memebr_app1

AMERISALE INC.
http://www.texasproperties.com/
4111 Medical Parkway Suite 201
Austin, Texas 78756
Office: 512-451-3004 Fax: 451-4110
E-Mail: texreal@texasrealtor.com

MEMBERSHIP APPLICATION

Name: ___________________________________________________________________

Company and/or Affiliation: ___________________________________________________

Company Address: ________________________________________________________

Company Phone: ___________________________ Pager: _______________________

Mobile Phone: _____________________________ Fax: _______________________

E-Mail Address:______________________________

Company Representative ________________________________________________
(Printed):

Signature: _______________________________ Date: __________________________

This agreement attached to this information sheet is a legal and binding document. I have read the information in this agreement and agree to all the terms and conditions herein.

SUBTOTAL OF SERVICES:_______________________

Tax 8.25% ________________________

Total of Services: ________________________

Check Number: ________________________

USER AGREEMENT

This is an internet service user agreement between Amerisale, Inc., with a principal office located at 4111 Medical Parkway, Suite 201, Austin, Texas 78756, referred to in this Agreement as “Service Provider”, and________________________________________________________________
of (address), _______________________________________________________________
___________________________________________________________________________
referred to in this agreement as “Customer.” Service Provider and Customer are collectively referred to in this Agreement as the “Parties.” Use of the site is referred to in this agreement as the “Service.”

RECITALS

Service Provider has an internet site and access through http:/www.texasproperties.com/. This Internet site is available to Service Provider’s customers to place information on the Internet.
Customer desires to obtain access and place information on Service Providers Internet site.
The Service Provider will submit the customer’s internet address to www.submitit.com and www.yahoo.com but the Service provided cannot guarantee the results or that other providers will add your address to their databases. If the customers brokerage is apart of a national affiliation the Service Provider cannot be responsible for issues regarding compliance and copy rights. It is understood that the site is limited to the listings owned by the Broker and his or her associates and not those of another company or Broker. Therefore, in consideration of the promises made in this Agreement, Service Provider and Customer agree as follows:

TERM

This Agreement shall take effect on the date of its execution by Customer and shall continue in effect for one (1) full year from the date of execution. Either party to the agreement may terminate the agreement on thirty (30) days’ prior written notice to the other party, except that this agreement is not terminable for at least one (1) year from the date of execution.

CHARGES

All customer shall pay an annual membership fee of one-hundred-fifty dollar ($150.00).
All new customers must pay a one time set-up fee of six-hundred dollars ($600.00). This fee covers the cost of designing and preparing the web page or pages for the Internet site with searchable database.

Customer shall also pay a monthly fee: $69.95 per-one hundred listings

Optional Services:

Hosting you domain (www.yourname.com) is available at $19.95 per month. Each domain will receive (4) email address with each domain.
Additional E-mail addresses at you@yourdomain.com are available at $3.95 per person.
All charges listed in Service Provider’s fees are exclusive of sales, use, excise, or other taxes. Customer shall pay any such taxes as invoiced by Service Provider.
All charges shall be invoiced to and paid by Customer on a monthly basis. Payment shall be due immediately upon receipt of the invoice by Customer.
Service Provider reserves the right to suspend its service to Customer without prior notice if Customer’s account becomes delinquent. Customer also agrees that it shall be liable for all costs of collection of any delinquency, including collection agency fees, reasonable attorneys’ fees, and court costs.
All charges more than 30 days will be subject to a late fee not more than fifteen dollars.
Any membership terminated for non-payment will be subject to a reinstatement fee of up to one thousand five-hundred dollars.

INDEMNIFICATION

The Customer is solely responsible for material sent through or displayed by the Service Provider under Customer’s user ID and/or password, even if a claim should arise after the termination of Customer’s membership.

By submitting material to the Service Provider, you certify and represent that you are the owner of such material, or have the specific consent of the owner. You agree to indemnify the Service Provider, and hold it harmless, for any claims arising against the Service Provider arising from any material you submit to the Service Provider. Do not submit material to the Service Provider that is the property of another, whether copyrighted, trademarked or other intellectual property without the specific consent of the owner. Doing so is a breach of this agreement, and may subject you to legal liability.

By submitting material to the Service Provider (except through private electronic communications) the Customer is irrevocably granting the Service Provider all rights to the material including the right to modify the material, use it commercially, and maintain the material in an archive. The Customer is also irrevocably granting everyone else (including non-members) permission to reproduce and / or redistribute all or parts of material submitted by you.

COPYRIGHT, TRADEMARK AND LIMITATIONS ON USE

The materials available through Amerisale Inc. are the property of Amerisale or its licensors and is protected by copyright, trademark and other intellectual property laws and cannot be transferred to another site without written consent. Information received through the Service Provider may be displayed, reformatted and printed for your personal, non-resale use only.

CUSTOMER AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. SERVICE PROVIDER AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACURACY, COMPLETENESS CURRENTNESS, NONINFRINGEMENT, MERCANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE.

NEITHER SERVICE PROVIDER NOR ITS AFFILIATES AGENTS AND LICENSORS SHALL BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY CLAIM, LOSS, OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY, ARISING OUR OF THE USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY THEIR NEGLIGENCE OR BY MATTERS BEYOND THEIR CONTROL.

NEITHER SERVICE PROVIDER OR ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION EXCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AMERISALE ANDS ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NO EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.

GENERAL PROVISIONS

This Agreement shall be construed under and be governed by the laws of the State of Texas.

This Agreement, including all attachments, constitutes the entire agreement of the Parties.

If any court determines that any provision in this Agreement is invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.

DATED: ______________19______ _______________________
Amerisale, Inc.

______________________________ _______________________
CUSTOMER By: