VIVE TV Network agrees to perform services defined in the Attached Proposal, and CUSTOMER agrees to pay the fees for the services in the sums described in the Attached Proposal for the TERM of the Agreement.
AGREE TO PERFORM AND PAY
The Terms and Conditions contained in this Agreement supersede all prior oral or written understandings between the parties and constitute the entire agreement between them concerning the subject matter of this Agreement and shall not be contradicted, explained or supplemented by any course of dealing between VIVE TV Network or any of its affiliates and CUSTOMER or any of its affiliates. There are no understandings or representations, express or implied, not expressly set forth in this Agreement. This Agreement shall not be modified or amended except in writing signed by the parties.
All materials delivered to VIVE TV Network by CUSTOMER ("CUSTOMER's Material") shall remain the property of CUSTOMER, and VIVE TV Network shall not have the right to use the CUSTOMER's Material except in performing the Development Services for CUSTOMER. The CUSTOMER warrants that all information and any other material provided to VIVE TV Network is owned by the CUSTOMER. All Work Product except for the CUSTOMER's Material shall be the sole property of VIVE TV Network, and VIVE TV Network reserves all rights in the Work Product, subject to the above license.
VIVE TV Network's price is subject to a variance of fifteen percent (15%) due to the interactive nature of creative, technical, and other development work for fixed-price, fixed-hour quote, or other estimated pricing. Costs for equipment may change due to market conditions and VIVE TV Network agrees to promptly provide CUSTOMER notice of any such price changes. Unless noted otherwise, fixed-price estimates are subject to change by VIVE TV Network if the requirements of the services to be performed change during the project based upon VIVE TV Network's understanding.
CUSTOMER is responsible for full payment of TERM regardless of early termination. Account will be automatically deactivated end of service term. All payments are non-refundable.
DENIAL OF SERVICE
We reserve the right to refuse service to anyone at any time for any reason.