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...my daughter is so excited (and it's a month away still) that I think she will have problems sleeping at night.
Thanks for making her party an easier (and less expensive) task than I thought I was in for.

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Everything you need to entertain as many friends as you want!
Complete kits with full instructions available for immediate download.

We can make you the perfect host in less than ten minutes from now!
Party files can be downloaded when you place your order.

Easy!
All you need is a printer and the Adobe Acrobat Reader. Acrobat is free on the web and most computers come with it already installed. Press the print button and out comes your theme party.

1. Purpose: Author/Creator (YOU) and Provider (SimpliFun) have formed this agreement to work together to promote and sell games and goods provided by Author/Creator. In this arrangement, Author/Creator agrees to games and goods content to Provider and keep current all materials required to play their game. Provider may host game content in a website and pay all fees associated with selling said game.

2. Term: This Agreement shall be effective on DATE and shall expire upon termination as specified in termination section.

3. Payments: Provider will pay Author/Creator 60% of net revenue received for all non-refunded games sold on a quarterly basis and 65% plus agreed shipping on all non-refunded shipped products. The payment will be made one month after the end of each quarter to ensure games were not refunded. The first quarter will begin on January 1st and end on March 31st with payment on or about April 30th. The second quarter will begin on April 1st and end on June 30th with payment on or about July 31st. The third quarter will begin on July 1st and end on September 31st with payment on or about October 3 1st. The fourth quarter will begin on October 1st and end on December 31st with payment on or about January 31st of the following year. All payments will be made through PayPal unless otherwise arranged.

4. Price and Promotions: Provider will offer game at price agreed to by Author/Creator. Provider will not change price but may run full web site price promotion and/or category specific promotions without consent from Author/Creator. Individual promotions may not be run without consent of the Author/Creator.

5. Quality of Content: Content shall be written in a professional manner appropriate for the intended target audience. It should be consistent with industry standards set by commercial games, and meet the satisfaction of Provider and it's Customer. Provider reserves the right to inspect Content at any time, and request removal of any content in whole or part if it deems inappropriate. Author/Creator will be notified of any Content that is in question. Author/Creator assures that the content is free of profanity, spelling errors and gross grammatical flaws.

6. Provider's Information and Property: Author/Creator agrees that any and all business or technical information and techniques (including, but not limited to, website engine, marketing plans, financial data, samples, computer programs or documentation) provided to Author/Creator hereunder, are confidential and proprietary, and may include Provider or third party trade secrets. Author/Creator shall take all necessary precautions to safeguard the confidentiality and proprietary nature of such information made available to Author/Creator or to which Author's employees or agents have access. All Author's employees and agents performing Services shall be informed of this obligation.

7. Author's Intellectual Property: All game materials given to Provider by Author/Creator are the exclusive property of the Author/Creator and shall be protected as such by the Provider. Provider will not resell or share in any way, outside of the arrangement of this agreement, the game materials without the express written consent from Author. Provider shall be free to use the concepts, techniques, and know-how used and developed in the work product in future work.

8. Individual Entities: Author/Creator and Provider hereby declare and agree that this is an engagement of independent entities and will perform their respective obligations under this Agreement as an independent entity and not as the agent or employee of the other; that neither party has the authority to act for the other party or to bind the other party in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the other. Each party shall be solely responsible for all matters relating to payment of its employees and agents, including compliance with worker's compensation, unemployment, disability insurance, social security withholding, and all other federal, state and local laws, rules and regulations. Each party shall indemnify and hold harmless from the other any causes of action arising outside the boundaries of this agreement.

9. Liability: Except to the extent of Provider's negligence or website service problems, Author/Creator shall indemnify, hold harmless and defend Provider, its officers, directors and employees from any and all claims, demands, litigation, expenses and liabilities (including costs and attorneys' fees) of every nature arising from the Game Content produced by the Author; Author's actions or omissions; Author's breach of any term of this Agreement; or infringement of patent, copyright, trademark or other proprietary rights.

