in demonstrating your product or services.
We may in some cases, ask for written proof of permission to use your materials on our site from the subjects in your promotional materials to prove there is no copyright violation.

Use of this site
User agrees that it will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or contents for any personal storage system without written permission by ATF.  User agrees that it will not allow any device, software or virus on User's computer or caused by User's computer to interfere with the proper working order of our Site.  Without limitation to the foregoing, User further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on Site as determined by ATF.   No usage of the data on this site may be copied to any other directory or advertiser operating a similar search engine or services similar to ATF.  

Proprietary Rights As between ATF and User, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the “Content”), is the property of ATF or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication, or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of ATF or any third party that may own the trademark or copyright of material displayed on the Site.

Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembles, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without the prior written permission from ATF except in the normal course of selling your services to your client.

User understands and agrees that ATF may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. User further understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ATF may undertake from time to time; or (iii) causes beyond the control of ATF or which are not reasonably foreseeable by ATF, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that ATF has no control of the availability of the Site or the Services on a continuous or uninterrupted basis an refunds are not allowed.

The Site and the Services currently are intended for use by Users located in the United States ("U.S."). ATF makes no representation or warranty that information on the Site is currently appropriate for any other jurisdiction. Those who choose to access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You may not advertise links for services which the link to your site does not match the category you are advertising on ATF Site under.  In other words, you can only advertise in a category if the link goes to content that matches that category.  It is up to ATF to make any final decision on this matter.

ATF reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate User’s access to or use of all or any portion of the Site or the Services. Links the Site contains hyperlinks to third party web sites. The linked sites are not under the control of ATF, and ATF is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by ATF of the linked site or its content.

In addition, you may not post your link on any of your sites to any of our sites that contains any illegal, defamatory, infringing, obscene, false information, adult related, warez, pirated software, any indecent or unlawful topic, material and / or information, including but not limited to that which violates any applicable law, intellectual property right, proprietary right, privacy policy or publicity rights. We reserve the right to deny services to any web site for any reason, or for no reason at all. All decisions as to whether any site is denied access to or the services of ATF are the final decision of ATF administration. 
FURTHERMORE YOU AGREE NOT TO: 
Upload files that contain trojan horses, viruses, corrupted files, or any other similar programs or software that are intended to damage the operation of any computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); and / or Publish on your web site (or have active or inactive links to) any illegal material or content, defamatory, infringing, obscene or unlawful material (such as relating either directly or indirectly to the distribution or promotion of child pornography and / or beastiality); and / or Conduct or forward "chain letters", "pyramid schemes", or illegal contests; and / or use any means, device, software, etc., to artificially inflate traffic, exposures/impressions and / or clicks in regards to any web site participating in the ATF Site.; and / or Restrict or inhibit any other user from using the ATF Site or  Services.

You agree not to badmouth, slam, or communicate by voice or writing in a negative way any FALSE or MISLEADING information about All Time Favorites in any public forum, chat room, over the phone, or in person or it may result in your company being de-listed, terminated, WITHOUT REFUND, from our directory and lead referral system. This includes communications with other merchants/vendors serving the events industry that you may come into contact with when you hire them, network with them or compete against them.  We want good business between all in the event industry and anyone not doing that may be terminated from this system as badmouthing a competitor is not allowed here.

Truth in advertising policy:
Any company that advertises that they are #1 or won some type of award needs to clearly identify the source of that award to each client, every time they are told you are #1 or about the award.  This is so that the client has a clear understanding why you are #1 or why you won the award.  Any advertiser misleading a client with false or claims that they can not substantiate (or prove) may be terminated from our system without refund.

Representations and Warranties:
You represent and warrant that (i) you are authorized to enter into this Agreement and to make available to ATF your advertising listing with us, and (ii) you are the authorized owner or representative of your web site(s) for which you are advertising with ATF.

Privacy
ATF' Privacy Policy may change from time to time and is posted in full on the Site under the Vendors link.

