A. TERMS AND CONDITIONS OF SERVICE PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (the "TOS") BEFORE USING WWW.BLOOMBERGAFFILIATE.COM ( "SITE"). By clicking on the "I Accept" box at the end of the TOS, any user who visits this Site ("You" or "your") signifies HIS OR HER ACCEPTANCE OF THE TOS, AND SUCH ACCEPTANCE SHALL APPLY TO ANY OTHER INDIVIDUAL WHO MAKES USE OF SUCH USER'S LOGIN AND PASSWORD. Use of this Site is strictly limited to U.S. cable operators and television and radio broadcasters with whom Bloomberg L.P., Bloomberg Communications Inc., or any other Bloomberg affiliate (hereinafter, "Bloomberg"), has a separate affiliation or syndication agreement for distribution of Bloomberg programming ("Distributors") and their authorized users ("Authorized Users"). Such use by Distributors and Authorized Users is subject to the separate affiliation or syndication agreement for distribution of Bloomberg programming ("Affiliation or Syndication Agreement"). "You" or "Your" shall include Distributors and Authorized Users. By clicking on the "I Accept" box and continuing to access or use this Site, you represent that you have executed an Affiliation or Syndication Agreement with Bloomberg. The TOS are in addition to, and do not replace, the terms of the Affiliation or Syndication Agreement. In the event of a conflict between the TOS and the Affiliation or Syndication Agreement, unless otherwise stated herein, the Affiliation or Syndication Agreement shall govern. Bloomberg reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately upon the posting to this Site. Accordingly, please continue to review the TOS whenever accessing or using this Site. Your use of this Site, or any content or service on this Site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not use this Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Bloomberg and shall be of no force or effect. 1. General Purpose of this Site. Bloomberg has established this Site to provide marketing and promotional information for the exclusive use of its U.S. Distributors of Bloomberg programming. Distributors may review online, print out, or download marketing and promotional information posted on this Site in accordance with the restrictions described herein and on this Site. Bloomberg may also notify participating Distributors about marketing and promotional opportunities via e-mail. 2. Site Participation. You represent that you (a) are a current Distributor employee, agent or contractor with the responsibility of marketing or promoting Bloomberg programming; (b) you are an Authorized User; (c) have read and agree to be bound by the TOS; and (d) have completed this Site's registration process. Members of the general public, including children, and employees, agents, or contractors of Distributors who do not need to know about or access Bloomberg marketing and promotional information may not use this Site. 3. Intellectual Property. This Site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. The materials in the Service are owned either by Bloomberg or by third parties pursuant to a license or some other form of agreement between the third party and Bloomberg. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Bloomberg, at all times be and remain the sole and exclusive property of Bloomberg. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Bloomberg for its exclusive use. 4. Restrictions on Use. Except as specifically permitted herein, you shall not use Bloomberg's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes and unlicensed merchandise, for any purpose, without Bloomberg's prior written approval. This prohibition applies regardless of whether the derivative materials are sold, bartered, given away, or otherwise disseminated. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree not to use the Service for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Bloomberg. You agree to protect the Intellectual Property Rights of Bloomberg and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Bloomberg or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Bloomberg in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. Bloomberg reserves the right to update or amend the content of the Service and to determine, in its sole discretion, whether to require Distributors to use only such updated or amended content. 5. Further Restrictions on Use. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Service, except that you may download or print marketing and promotional information posted on this Site for the sole purpose of Distributor marketing and promotional activities, provided that you retain all copyright and other proprietary notices, and subject to restrictions provided in the TOS or posted elsewhere on this Site. This information shall not be edited or otherwise altered without the prior written consent of Bloomberg, unless expressly provided by the TOS or elsewhere on this Site. You shall submit each new form of use of Bloomberg's intellectual property, including but not limited to, copyrights, trademarks, service marks, and logos to Bloomberg for written approval prior to your first use of such new form. Additionally, you may not offer any part of the Service for sale or distribute it over any medium for which you are not authorized. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Service. Furthermore, you may not use any of Bloomberg's trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the Service or the information contained therein in unsolicited mailings or spam material. You agree to comply with any other applicable terms and conditions of service set forth on this Site. 6. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. 7. Fees and Payments. Bloomberg reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Bloomberg requires a fee for portions of the Service or the Service as a whole, Bloomberg will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service unless Bloomberg obtains your prior agreement to pay such charges. 