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NOTICE
— READ BEFORE CLICKING
CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND FILL IN ALL BLANKS ON THE FIRST TWO PAGES
BEFORE CLICKING “I AGREE.” CLICKING “I
AGREE” INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS OF THIS AGREEMENT
AND ANY EXHIBITS ATTACHED HERETO. IF YOU
DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS AGREEMENT, CLICK “I DO NOT
AGREE” AND YOU WILL BE RETURNED TO
THE PRIOR WEBPAGE. YOU WILL NOT BE ACCEPTED
FOR ASSOCIATE OR AFFILIATE LEVEL MEMBERSHIP
(AS THE CASE MAY BE) IN THE INITIATIVE UNLESS
YOU ACCEPT THE TERMS AND CONDITIONS STATED
HEREIN. IF THE INITIATIVE ACCEPTS THIS AGREEMENT,
WE WILL PROVIDE YOU WITH A COMPLETE COPY
OF THIS WEB FORM AND ANY ATTACHMENTS INDICATING
THAT YOU HAVE BEEN ACCEPTED FOR ASSOCIATE OR AFFILIATE LEVEL MEMBERSHIP.
Climate
Savers Computing Initiative
Associate
Level Membership Agreement: (Annual Dues
$2,500)

By the signature of its authorized representative
below, Applicant (including its Affiliates
as defined in the Bylaws) agrees to be
bound by the terms hereof as well as
the terms and conditions stated in the
Articles of Incorporation and Bylaws
("Organizational Documents")
of the Climate Savers Computing Initiative
("the Initiative") as may apply
to the Members set forth in the Organizational
Documents, copies of which are available
for review at /program/legal.html.
Applicant is encouraged to review these
materials prior to the execution of this
Agreement. Except as otherwise defined
herein, all capitalized terms shall have
the meanings given to them in the Bylaws.

In the case of Associate Members, no Membership
Agreement is binding on the Initiative
unless accompanied by a payment of the
first year dues of TWO THOUSAND FIVE HUNDRED
AND NO/100 DOLLARS (2,500.00) US as set
forth above. By signing below, the individual
executing this Agreement on behalf of Applicant
warrants that he or she has all requisite
signing authority for and on behalf of
the entity seeking to participate. The
parties acknowledge that the benefits and
obligations of the parties hereto constitute
good and valuable consideration for this
Agreement.

The term of Membership shall be one year*.

Member commits to using and encouraging
the use of power-management tools per the
Program Criteria
(as defined in the Bylaws) on its personal
computers and to purchasing energy-efficient
computers and servers per Program Criteria
in the future.

In Addition, Member specifically commits
to the following (check applicable statements
below):

a computer/server
or component manufacturer, commits
to working to develop products that
meet or exceed the Initiative’s
Program Criteria.
an enterprise, commits
to requiring high-efficiency systems
for a majority of its corporate personal
computer and volume server computer
purchases as set forth in the Program
Criteria, and also encouraging and
educating employees concerning the
use of power-management tools on its
personal computers per the Program
Criteria.
an environmental or
consumer organization commits to educating
end-users about the benefits of energy-efficient
computers and power-management tools
for business and home use.
an energy company commits
to providing rebate programs for purchasers
of products that meet or exceed the
Initiative’s Program Criteria.
Associate
Level Members that intend to use the Mark
(defined below), must self-certify for each
fiscal year of the Initiative that it has
met or exceeded the Initiative’s Program
Criteria.

The Initiative intends to establish a program
wherein a percentage of Members that use
the Mark will be audited on a periodic basis
to verify such Member’s compliance
with the Program Criteria (“Verification
Program”). The Initiative also intends
to establish a third party testing program
to test compliance of manufacturer’s
products against Program Criteria (“Compliance
Program”). Members hereby agree to,
upon request, provide documentation sufficient
for the Initiative to meet the goals of the
Verification Program. Further, Members that
are manufacturers hereby agree, that upon
request, it will submit its products to such
third party testing program as determined
by the Initiative Board of Directors and
to provide such third party testing program
with requested documentation including, without
limitation, its internal testing information.
Enterprises hereby agree, upon request, to
submit documentation to confirm compliance
with purchasing goals and education activities.
All information disclosed by Members pursuant
to the Verification Program and Compliance
Program will be deemed confidential information
to be used only for purposes of verifying
Members’ self-certification and only
disclosed to such auditor and/or third party
tester as is appointed by the Board of Directors.

