IF YOU HAVE, OR PLAN TO HAVE, A WEBSITE AND WISH TO LINK TO OUR WEBSITE, PLEASE ENTER INTO THIS LINKING AGREEMENT AND PROVIDE YOUR INFORMATION BELOW.
This Agreement governs the limited permission Southern Comfort ("Brand") grants for establishing a hyperlink between a user's website and the "Brand's" website www.southerncomfort.com ("Site"). The "Brand" is the Brown-Forman Corporation brand featured on the Site. By creating a hyperlink between your website and the Site, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements (and submit the information required below), you may link to our site:
- This Agreement applies only to the Site.
- You may link by using only standard text hyperlinks, such as those shown above. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of the Brand either on the Site or in any website source code (such as a meta tag) and no such rights are granted herein.
- You agree that each site on which the link will appear shall conform and be in compliance with the following guidelines:
- Each site shall only market products to adults and shall have an independently audited demographic indicating at least 70% of its site visitors are of legal drinking age. The age when a person is considered an "adult" will vary among countries. When a country has adopted either a "minimum drinking age" or "minimum purchase age," such legal requirements will define what is an "adult" for purposes of this Agreement.
- Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold.
- No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group.
- No site will use sexual slang, situations or depictions, or exploit the human form in any manner that offends local standards of decency.
- With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Code of Responsible Practices for Beverage Alcohol Advertising and Marketing of the Distilled Spirits Council of the United States (DISCUS) available at http://www.discus.org/assets/1/7/May_26_2011_DISCUS_Code_Word_Version1.pdf.
- You agree not to use the link on any website that disparages the Brand, the Site, or the Brand's products or services, or which infringes on the Brand's or Brown-Forman Corporation's or its affiliates' intellectual property or other rights.
- You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.
- You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Sites.
- You may link only to the opening page for each of the Brand's Sites and you may not skip the web pages requiring the viewers of our Sites to verify their age.
- You may link to the Site only by accepting this Agreement and by providing the information requested in the registration form below.
- You agree to indemnify and hold the owners of the Brand and its affiliates ("Brand and Affiliates") harmless from and against any claims for damages or other claims, asserted against the Brand and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising you're your website being linked to the Site.
- The Brand reserves the right to terminate this Agreement and to seek the appropriate remedies against any action by you that does not conform to these terms and conditions.
- You agree that you have entered into this Agreement as a matter of your own free will, and that you will not challenge the validity of this Agreement or its binding effect or enforceability.
- Upon the termination of this Agreement, you shall immediately remove the link from your website(s).
- This Agreement cannot be modified except in a writing signed by both parties. This Agreement is subject to the substantive laws of the Commonwealth of Kentucky and the state and federal courts resident therein, and you agree to be subject to the personal jurisdiction of the Commonwealth of Kentucky, Jefferson County, and the federal court in Louisville, Kentucky with respect to this Agreement. No waiver of any right or action by either party shall be deemed a waiver of any other right or action, or of a continuing waiver of the right or action.