|
|
|
Advertising Agreement
Online Reports
As an advertiser on Dentists4kids.com, you will have access to your banner statistics 24 hour a day, 7 day a week. These detailed reports will provide information regarding banner impressions, referring page, clickthroughs, and percentage information. This allows you, the advertiser, to determine the success of your banner.
Getting Started
Dentists4kids.com will do everything possible to have your advertisement up and running within 24 business hours, unless a specific start date is specified during the banner reservation.
Rate Changes
Dentists4kids.com reserves the right to adjust our current advertising rates as necessary, without prior notification. Rates are locked in once the
advertiser and Dentists4kids.com have mutually agreed to the terms and rates
for the banner campaign, and the campaign has begun on
Dentists4kids.com. Rates are subject to change before the assumption of the advertising
campaign, or after completion of contractual terms.
Terms of Payment
By advertising with Dentists4kids.com, you (the advertiser) agree to the
following payment terms:
1.Advertisers will be invoiced on the first day of each month
2.Payment is due within thirty days (30) from date of invoice receipt.
3.Reservations will not be held for more than four months in advance.
4.Prices are in US dollars, and payment must be made in US Currency.
Restrictions
Dentists4kids.com reserves the right to refuse any advertising request or to
cancel the campaigns that do not fulfill the obligations set in the contract.
Dentists4kids.com reserves the right to make editorial changes to the advertising program and the frequency of ad banner changes for each
sponsor.
Acceptance of Advertising Policy
Advertising is accepted and published entirely on the consideration that the advertiser and/or agency will indemnify and save
Dentists4kids.com harmless from and against any claims or suits based upon any aspect of
subject matter of the advertisement. Dentists4kids.com
reserves the right to reject advertisements considered unacceptable as to wording,
appearance, or for any other reason.
Advertising Agreement
Advertiser acknowledges that the sole obligation of Dentists4kids.com
is to display an advertising banner (the "Banner") from Advertiser which conforms to the specifications set forth elsewhere in the insertion order (the insertion order and these General Terms and Conditions are referred to collectively herein as the "Agreement"). In this regard, Advertiser agrees that
(i) Dentists4kids.com has the right to market, display, perform, transmit and promote the Banner, and (ii) users of
Dentists4kids.com's services have the right to access and use the Banner and any content and/or services directly linked to the Banner (the "Advertiser Web Content").
All advertising will be invoiced as dictated on the "Banner Info and Order Form" page, and payment in full for the specified amount will be due 30 days after the date of the invoice. Advertiser understands that once the Banner is made available there shall be no refunds or proration of rates even if Advertiser elects to discontinue display of the Banner prior to expiration of the advertising term, except as expressly provided below. Written notice of contract cancellation must be received by
Dentists4kids.com at least 30 days prior to next billing period. Orders are accepted subject to the terms and provisions of the current price list. Advertising prices set forth in the price list are subject to change; any price changes will apply to any additional advertising services requested by Advertiser after such price change.
UNDER NO CIRCUMSTANCES SHALL DENTISTS4KIDS.COM BE LIABLE TO THE ADVERTISER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT
DENTISTS4KIDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM
ANY ASPECT OF THE ADVERTISING RELATIONSHIP PROVIDED FOR
HEREIN. DENTISTS4KIDS.COM SHALL IN NO EVENT BE LIABLE TO ADVERTISER
FOR MORE THAN THE TOTAL AMOUNT PAID TO DENTISTS4KIDS.COM
BY ADVERTISER HEREUNDER. DENTISTS4KIDS.COM MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING DENTISTS4KIDS.COM'S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
DENTISTS4KIDS.COM SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING (I) THE
NUMBER OF PERSONS WHO WILL ACCESS THE BANNER AND (II) ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM INCLUDING THE
BANNER WITHIN DENTISTS4KIDS.COM'S WEB SITE.
Advertiser is solely responsible for any legal liability arising out of or
relating to (1) the Banner and/or (2) the Advertiser Web Content.
Advertiser represents and warrants that the Banner complies with
Dentists4kids.com's advertising standards; and that Advertiser holds the necessary
rights to permit the use of the Banner by Dentists4kids.com for the purpose of this
Agreement; and that the use, reproduction, distribution, or transmission
of the Banner will not violate any criminal laws or any rights of any third
parties, including, but not limited to, such violations as infringement or
misappropriation of any copyright, patent, trademark, trade secret,
music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or
any other right of any person or entity. Advertiser agrees to indemnify
Dentists4kids.com and to hold Dentists4kids.com harmless from any and all liability, loss,
damages, claims, or causes of action, including reasonable legal fees
and expenses that may be incurred by Dentists4kids.com, arising out of or related
to Advertiser's breach of any of the foregoing representations and
warranties.
Dentists4kids.com reserves the right to reject any advertising which is not
consistent with Dentists4kids.com's standards. In addition, Dentists4kids.com
shall have the right, at any time, to remove any of Advertiser's advertising if
Dentists4kids.com determines, at its sole discretion, that the Banner, Advertiser Web
Content or any portion thereof (i) violates Dentists4kids.com's then applicable
advertising policy, or (ii) is otherwise objectionable to
Dentists4kids.com, in which event Dentists4kids.com shall refund to Advertiser a pro rata portion of the fee which
Advertiser has paid to Dentists4kids.com for display of the Banner (if Advertiser has
paid Dentists4kids.com a flat fee).
Dentists4kids.com and Advertiser are independent contractors, and neither
Dentists4kids.com nor Advertiser is an agent, representative or partner of the other.
Dentists4kids.com may terminate this Agreement at any time in the event of material breach
of this Agreement by Advertiser. This Agreement sets forth the entire
agreement between Advertiser and Dentists4kids.com, and supersedes any and all
prior agreements (whether written or oral) of Dentists4kids.com
and Advertiser with respect to the subject matter set forth herein; provided, however, that all
pricing will be governed by Dentists4kids.com's then-current price list, whether
in print or electronic form. This Agreement may be
modified at any time by Dentists4kids.com without prior notice. This Agreement shall be
interpreted, construed and enforced in all respects in accordance with laws of the State of Texas, without regard to the actual state or country of incorporation or residence of Advertiser.
Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Texas and the federal courts situated in the State of Texas in connection with
any action arising under this Agreement.
I Agree |
No, I Don't Agree
|
