Jaxhelp, LLC
Advertising
Contract and Rates for 2007-2008
Jaxhelp,LLC, P.O. Box 2956, Ponte Vedra Beach, FL 32004-2956
Advertising Agreement for
jaxhelp.net
Revised December 2006
Online Advertising
Contract-Terms and Conditions (Disclosure)
1.
ADVERTISING. The advertiser shall purchase the online advertising package
at the rate listed and for the duration specified in the insertion order, which
is Attached, and incorporated herein by reference and made a part of this
agreement.
2. POSITIONING.
Except, as otherwise expressly provided in the contract, positioning of
advertisements on jaxhelp.net, is at the sole discretion of Jaxhelp, LLC. The
Advertiser acknowledges that Company has not made any guarantees with respect to
usage statistics or levels of impressions for any advertising except where
expressly stated in the attached insertion order. Company provides Advertiser
with estimated usage only as a courtesy to the Advertiser and shall not be held
liable for any claims relating to said usage statistics. Any information
collected by the Company or its site vendors, relating to users or Advertiser’s
site (including and without limitation any personally identifiable transactional
data, secure data, or demographic information relating to users of the site),
shall be property of the Company and Advertiser and shall not obtain any rights in
such information by virtue of this agreement.
3. ACCEPTANCE OF
ADVERTISEMENTS. The Company may, at its sole discretion, reject any
advertisements.
4. CANCELLATION.
Campaigns cancelled more than fourteen (14) days before the scheduled start date
of a campaign are subject to a 10% cancellation fee. Campaigns cancelled less
than fourteen days before the scheduled start date of the campaign are subject
to a 25% cancellation fee. There are no cancellations once a campaign begins. A
campaign can be postponed or suspended by an Advertiser for a maximum of thirty
(30) days. After thirty days, advertiser is still liable for full amount of the
contract. If campaign is postponed or suspended, Company can not guarantee an
exact duplication of the campaign; due to a potentially limited inventory.
5. INDEMNIFICATION.
The Advertiser agrees to defend, hold harmless and will indemnify the Company
from all damages, costs, and expenses, of any nature whatsoever, including but
not limited to reasonable attorneys’ fees, for which the Company may become
liable by reason of its publication of the Advertiser’s online advertising.
6. COPYRIGHT. All
advertising, which represents the creative effort of the Company and/or the
utilization of creativity, illustrations, labor, composition, or material
furnished by it, is and remains the property of the Company, including all
rights of copyright therein. Advertiser understands and agrees that it cannot
authorize reproductions, in whole or in part, of any such advertising.
7. TAXES. Prices
do not include tax. In the event that any federal, state, or local taxes are
imposed on the creation of the online advertising or on the sale of online
advertising, such taxes shall be assumed and paid by Advertiser.
8. PAYMENT. The
Advertiser shall make payment within 30 days of the billing date indicated on
the Company’s statement. In the event that the account becomes past due, in
addition to such other remedies as it may have, Company shall be relieved of its
obligation to perform the advertising services under this Contract and the full
of the contract shall immediately become due and payable by Advertiser. The
Advertiser must also reimburse company for all expenses incurred in connection
within the collection of amounts payable, including court costs and attorneys
fees.
9. REJECTION OF
ADVERTISEMENT. Company reserves the right to not run any advertisement that
is received and that is not in accordance with company’s policies. In addition,
Company reserves the right to reject or cancel any advertisement, order or
reservation at any time and to reject any URL link embodied within any
advertisement.