Agreement
to Provide License to Initiative
Mark.
The Initiative
intends to adopt a trademark (“Initiative
Mark”). Member shall be granted
a license to use the Initiative
Mark pursuant to a license agreement
substantially in the form and substance
as the license agreement attached
hereto as Exhibit
A (“License Agreement”)
,
conditioned on Member meeting and
self-certifying that it has met
or exceeded the Program Criteria.

Notice Embargo Period. Both the Initiative
and Applicant acknowledge and agree
that any public announcement of Member’s
involvement in the Initiative shall
remain confidential until a date which
will be set in the first meeting of
the Initiative Board of Directors’.
Members who execute this Agreement
after June 12, 2007, shall not be subject
to this embargo period.

Use of Name. After June 12, 2007, Member
may publicly disclose that it is a
Member of the Initiative and the Initiative
shall have the right to include the
Member’s name and logo in any
lists of Members published by the Initiative
and to announce that Member has joined
the Initiative.

Governing Law/Jurisdiction. The laws
of the State of Oregon govern this
Agreement, without reference to the
conflict of law principles thereof.
Any action or litigation concerning
this Agreement must take place exclusively
in the federal or state courts in Portland,
Oregon, and the parties expressly consent
and agree to the exclusive jurisdiction
of and venue in such courts and waive
all defenses of lack of personal jurisdiction
and forum non conveniens with respect
to such courts. The Member hereby consents
to and agrees to service of process
by mail or other method acceptable
under the laws of the State of Oregon.
Assignment. This Agreement is binding
upon and inures to the benefit of each
Member’s successors and lawful permitted
assigns; however, the Member may not
assign the Agreement, or any rights
or obligations under it, whether by
contract or by operation of law, except
with the express written consent of
the Corporation.

Severability. In the event that any
provision of this Agreement conflicts
with governing law or if any provision
is held to be null, void or otherwise
ineffective or invalid by a court of
competent jurisdiction, (i) such provision
will be deemed to be restated to reflect
as nearly as possible the original
intentions of the Members in accordance
with applicable law, and (ii) the remaining
terms, provisions, covenants and restrictions
of this Agreement will remain in full
force and effect.

No Joint Venture. Neither this Agreement,
nor any terms and conditions contained
herein, will be construed as creating
a partnership, joint venture, agency
relationship or as granting a franchise.

Entire
Agreement/Waiver. This Agreement, along
with its exhibits and the Initiative
Bylaws and Articles of Incorporation,
which are incorporated herein by this
reference, constitutes the entire agreement
between the Members with respect to
the subject matter hereof. Except as
set forth in this Agreement or the
attachments hereto, this Agreement
will not be modified except by a written
agreement dated subsequent to the date
of this Agreement and signed by each of
the parties by their respective duly
authorized representatives, provided
that the Bylaws may be amended from
time to time pursuant to the procedures
set forth therein and under Oregon
law. No waiver of any breach of any
provision of this agreement will constitute
a waiver of any prior, concurrent or
subsequent breach of the same or any
other provisions hereof, and no waiver
will be effective unless made in writing
and signed by an authorized representative of
the waiving party.
Acceptance.
You will receive electronic confirmation
of the Initiative’s acceptance
or rejection of this Agreement. Please
keep a copy of that confirmation for
your records.
 
All
fields required unless noted
Company
Name
Primary
Rep Contact Name
Primary
Rep Title
Company Representative Address
Address 1
Address 2
City
State
Zip code
Country
Company Headquarters Address
Address 1
Address 2
City
State
Zip code
Country
Upload Company Logo
(image size must be no greater than 150px(w) x 60px(h) and .jpg, .gif, or .png format)
Phone
(Please Include Country Code where
appropriate)
Fax
Email
Url

User ID

Password

Re-type Password

Targeted
number of personal computers deployed
annually:
(Optional)
Targeted
number of volume servers deployed
annually:
(Optional)
How did you find out about the Climate Savers Computing Initiative?
Search Engine
Radio
Print media
Online media
Personal Referral

Individual Name or Company Name
Referred by Other
(please specify)
Click
to Accept




 
Click
here
to download the Exhibit A form
of the License Agreement.
Once signed, please fax this form to Climate Savers
Computing Initiative Administration at 503-644-6708.
Please note that your License Agreement will not
be processed and approved until applicable membership
dues have been received.
 

 

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© 2007 Climate Savers Computing Initiative.

Climate Savers® is a trademark or registered
trademark of WWF, the international conservation
organization. Used under license.


 


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