$35 USD per user per month
Discounts available for nonprofits
SendSites™ are private microsites for sales that can be created in less than a minute in Salesforce and Salesforce1.
Access License Agreement for SendSites by Third Social
1. Introduction and Acceptance. This Access License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity) (“You” or “Customer”) and Third Social, LLC. (“Third Social”) setting forth the terms and conditions under which Third Social will grant You the right to access and use certain Third Social software described in the accompanying or online documentation (“Software”). BEFORE YOU AGREE TO THE TERMS AND CONDITIONS, CAREFULLY READ THIS AGREEMENT. IF YOU ARE A CORPORATION, PARTNERSHIP LIMITED LIABILITY COMPANY OR OTHER ENTITY, THEN THE PERSON SIGNING THIS AGREEMENT ON THE ENTITY’S BEHALF REPRESENTS THAT HE OR SHE IS AUTHORIZED TO SIGN FOR AND BIND THE ENTITY. IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND THE ENTITY, THEN DO NOT AGREE TO THE TERMS AND CONDITIONS AND DO NOT ACCESS OR USE THE SOFTWARE. BY ACCESSING OR USING THE SOFTWARE IN ANY MANNER, YOU ARE SIGNING THIS AGREEMENT, AND ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
2. Software. Subject to the restrictions set forth below and the payment of all applicable fees, Third Social grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to download the Software for installation in Your salesforce.com instance (“SFDC Instance”) for use by You in connection with Your SFDC Instance for the number of users for which you have paid applicable subscription fees for Your internal business purposes.
3. Software Availability. You acknowledge that access to and use of the Software is dependent on the availability and proper functioning of Your SFDC Instance and that Third Social has no control over your SFDC Instance or the salesforce.com service. Third Social disclaims responsibility and liability for any inability to access or use the Software, or degradation of the performance of the Software, to the extent caused by issues, problems, or malfunctions of, or inaccessibility to, Your SFDC Instance or other third party owned or controlled technology. You are solely responsible for the configuration of Your SDFC Instance and all technology and services necessary to access and use the Internet and Your SFDC Instance.
4.1 The rights granted hereunder do not constitute a transfer or sale of Third Social’s or its licensors’ ownership rights in or to the Software, including, without limitation: (a) the Software and the applicable documentation; (b) Third Social name, logo, domain name, Third Social product names and other trademarks; and (c) hardware, processes, algorithms, user interfaces, know-how and other trade secrets or technology (collectively, “Third Social Technology”). The Third Social Technology is protected by applicable intellectual property laws, including, but without limitation, United States copyright laws and international treaties. Except for the rights granted above, Third Social and its licensors retain all right, title and interest in and to Third Social Technology, including all intellectual property rights therein.
4.2 As between Third Social and You, You own the information in Your SFDC Instance and Third Social makes no claim of ownership to any information in Your SFDC Instance. You acknowledge and agree that the Software will access and use Customer information from your SFDC instance, but solely to the extent necessary for the Software to perform as intended. This access and use does not permit the Software, or Third Social, to access or use such Customer information outside of Customer’s SFDC instance or for any other purpose, except as expressly permitted in writing by Customer. You are solely responsibility for the accuracy of all information in Your SFDC Instance.
5. Restrictions; Responsibilities.
5.1 YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, CHARGE, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, user interface techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions or gain unauthorized access to the Software, computer systems or networks related to the Software; (d) modify or create derivative works based on the Software; (e) copy or distribute the Software; (f) allow use of the Software by anyone other than user(s) authorized and paid for by You; (g) knowingly transmit through the Software unlawful, libelous, tortious, defamatory, threatening, vulgar, or obscene material or material containing viruses or other harmful code; or (h) otherwise use the Software other than as permitted in Section 2. You acknowledge that Third Social may utilize technological license control features that can limit Your access to or use of Software to ensure Your compliance with this Agreement.
5.2 You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Software, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Software, and will notify Third Social promptly of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Third Social immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of content that is known or suspected by you or your users; and (iii) not impersonate another Third Social user or provide false identity information to gain access to or use the Software. You will not attempt to or use your access to the Software to knowingly interfere with or disrupt the integrity or performance of the Software or the data contained therein.