Leads received from ATF
A "Lead" is customer name, address, phone # and other information related to an event sent to you via email, fax or phone originating from our company or family of websites. If you subscribe to the lead program, you agree to have on your computer and keep up-to-date, anti-virus software to help stop viruses from distributing client names/numbers/email addresses.  You also agree not to relay these leads to any third-party who is not contracted under you for that event.  You are not allowed to re-sell these leads as your own under a similar lead-relay services as ATF.  You are not in any way to harass, or irritate any client you have received the "Lead" information on.   Leads received from a category that you do not advertise in are subject to the rules of the lead referral system and those rules are found here.  Leads can come to you via email or by phone for categories/cities that you do not advertise in and both are subject to the rules found here.  

Responding to leads in a timely fashion
You agree to respond timely to "direct email leads" (says in the subject line of emails) from clients trying to reach your company specifically.  Timely is within 4 days at the most.  Your account will be terminated and those clients given to your competitors if you fail to respond to those leads.  We just do not want you to miss customers is why we are tough on this rule.  "New inquiry" type leads should be responded to to keep your account active also.

Billing
ATF, in its sole discretion, may accept or reject for any reason a User as a customer of the the Site/Services. If User is accepted by ATF as a customer of the Services, as a condition to accessing and using any of the Services offered by ATF on the Site, Users must accept and agree to any separate Terms of Service set forth elsewhere on the Site. If User establishes an account for access to and use of the Site and Services, User shall be billed by ATF, and User shall be responsible, for all applicable charges and fees related to such access and use of the Services pursuant to the order form.  Prices may change and the Advertiser has the right to accept or deny continuing any Services from the Site.   You are responsible for keeping your password and vendor ID information private so that others do not change your information without your consent.
Authorization via email or Site via form to bill you (without your signature) will be considered valid if received by ATF Site.
ATF can lower rates and adjust any future advertising payments lower at any time.
ATF can raise rates as needed BUT you will be given the option to discontinue advertising in that category.

We can edit the information you submit
We can edit items, including but not limited to, sales pitch, pricing pitch, company name, phone number, cities you service and product/service categories to make your listing more accurate and clearer such as phone numbers fixed from 5323329933 to 532-332-9933 and misspellings within sales pitches, also company name that does not match the registered company name we correct to the registered name, sales pitches that say you are #1 without proof we will remove the #1 from it.  We can also re-crop and touch-up photos submitted.

Termination of advertising account 
You may visit www.alltimefavorites.com/vendors/terminate.htm to terminate your entire account at any time.
You must receive an email or callback from us confirming your termination or it is not valid.

Credit Card Chargeback requests 
You agree not to request a credit-card chargeback for charges incurred AFTER you notified us at the above terminate link or called us by phone at 800-232-6874 to terminate your account.   You must receive an email or callback from us confirming your termination of account or it is not valid, sending a simple email to us will not terminate your account as it is not the proper channel to communicate through.

Communications from us
As long as you keep your account active, we can email you requests from clients, automated emails from our computers telling you about your account and any updates that are needed, and other notices such as benefit events and community-oriented help needed (like hurricane relief requests as needed). If you wish not to receive all these notices, you will need to terminate your account as we strongly believe in helping local communities and giving back to them in times of need.   You also agree that you will not report such communications to your Internet provider (AOL or otherwise) that our email as SPAM or your account will be terminated and you will be fined $20/per incident.

Search Engine Data: This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines

Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, ATF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, ATF DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER’S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, AND (vii) INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS TO ANY ADVERTISER, ATF DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.

Limitation of Liability 
UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) USER’S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS ATF, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF ATF OR ITS AFFILIATES.

Applicable Law
These Terms shall be governed by the laws of the State of Minnesota, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the County of Dakota, State of Minnesota.

Listing your company with us. By listing your company and doing business with All Time Favorites, we have the right to list your company on our website and other sites we own to help promote you along with marketing reasons.  You can ask to remove your company from our listings but it is up to the search engines to remove our listings from their cached data or old indexes.  It may take up to a few months to remove your listing from all our websites.  We are not responsible for sometimes technical errors known or not known on our site.  If you have paid for advertising and cancel, we have the right to put up another advertiser in place of your pages and divert the business to them without compensation to you as we pay for many forms of advertising to promote you.

Conversations, leads and proprietary information between All Time Favorites and Vendors are not allowed to be publicly posted anywhere or given to any third party without written permission from All Time Favorites.

Sections of this Agreement
In the event any provision of this Agreement is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and the other provisions of this Agreement will remain in full force and effect.

© 2008 All Time Favorites, Inc.