8. Registration. As part of the registration process necessary to obtain access to the Service, you will select a username and a password. You will provide Bloomberg with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username that Bloomberg, in its sole discretion, deems offensive or inappropriate. Bloomberg reserves the right to deny creation of your registration based on Bloomberg's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your username and password. You shall immediately notify Bloomberg by submitting E-MAIL TO affiliate@bloomberg.net or by contacting bbLegal@bloomberg.net of any known or suspected unauthorized use(s) of your username and password, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You are fully responsible for all usage or activity associated with your username and password, including but not limited to use by an unauthorized user. You shall not share or transfer your username or password. In the event you inappropriately provide your username and/or password to another user, you acknowledge and agree that you and not Bloomberg are fully responsible for: (1) the online conduct of such user; (2) controlling the user's access to and use of this Site, including the offline use of this Site's materials; (3) the consequences of any misuse; and (4) insuring that such user reads and complies with the TOS. Bloomberg reserves the right to terminate your username and password, in its sole discretion, at any time without notice. Notwithstanding anything else herein, Bloomberg reserves the right to pursue any and all claims against any user of your username and password. 9. Disclaimers. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, are provided "AS IS" and "AS AVAILABLE," and that Bloomberg makes no warranty of any kind, express or implied, as to the Service, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Bloomberg does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. 10. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLOOMBERG, ITS AFFILIATES, SUPPLIERS AND THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF BLOOMBERG HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. YOU AGREE THAT BLOOMBERG SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF BLOOMBERG, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE; OR (II) ANY FAULT, INACCURACY, OMISSION, DELAY, OR ANY OTHER FAILURE IN THE SERVICE. BLOOMBERG IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, WIRELESS SERVICES, COMMUNICATIONS MEDIA AND EQUIPMENT YOU USE TO ACCESS THE SERVICE. YOU ARE RESPONSIBLE FOR OBTAINING ALL COMPUTER AND OTHER EQUIPMENT NECESSARY TO ACCESS THE SERVICE AND PARTICIPATE IN SERVICE ACTIVITIES. BLOOMBERG MAY RESTRICT ACCESS TO THE SERVICE AT BLOOMBERG'S SOLE DISCRETION AND WITHOUT ANY PRIOR NOTIFICATION OR LIABILITY. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Bloomberg's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this Site. 11. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS. 12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Bloomberg and its affiliates, employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Bloomberg, its affiliates, employees, representatives, Suppliers or agents, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your username or computer's use of the Service; (ii) a violation of the TOS by you or anyone using your computer or username; (iii) a claim that any use of the Service by you or someone using your computer or username infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer or username; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Bloomberg reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bloomberg in asserting any available defense. You acknowledge and agree to pay Bloomberg's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by Bloomberg under the TOS and any other terms and conditions of service on www.bloombergaffiliate.com, including without limitation, lawsuits arising from your failure to indemnify Bloomberg pursuant to the TOS. 13. Termination. Either you or Bloomberg may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service, destroying all materials obtained from the Service, and by sending a written termination notice to Bloomberg at affiliate@bloomberg.net. The TOS will terminate immediately without notice from Bloomberg if you, in Bloomberg's sole discretion, fail to comply with any provision of the TOS. Upon termination by you or Bloomberg, you must destroy promptly all materials obtained from the Service and any copies thereof. 14. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS. 15. United States' Export Control & Foreign Asset Control Regulations. Bloomberg does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not i) located in or a national or resident of any such country or ii) on any such list or acting on behalf of any person or entity on any such list. 16. Miscellaneous. You accept that Bloomberg has the right to change the content or technical specifications of any aspect of the Service at any time at Bloomberg's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Bloomberg to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You shall not assign your rights and obligations under the TOS without Bloomberg's prior written consent. Nothing contained in the TOS shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Sections two through five (2-5), eight through twelve (8-12), and fourteen through twenty (14-20) shall survive any termination of the TOS. 17. Headings. The section titles in the TOS are used solely for the convenience of you and Bloomberg and have no legal or contractual significance. 18. Linking and Framing of Web Site Prohibited. You may not link to or frame this Site. Any violation of this provision may, in Bloomberg's discretion, result in termination of your use of and access to this Site effective immediately. 19. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS shall remain in force. 20. Entire Agreement. The TOS and any other terms and conditions of service on www.bloombergaffiliate.com, and any successor site, constitute the entire agreement between you and Bloomberg regarding your use of the Service. The TOS and any other terms and conditions of service on www.bloombergaffiliate.com, and any successor site, are in addition to, and do not replace, the terms of the Affiliation or Syndication Agreement.