6. Fees and Payment.
6.1 If Customer subscribes to the Software with an annual contract, Customer shall pay in advance an annual fee to access and use the Software for each user that will access or use the Software. Fees are described in the applicable Order Form and/or the Software listing on the Salesforce AppExchange. Third Social will invoice You annually, and You will not be given access to the Software until You have paid the applicable fees. The first annual fee shall start to accrue as of the first day indicated on the Order Form. The fees do not include any taxes or duties of any kind, which may be imposed by any governmental entity on the transactions contemplated by this Agreement, and Customer shall be solely responsible for all such taxes other than taxes based solely on Third Social’s income. All amounts paid are non-refundable. Customer may purchase additional user licenses at any time on a pro-rata basis so that all licenses will have the same expiration date. All amounts are quoted in and must be paid in US dollars. In addition to any other rights granted to Third Social herein, Third Social reserves the right to suspend your access to and use of the Software if you fail to pay any undisputed amount owed on or before its due date.
6.2 If Customer subscribes to the Software with a monthly subscription, Customer shall pay in advance a monthly fee to access and use the Software for each user that will access or use the Software. Fees are described in the Order Form and/or the Software listing on the Salesforce AppExchange. Monthly subscriptions must be paid by credit card, and generally carry a higher total cost than annual subscriptions. Your designated credit card will be billed monthly, and You will not be given access to the Software until You have paid the applicable fees. The first monthly fee shall start to accrue as of the first day indicated on the Order Form. The fees do not include any taxes or duties of any kind, which may be imposed by any governmental entity on the transactions contemplated by this Agreement, and Customer shall be solely responsible for all such taxes other than taxes based solely on Third Social’s income. All amounts paid are non-refundable. Customer may purchase additional user licenses at any time on a pro-rata basis so that all licenses will have the same expiration date. All amounts are quoted in and must be paid in US dollars. In addition to any other rights granted to Third Social herein, Third Social reserves the right to suspend your access to and use of the Software if you fail to pay any undisputed amount owed on or before its due date.
7.1 If Customer subscribes to the Software with an annual contract, the initial term of this Agreement shall be one (1) year from the date of first access by Customer. This contract shall automatically renew for additional successive one-year (1 year) terms at the Third Social then-current list price, unless terminated by either party upon 30 days written notice prior to the expiration of the then current term.
7.2 If Customer subscribes to the Software with a monthly subscription, the initial term of this Agreement shall be the number of days remaining in the current month from the date of subscription. This subscription will automatically renew every month for additional successive one (1) month terms at the Third Social then-current list price, unless terminated by either party upon written notice two (2) days prior to the billing date.
8. Termination. Either party shall have the right to terminate this Agreement in the event of a breach by the other party, which breach has not been cured within 30 days of the receipt of written notice thereof, except in the case of Customer’s failure to pay any fees when due hereunder, which must be cured within 5 days after receipt of written notice from Third Social. Either party may terminate this Agreement if the other party becomes the subject of an involuntary petition in bankruptcy or other proceeding relating to insolvency, receivership, or liquidation, if such petition is not dismissed within 60 days of filing. Upon termination of this Agreement for any reason, the rights granted to Customer hereunder will immediately terminate and Customer shall immediately discontinue any use of the Software. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Third Social prior to the effective date of termination.
9. Support; Updates. Third Social will provide email and telephone support to Customer for current versions of the Software. Third Social will investigate all of Customer’s questions and problems promptly. Customer agrees to provide adequate information to Third Social to assist in the investigation and to confirm that any problems have been resolved. Third Social does not provide guaranteed response time but will make good faith effort to answer emails and voice mails within twenty-four (24) hours or less during weekdays, excluding holidays.
Third Social may, in its sole discretion, from time to time update the Software and may include such updates, free of charge, in the Software, provided Customer has paid all applicable fees then due hereunder.
10. Confidentiality. “Confidential Information” means information disclosed by either party to the other, whether orally, electronically or in writing, which is designated as confidential or would reasonably be considered to be confidential under the circumstances by a reasonable person. Third Social’s “Confidential Information” shall include, but not be limited to, Software, documentation, technology and technical information, product designs and business processes. Each party agrees to use Confidential Information solely to perform obligations and exercise rights under this Agreement and not to disclose, or permit to be disclosed, either directly or indirectly, Confidential Information to any third party without the other’s prior written consent. Each party shall safeguard the Confidential Information of the other party using the same measures it uses to protect its own confidential information, but in no event less than reasonable care. Notwithstanding the foregoing, neither party bears responsibility for safeguarding information that is publicly available without breach of an obligation owed to the disclosing party hereunder, obtained from third parties not under confidentiality restrictions, independently developed or known to the recipient without breach of an obligation owed to the disclosing party, or required to be disclosed by order of court or other governmental entity. If either party breaches, or threatens to breach the provisions of this Section 10, each party agrees that the non-breaching party will have no adequate remedy at law and is therefore entitled to immediate injunctive and other equitable relief.
