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WHEREAS, POSITIVELY NEUTRAL MARKETING, INC. (“PNM”), has contracted with the First Judicial District Court of the State of New Mexico (“FJDC”) to obtain evaluations of mediators' performance by those attorneys identified to PNM by FJDC who have appeared before the mediator who shall be (“the PN Program”); TERMS AND CONDITIONS Positively Neutral Marketing, LLC (“PNM”) has contracted with the First Judicial District Court of the State of New Mexico (“FJDC” or “Court”) through the Court’s Alternative Dispute Resolution Program (“ADR Program”) to obtain evaluations of Enrolled Settlement Facilitators' (“ESF”) performance by attorneys and parties who have appeared before the Enrolled Settlement Facilitator. The evaluation program established pursuant to this contract shall be referred to herein as “the PN Evaluation Program”. This document sets forth the terms and conditions under which an ESF may enroll in the PN Evaluation Program. Enrollment in the PN Evaluation Program is required of an ESF who desires to be included in the ADR Program. By enrolling in the PN Evaluation Program, an ESF acknowledges his or her agreement to these terms and conditions. 1. The following terms have the meaning indicated. a. “Enrolled Settlement Facilitator” or “ESF” means an attorney licensed to practice in New Mexico who has applied and been accepted for inclusion in the ADR Program’s list of settlement facilitators. The ADR Program requires Enrolled Settlement Facilitators to also enroll in the PN Evaluation Program. b. “The PN Evaluation Program” means the on-line evaluation component of the ADR Program which is conducted by PNM through the Positively Neutral website located at www.positivelyneutral.com. The PN Evaluation Program requires its enrollees to provide PNM with a list of those attorneys for whom the ESF has conducted settlement conferences prior to enrolling in the PN Evaluation Program. PNM contacts those attorneys and requests that they complete a confidential, anonymous, on-line evaluation of the ESF’s performance, including the opportunity to add comments. Participants in settlement conferences subsequently conducted by ESFs through the Court’s ADR Program are also required to complete the on-line evaluations. PNM aggregates the evaluations, and publishes them, including comments, on the New Mexico Judicial Order area of the Positively Neutral website. Comments are published verbatim, without editing, except to remove names or other specific identifying information and any obscene or profane language. 2. ESF acknowledges that its sole contractual relationship pertaining to the ADR Program and/or the PN Evaluation Program is with PNM, and that ESF is not a third party beneficiary of the agreement between FJDC and PNM. 3. ESF will provide PNM with the names and contact information of all attorneys who have represented parties appearing before ESF in proceedings during the two year period prior to the date of ESF’s enrollment in the PN Evaluation Program. ESF shall provide said information in the manner and form reasonably requested by PNM. 4. ESF agrees to the publication of the evaluations obtained through its participation in the PN Evaluation Program on the New Mexico Judicial Order area of the Positively Neutral website (www.positivelyneutral.com). 5. ESF agrees, acknowledges and represents that, under no circumstances, shall FJDC or PNM be held responsible or accountable for the publication of negative information about ESF, so long as the publication is made pursuant to the terms of the PN Evaluation Program. Damages recoverable by ESF against any party in any action or arbitration arising out of, or relating to, the ADR Program and/or the PN Evaluation Program shall be limited to those sums ESF has paid to PNM for its participation in the PN Evaluation Program, and ESF shall not assert a claim or seek to recover (as compensatory, incidental, consequential, punitive, or other damages, or attorneys' fees) any sum in excess of the sums ESF has paid to PNM, including any claim that arises out of or relates to PNM’s obtaining, failure to obtain, publication or failure to publish the evaluations and/or information contained in the evaluations that are to be obtained pursuant to the PN Evaluation Program. 6. ESF agrees to mediate any dispute that may arise between it and PNM. If the parties are unable to agree upon a mediator or the terms of the mediation, the dispute shall be submitted to American Arbitration Association for mediation in accordance with its rules and procedures. If the mediation proves unsuccessful, the dispute shall be submitted to arbitration pursuant to the rules and procedures of the American Arbitration Association. The arbitration shall be held in the State of New Mexico, and any judicial action brought to confirm, vacate and/or modify the award shall be brought in the State of New Mexico. 7. ESF agrees to pay the sum of $150.00 to PNM for the first year of participation in the PN Evaluation Program. Renewal fees shall be assessed in accordance with the terms of the agreement between PNM and FJDC and any modification thereof. 8. During the term of the agreement between PNM and FJDC, and so long as ESF is a participant in the PN Evaluation Program, ESF may elect at no additional charge to publish the results compiled by PNM on other portions of the Positively Neutral website. The terms and conditions of publication applicable to mediators on the Positively Neutral website shall apply to any such publication.
	I have read this contract, and I certify my understanding and agreement to its terms.