 

B. INQUIRIES REGARDING WWW.BLOOMBERGAFFILIATE.COM CONTENT

Contact affiliate@bloomberg.net for inquiries regarding www.bloombergaffiliate.com.

C. INTELLECTUAL PROPERTY ISSUES

21. General Inquiries.

Please send general inquiries regarding intellectual property issues to bbLegal@bloomberg.net.

22. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act).

The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Karl Kilb, Bloomberg L.P., 499 Park Avenue, New York, NY 10022, telephone (212) 318-2000, facsimile (212) 893-5371, e-mail: kkilb@bloomberg.net.

23. Trademark Notice.

BLOOMBERG®, BLOOMBERG NEWS®, BLOOMBERG FINANCIAL MARKETS®, B-TRADE, BTRD, BLOOMBERG BONDTRADER®, BLOOMBERG BUSINESS NEWS®, BLOOMBERG CONNEX®, BLOOMBERG EXCHANGETRADER, BLOOMBERG FAIR VALUE™, BLOOMBERG G.R.A.D.E.®, BLOOMBERG GOLD LIST®, BLOOMBERG INFORMATION RADIO®, BLOOMBERG INFORMATION TV®, BLOOMBERG INVESTIMENTI™, BLOOMBERG MARKETS™, BLOOMBERG MONEY®, BLOOMBERG PERSONAL®, BLOOMBERG PERSONAL BOOKSHELF®, BLOOMBERG PERSONAL FINANCE®, BLOOMBERG POWERMATCH®, BLOOMBERG PRESS®, BLOOMBERG PROFESSIONAL™, BLOOMBERG PROFESSIONAL LIBRARY®, BLOOMBERG RADIO, BLOOMBERG SMALL BUSINESS®, BLOOMBERG TELEVISION®, BTV, BLOOMBERG TRADEBOOK®, BLOOMBERG UNIVERSITY, BLOOMBERG WEALTH MANAGER™, COMPANY CONNECTION®, GLOBAL TRADEBOOK, GRADE®, MONEYCAST, MONEY, MARKETS & MORE®, NEWS THAT MOVES MARKETS, NEGOCIOS BLOOMBERG, OPEN BLOOMBERG®, SPEX™, THE POWER OF INFORMATION, THE BLOOMBERG®, THE BLOOMBERG FORUM®, THE BLOOMBERG TRAVELLER®, TRADING, and WORLD WIDE WEALTH™ are trademarks and service marks of Bloomberg L.P. All rights reserved.

D. PRIVACY POLICY FOR THE BLOOMBERG AFFILIATE WEB SITE

Click here for the Bloomberg Affiliate Web site privacy policy.