10. Limitation of Liability: Neither party is liable to the other for consequential, incidental, indirect, punitive or special damages, including commercial loss and loss profits, however caused and regardless of legal theory or foreseeability, which directly or indirectly arises under this Agreement. Notwithstanding the foregoing, the parties are liable in accordance with the provisions of this Agreement and this limitation of liability shall not apply to Author's liability provisions of this Agreement.

11. Compliance with Laws: Author/Creator shall, at its expense, obtain all permits and licenses, pay all fees, and comply with all federal, state and local laws, ordinances, rules, regulations and orders ("Laws") applicable to Author's performance under this Agreement. Author/Creator hereby certifies compliance with all such Laws, including but not limited to Laws relating to: The Telecommunications Act of 1996, hazardous materials, substances or wastes, clean air and water; health and safety or environmental protection; payment of payroll and other taxes; equal employment opportunity, non-discrimination, affirmative action, non-segregated facilities and employment of veterans and the disabled; and the regulations and contract clauses required by government contracts, where applicable, arc incorporated herein by this reference.

12. Termination for Convenience; Cancellation: Provider may terminate this Agreement, in whole or in part, for its convenience upon thirty (30) business days prior written notice. Upon termination execution. Provider will fully remove all Author/Creator content and no longer promote Author's games. Provider will pay Author/Creator any outstanding revenue owed according to payment schedule specified in payment section. Either party may cancel this Agreement immediately, in whole or in part, for default, breach, insolvency, bankruptcy, inability to pay debts, or similar financial circumstances by the other. If the default or breach is reasonably capable of cure, the non-defaulting party shall give the other party written notice and seven (7) business day opportunity to cure.

13. Dispute Resolution: If any claim, controversy or dispute between the parties, their agents, employees, officers, directors, or affiliates ("Dispute") cannot be settled through negotiation, it shall be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then current rules of the American Arbitration Association ("AAA"). The Federal Arbitration Act, 9 U.S.C. Sees. 1-16 shall govern the arbitrability of all Disputes. The arbitrator shall not have the authority to award punitive damages. All expedited procedures prescribed by the AAA rules shall apply. The arbitrator's decision and award shall be final and binding and judgment may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney's fees, and shall share equally in the fees and expenses of the arbitrator. The laws of the State of California shall govern the construction and interpretation of this Agreement, and the arbitration shall occur in San Jose, California. Notwithstanding the foregoing, the parties may cancel or terminate this Agreement in accordance with its terms and conditions without being required to follow the procedures set forth in this Article.

14. Notices: Any notices required under this Agreement shall be sent to the addresses of the parties slated below.

15. Waivers: The failure of either party to exercise any right shall not be construed to be a waiver unless agreed upon in writing. A waiver in any one instance shall not constitute an amendment to this Agreement or indicate any continued waiver of such right(s) on any other occasion.

16. Modifications or Amendments: No modifications or amendments shall be made to this Agreement unless in writing and signed by the Parties.

17. Survival: The provisions of this Agreement that, by their sense and context, are intended to survive performance by either or both parties shall also survive the completion, expiration, termination or cancellation of this Agreement.

18. Supercedure: This Agreement shall constitute the entire agreement between the Parties with respect to the Services to be provided. This Agreement supersedes all prior oral or written communications or agreements of the Parties with respect to the Services. Provider objects to and rejects all terms in any acknowledgment or acceptance of an Order, or any other document received from Author, which are in addition to or inconsistent with this Agreement.

19. Signoff: The parties, intending to be legally bound, have caused this Agreement to be executed by their authorized representatives on the dates set forth below.

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SimpliFun Studios
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SimpliFun Children's Home Birthday Party Games Help you Give a Great Kids Birthday Party Without Knocking Yourself Out...
Even the Host Has a Great Time with Party Kits!!