|
1.
General. A deposit must be submitted to
Advertiseme.org in advance of initial advertising
date. By submitting advertising for inclusion
on Advertiseme.org, advertiser/agency agrees
to be bound by the terms of this contract.
No conditions other than those set forth herein
shall be binding on Advertiseme.org. This
contract supersedes any previous agreements
between Advertiseme.org and advertiser/agency
relating to the subject matter set forth herein.
Advertiseme.org's only obligation to serve
advertisements hereunder shall be to serve
advertisements of the advertiser described
herein, and in no event shall Advertiseme.org
be obligated to serve advertisements for any
other advertiser.
2. Changes and Cancellations. Cancellations and changes can be made via the advertiser login. Advertiseme.org's advertising specifications are accessible through the advertiser login. Advertiseme.org reserves the right to change any of its advertising specifications at any time.
4. Delivery, Frequency and Makegood. All figures relating to the number of advertisements served as determined by Advertiseme.org shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If Advertiseme.org fails to provide the guaranteed number of impressions, Advertiseme.org will make good on this contract.
6. Key Words and Phrases. Advertiseme.org offers no exclusivity on keywords or phrases. Each advertiser will be given ranking positions based upon the bid they enter on keywords/phrases.
8. Rejections. Advertiseme.org reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted, or published.
9. Licenses and Indemnification. Advertiser/agency grants Advertiseme.org the right to use, reproduce, publicly display and distribute advertiser's advertisments and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Advertiseme.org. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of Advertiseme.org's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Advertiseme.org and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) Advertiseme.org's performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by Advertiseme.org.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Advertiseme.org BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Advertiseme.org HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
|