Beta Test Agreement

WEBSITE BETA TESTER NONDISCLOSURE AGREEMENT

This is an agreement, effective, between Waterfowl Stamps and More and you (the "Tester"), in which Tester agrees to test this website known as waterfowlstampsandmore.com (the "Website") and keep Waterfowl Stamps and More aware of the test results.

1. Waterfowl Stamps and More's Obligations

Waterfowl Stamps and More shall provide Tester with an login to the website prior to website launch and any necessary support/instruction on how to use the website.

2. Tester's Obligations

Tester shall test the website under normally expected operating conditions in Tester's environment during the test period. Tester shall gather and report test data as agreed upon with Waterfowl Stamps and More.

3. Website a Trade Secret

Website is proprietary to, and a valuable trade secret of, Waterfowl Stamps and More. It is entrusted to Tester only for the purpose set forth in this agreement. Tester shall maintain website in the strictest confidence. Tester will not, without Waterfowl Stamps and More's prior written consent:

(a) disclose any information about website, its design, its images, its code, and the existence of the beta test and its results to anyone other than the Tester's employees who are performing the testing and who shall be subject to nondisclosure restrictions at least as protective as those set forth in this agreement;

(b) copy any portion of the website, its images, or text, except to the extent necessary to perform beta testing; or

4. Security Precautions

Tester shall take reasonable security precautions to prevent the website from being seen by unauthorized individuals whether accessed from any device (mobile, desktop, laptop, or other electronic access, or offline access). Tester shall log out of the website when not in use. Tester shall not share their login with any others who have not signed the nondisclosure agreement. Tester shall choose a secure password, unique to the website, if unable to choose a secure password, Waterfowl Stamps and More will choose a secure password and administer the password to the Tester.

5. Term of Agreement

The test period shall last from DATE until DATE. This agreement shall terminate at the end of the test period or when Waterfowl Stamps and More asks Tester to stop testing the website, whichever occurs first. The restrictions and obligations in clauses 4, 7, 8, 9, and 10 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Tester, its successors, heirs and assigns.

6. Termination of User Login Access

Upon the conclusion of the testing period or at Waterfowl Stamps and More shall disable user login access to the website, unless otherwise specified by Waterfowl Stamps and More.

7. Disclaimer of Warranty

Website is a test product and its accuracy, reliability, and speed are not guaranteed. Tester shall not rely exclusively on website for any reason. Tester waives any and all claims Tester may have against Waterfowl Stamps and More arising out of the information or images of the website.

WEBSITE IS PROVIDED AS IS, AND WATERFOWL STAMPS AND MORE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

Waterfowl Stamps and More shall not be responsible for any loss or damage to Tester or any third parties caused by the website. WATERFOWL STAMPS AND MORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE WEBSITE OR ANY PERFORMANCE OF THIS AGREEMENT.

9. No Rights Granted

This agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Waterfowl Stamps and More's trade secrets to Tester. Tester may not sell or transfer any portion of this website, its images, its text, or its contents to any third party or use the website in any manner to produce, market, or support its own products. Tester Shall not identify the website as coming from any source other than Waterfowl Stamps and More.

10. No Assignments

This agreement is personal to Tester. Tester shall not assign or otherwise transfer any rights or obligations under this agreement.

11. General Provisions

(a) Relationships: Nothing contained in this agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

(b) Integration: This agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This agreement may not be amended except in a writing signed by both parties.

(c) Waiver: The failure to exercise any right provided in this agreement shall not be a waiver or prior or subsequent rights.

(d) Governing Law: This agreement shall be governed in accordance with the laws of the State of California.

(e) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Sonoma County, CA in any action arising out of or relating to this agreement. The parties waive any other venue to which either party might be entitled to domicile or otherwise.

BY FILLING IN THE FIELDS BELOW, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THIS SHALL ACT AS A DIGITAL SUBMISSION OF YOUR SIGNATURE.

[ninja_forms id=9]