MacDailyNews Advertising
Contract
By advertising on MacDailyNews.com, you agree
to the terms outlined below.
TERMS
WHEREAS, MacDailyNews.com
is a "web site" available through the
World Wide Web, focusing on information relating to Apple
Computer, Macintosh computers and related topics, and published
by MacDailyNews.com.
WHEREAS, the Client seeks to utilize a section
of MacDailyNews.com for advertising products or
services for its own purposes.
WHEREAS, the parties acknowledge that the Internet
is neither owned nor controlled by any one entity; therefore,
the Owner can make no guarantee that any given reader shall
be able to access MacDailyNews.com at any given time. The
Owner represents that it shall make every good faith effort
to ensure that MacDailyNews.com is available
as widely as possible and with as little interruption as possible.
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
I. Financial Arrangements
1. Client agrees to a minimum one (1) month contract,
the actual length of the contract specified by Client in months.
The contract will take effect upon the posting of advertising
services rendered to Client on MacDailyNews.com by Owner.
2. The first month payment for services shall be due within
14 days upon receipt of contract. Payment for later months shall
be due upon receipt of contract or on a monthly basis starting
after the initial one (1) month of services as agreed upon in
the contract.
3. Owner agrees to send a bill to Client on a
monthly basis if that payment option is selected by Client.
Client will remit payment by the due date on the bill which
will be a period of not less than 30 days from the end of the
period for which services have been paid. Failure by Client
to remit payment by the due date will result, at Owner's discretion,
in any advertising services rendered to Client by Owner to be
removed from MacDailyNews.com until such time as payment is
received. The duration of the contract will not be extended
due to removal of said services in the event of delinquent payment.
4. Advertising services rendered by Owner will be paid for
at the rate which is in effect at the date of the signing of
the contract. These rates will remain in effect until the expiration
of the contract. Renewal of services by client will utilize
the rates which are in effect at the time of renewal and indicates
agreement by Client to any contract revisions.
II. Taxes
5. Owner shall not be liable for any taxes or other fees to be paid in accordance
with or related to purchases made from Client or MacDailyNews.com. Client
agrees to take full responsibility for all taxes and fees of any nature associated
with any such products or services sold.
III. Trademarks & Copyrights
6. Client warrants that it has the right to use applicable trademarks, if any,
and grants Owner the right to use such trademarks in connection with Owner's
advertising services.
IV. Change of Ownership
7. MacDailyNews.com may be transferred to the control of another
person or corporate entity (Owner) without prior notice to or permission
from Client. Any new Owner assumes any and all obligations outlined in this
agreement.
V. Limited Liability
8. Owner assumes no responsibility for products and/or services Client provides.
Owner provides no warranties, either expressed or implied, nor any assurances
of product fitness. Client assumes any and all responsibility and risk from
such services.
9. Client agrees that use of Owner's advertising services
is at Client's sole risk. Neither Owner, Owner's employees,
affiliates, agents , third party information providers or the
like, warrant that service will not be interrupted or error
free; nor does Owner make any warranty as to the results that
may be obtained from the use of the service provided unless
otherwise stated in this Agreement.
10. Under no circumstances, including negligence, shall Owner,
its offices, agents or anyone else involved in creating, producing
or distributing Owner's service be liable for any direct, indirect,
incidental, special or consequential damages that result from
the use of or inability to use Owner's services; or that the
results from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission
or any failure, of performance whether or not limited to acts
of God, communication failure, theft, destruction or unauthorized
access to Owner's records, programs or services. Client hereby
acknowledges that this paragraph shall apply to all content
on Owner's service.
11. Notwithstanding the above, Client's exclusive remedies
of all damages, losses, and causes of actions whether in contract,
tort including negligence or otherwise, shall not exceed the
aggregate dollar amount which Client paid during the term of
this Agreement.
VI. Indemnification
12. Client agrees that it shall defend, indemnify, save and hold Owner harmless
from any and all demands, liabilities, losses, costs and claims including
reasonable attorneys' fees ("Liabilities") asserted against Owner,
its agents, its customers, servants, officers and employees, that may arise
or result from any service provided or performed or agreed to be performed
or any product sold by Client, its agents, employees or assigns. Client agrees
to defend, indemnify and hold harmless Owner against Liabilities arising
out of (i) any injury to person or property caused by any products sold or
otherwise distributed by Client in connection with Owner's service; (ii)
any material supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement; (iv) any
defective product which Client sold via Owner's services.
VII. Lawful Purpose
13. Client may only use Owner's services for lawful purpose. Transmission of
any material in violation of any Federal, State, or Local regulation is prohibited.
This includes but is not limited to, copyrighted material, material legally
judged to be threatening or obscene, pornographic, profane or material protected
by trade secrets. Owner expressly forbids anyone from using Owner's services
for any material Owner deems objectionable. This includes links to any such
materials. The designation of such materials is left entirely to the discretion
of Owner.
VIII. Termination
14. This Agreement may be terminated by either party, without cause, by giving
the other party 30 days written notice. Client is responsible for any fees
due in that time, and is not released from its financial obligations until
30 days from the written acknowledgement of the of termination from Owner.
Notwithstanding the above, Owner may terminate this Agreement at any time,
without penalty or forfeiture of fees paid or due by the Client, if the Client
fails to comply with the terms of this agreement.
This Agreement constitutes the entire understanding of the
parties. Any changes or modifications to this Contract shall
be agreed to by the parties upon renewal of services in writing.
This Agreement shall be governed in accordance
with the laws of the State of New York. |