11. Customer Warranties. Customer shall be solely responsible for all activities in connection with the Software that occur under Customer’s username(s). Without limiting the generality of the foregoing, Customer shall: (i) comply with all applicable laws and regulations; and (ii) be solely responsible for the accuracy, reliability, and quality of any information or data submitted by Customer to Third Social or processed using the Software. Customer warrants that any data, content, or materials used, stored or created by Customer using the Software will not infringe the copyright, trade secret, patent, privacy, publicity, or other proprietary or intellectual property right of any third party.
12. Breach of Customer Warranties. In the event of any breach, or reasonably anticipated breach, of any of Customer’s warranties or obligations, or Customer infringes or misappropriates Third Social’s intellectual property rights, in addition to any other remedies available at law or in equity, Third Social will have the right to immediately, at Third Social’s sole discretion, suspend Customer’s access to or use of the Software and/or terminate this Agreement, if deemed reasonably necessary by Third Social to prevent any harm to Third Social or its business.
13.1 Customer shall indemnify and hold Third Social and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorneys’ fees and costs), arising out of a claim or demand alleging that any data or content submitted by Customer to Third Social infringes, misappropriates, or violates any rights of a third party including any third party intellectual property rights.
13.2 If any action is instituted by a third party against You based upon a claim that the Software, as provided, infringes a United States patent, copyright or trademark, then Third Social will defend such action at its own expense on behalf of You and will pay all damages attributable to such claim which are finally awarded against You or paid in settlement of such claim. Third Social may, at its option and expense, and as Your exclusive remedy hereunder: (a) procure for You the right to continue using the Software; (b) replace or modify the Software so that it is no longer infringing but continues to provide comparable functionality; or (c) terminate this Agreement and Your access to the Software and refund any amounts previously paid for the Software attributable to the remainder of the then-current term of this Agreement. Third Social will have no liability to You for any infringement action that arises out of a breach of the terms and conditions of this Agreement by You or of the use of the Software (i) after it has been modified by You or a third party without Third Social’s prior written consent, or (ii) in combination with any other service, equipment, software or process not provided by Third Social where the combination is the basis for the infringing activity. This Section sets forth the entire obligation of Third Social and Your exclusive remedy against Third Social or any of its suppliers for any infringement claim.
14. LIMITED WARRANTY.
14.1 THIRD SOCIAL WARRANTS THAT THE SOFTWARE PROVIDED IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE. THIRD SOCIAL WARRANTS THAT THE SYSTEM AS A WHOLE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH DOCUMENTATION. FURTHERMORE, THIRD SOCIAL WILL UNDERTAKE REASONABLE COMMERCIAL EFFORTS CONSISTENT WITH INDUSTRY STANDARDS TO SCAN FOR AND RESOLVE ANY SECURITY RISK ASSOCIATED WITH THE SOFTWARE PROVIDED.
14.2 START OF THE WARRANTY PERIOD. THE WARRANTY PERIOD BEGINS THE DAY YOU FIRST ACCESS OR USE THE PRODUCT.
14.3 REMEDY. IN THE CASE OF ERROR OR DEFECT, THIRD SOCIAL WILL EITHER REPLACE OR REPAIR, WITHOUT ADDITIONAL CHARGE AND WITHIN A REASONABLE TIMEFRAME, ANY SOFTWARE THAT DOES NOT PERFORM IN SUBSTANTIAL COMPLIANCE WITH ITS DOCUMENTED SPECIFICATIONS. IN THE FOREGOING CIRCUMSTANCES, THIRDSOCIAL WILL DELIVER EITHER CORRECTIVE CODE OR A CORRECTED COPY OF THE SOFTWARE. IF THIRD SOCIAL IS UNABLE TO REMEDY THE ERROR OR DEFECT WITHIN A REASONABLE AMOUNT OF TIME, THIRD SOCIAL, AT IT’S SOLE DISCRETION, WILL EITHER REPLACE THE SOFTWARE WITH A FUNCTIONALLY SIMILAR PROGRAM OR REFUND THE LICENSE FEES PAID FOR USE OF THE SOFTWARE DURNG THE CURRENT SUBSCRITION UP TO A MAXIMIMUM OF ONE (1) MONTH FOR A MONTHLY SUBSCRIPTION AND UP TO A MAXIMUM OF TWELVE (12) MONTHS FOR AN ANNUAL SUBSCRIPTION.