10. LIMITATION ON
LIABILITY. Advertiser assumes all liability for content of advertising, and
agrees to hold harmless, and will indemnify Company from all claims, losses,
judgments, and damages arising there from. Liability for typographical errors,
wrong insertions, late publications, and/or non-publication, non-performance due
to Acts of God, as well as all other matters Advertise might raise relevant to
this contract, is limited to the amount charged to the Advertiser by Company for
the applicable advertisement. Claims for an allowance for such matters must be
made within seven (7) days of the matters first occurrence. LIMITATION OF
LIABILITY, Company’s liability is limited in all cases to the return of the
charges made for the applicable advertising. THIS LIMITATION OF LIABILITY IS A
CONDITION FOR THE ACCEPTANCE OF ANY ADVERTISING BY THE COMPANY. IN NO EVENT
SHALL JAXHELP, LLC BE LIABLE TO ADVERTISER OR TO ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE
PUBLICATION OF OR FAILURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR NOT THE
COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADVERTISER FURTHER AGREES
THAT THE COMPANY’S PROVIDER OF AD MANAGEMENT SERVICES, WILL NOT BE LIABLE FOR
ANY LOSSES, COSTS, OR DAMAGES THAT MAY ARISE FROM ADVERTISER’S USE OF AD
BANNER MANAGEMENT SERVICES ON JAXHELP.NET AND THAT NEITHER THE COMPANY NOR THE
AD BANNER MANAGEMENT SERVICES WILL BE LIABLE TO ADVERTISER FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
11. FORCE MAJEURE.
Each party hereto shall be excused from liability to perform its obligations
hereunder where such failure results from delays caused by Acts of God, fires,
floods, strikes, work stoppages, controls or regulation of federal, state, or
local governments, or other causes beyond its reasonable control.
12. ASSIGNMENT.
This Agreement may not be assigned or transferred by the Advertiser.
13. It is expressly
agreed, that neither Advertiser, nor Jaxhelp LLC, nor their respective agents
and representatives, shall disclose in any manner the terms and conditions of
this Agreement to anyone not a party to it.
14. This Agreement is
governed by the laws of the State of Florida.
15. By signing below I
certify that I am the owner or authorized representative of the Advertiser, and
I hereby grant on behalf of the Advertiser its express permission and consent to
receive advertising offers and other information via direct mail, telephone,
email, and facsimile transmission from Jaxhelp, LLC or any other business
operated by the Company. I agree that such information may be transmitted to the
mailing and email address (es), telephone number (s) and facsimile number (s)
listed on the front of this agreement or to any other contact addresses and
numbers used by the Advertiser. I further represent that the Advertiser is the
owner or lessor of the facsimile equipment that will be used to receive fax
messages at the numbers noted, or is the authorized representative of the
equipment owner or lessor.
16. The advertiser has
read and agrees to the Terms and Conditions by the signature below
17. This agreement is
fully executed upon the acceptance by both parties’ signatures.
Advertiser
Client
_____________________________ Agency_________________________________
Contact
___________________________ Contact_________________________________
Address
___________________________ Address_________________________________
__________________________________ _______________________________________
City/State/Zip______________________ City/State/Zip __________________________
Phone______________ Fax____________ Phone_______________ Fax_______________
Email______________________________ Email__________________________________
Advertiser’s name as it will appear in the Advertisers
Index__________________________________________________________
Advertiser’s Web address as it will appear in the Advertisers
Index____________________________________________________
__ Check
here if Advertiser is a Certified 503C Non-Profit Organization and eligible to
discounted rates.
Bill: __
Advertiser __ Agency
Fill in
information for each webpage in which you wish to reserve
space______________________________________________.
Issue Ad
Size Color Special Position/Note Rate Discount Net
AGREED: All
Terms & Conditions listed on the contract page of this contract. No oral
contracts. A signed original of this contract must be on file with Jaxhelp, LLC
before any insertion orders are accepted.
Jaxhelp,
LLC
Executed
this date_____________________
Advertiser____________________________ By__________________________________
Printed
Name_________________________ Title________________________________
Jaxhelp,
LLC Registered Representative
Publisher_____________________________ Title _________________________________
Printed
Name_______________________
Send all
Advertising Materials and Insertion Orders to:
Contact us via our
comments page
For additional information please refer
to our Disclaimers 2007
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