15. LIMITATION OF LIABILITY. EXCEPT FOR THIRD SOCIAL OBLIGATIONS UNDER SECTION 14.1, UNDER NO CIRCUMSTANCES WILL THIRD SOCIAL, ITS LICENSORS, OR SALESFORCE.COM BE LIABLE FOR LOSS OF PROFITS, BUSINESS OR DATA (EVEN IF THE SAME WERE JUDGED BY A COURT TO BE DIRECT LOSSES) OR FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER SUCH PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THIRD SOCIAL’S OBLIGATIONS UNDER SECTION 14.3, IN NO EVENT SHALL THIRD SOCIAL, ITS LICENSORS’ OR SALESFORCE.COM’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER FOR THE SOFTWARE FOR THE IMMEDIATELY PRECEDING 12 MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THEIR ESSENTIAL PURPOSE. THE ABOVE WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY AND DAMAGES INURE TO THE BENEFIT OF THIRD SOCIAL’S LICENSORS AND SALESFORCE.COM. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights that vary from state to state.
16. Data Protection.
16.1 Third Social may have access to (i) certain data regarding customers, including, but not limited to: (i) names, addresses, email addresses, phone numbers and other personally identifiable information, as well as financial data, and customer proprietary network information (“CPNI”) (collectively, "Customer Data"). Customer Data is considered Confidential Information as defined in the Agreement.
16.2 Third Social agrees that (i) it shall only access and use the Customer Data shared through this Agreement for purposes directly related to performing its obligations under this Agreement and for no other purpose, (ii) the Customer Data shall be maintained in a secure manner and via a secure system and it shall implement and maintain commercially reasonable information safeguards, and comply with all applicable laws to protect the Customer Data on from unauthorized access, destruction, use, modification, or disclosure and (iii) Third Social shall not use disclose or in any way provide access to any Customer Data to any third party.
16.3 Third Social maintains physical, technical, and administrative information safeguards that provide for: (a) protection of business facilities, paper files, servers, computing equipment, including all mobile devices and other equipment with information storage capability, and backup systems containing the Customer Data; (b) network, application, and platform security; (c) business systems designed to optimize security; (d) secure, encrypted transmission of Customer Data; (e) authentication and access control mechanisms, including use of unique, robust passwords.
17. Survival. The following provisions will survive any expiration or termination if this Agreement: Sections 4 (Ownership), 5 (Restrictions), 6 (Fees and Payment), 8 (Termination), 10 (Confidentiality), 11 (Customer Warranties), 13 (Indemnity), 14 (Warranty Disclaimer), 15 (Limitation of Liability), 17 (Survival), 18 (General).
18. General. This Agreement shall be governed by Colorado law without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado USA. This Agreement may not be assigned by either party without the prior written approval of the other party, (such approval not to be unreasonably withheld) except in connection with (i) a merger, consolidation, or similar transaction involving (directly or indirectly) a party, (ii) a sale or other disposition of all substantially all of the assets of a party, or (iii) any other form of combination or reorganization involving (directly or indirectly) such party. Any purported assignment in violation of this section shall be void. No text or information set forth on any other purchase order, preprinted form or document (other than an associated Third Social’s quote or invoice, if applicable) shall modify the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The parties are independent contractors and this Agreement does not create any joint venture, partnership, employment, or agency relationship between you and Third Social. The failure of Third Social to enforce any right or provision in this Agreement shall not constitute a waiver of that or any future right or provision unless acknowledged and agreed to by Third Social in writing. This Agreement, together with any associated Third Social’s quote or invoice, comprises the entire agreement between you and Third Social and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, required or permitted under this Agreement must be delivered in writing by courier, facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to the other party at its address set forth in this Agreement. Notice hereunder will be effective (a) upon receipt or 3 days after being deposited in the mail as required above with the postal authority of the receiving party’s country, whichever occurs sooner, or (b) if delivered by email, upon receipt of email if delivered by email with a fax confirmation sent on the same day. Any notice to Third Social will be delivered to Third Social, LLC, 225 Wall Street, Unit 200, Vail, Colorado 81657. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any Force Majeure.