Banner Advertising Agreement
Below states the terms of our banner advertising.
Introduction: This agreement is made between WillFlyForFood.com. and the Advertiser, who agrees to purchase a “Banner Advertisement” on the WillFlyForFood.com site on the World Wide Web, operated by Jet Web Designs, Inc.
Terms and Definitions
· The Advertiser is the party named in the Advertiser Contact Information, and is placing and paying for the advertisement described in the agreement.
· Jet Web Designs Inc. is a corporation located at 1514 Wealthy St SE, Suite 258, Grand Rapids, MI 49506.
· WillFlyForFood.com is an Internet publication owned and operated by Jet Web Designs Inc. and found on the World Wide Web at http://willflyforfood.com
· Banner Advertisement is a graphic advertisement displayed on the WillFlyForFood.com Web site and hyperlinked to a Universal Resource Locator (URL) stipulated by the advertiser.
· Banner Advertisement Impression means a single (1) display or impression of a Graphics Interchange Format (GIF) or Joint Photographic Experts Group (JPG) image file hyperlinked to a web page of the Advertiser’s, viewed from WillFlyForFood.com.
· Start Date is the date on which the parties agree the Banner Advertisement will first appear on the WillFlyForFood.com Web site. For purposes hereof, “month” will be a thirty day period, or multiples thereof, commencing on the Start Date.
Duration of Agreement: Advertiser’s Banner Advertisement will appear on the WillFlyForFood.com Web site for ___ month(s), commencing on a Start Date to be agreed upon by both the Advertiser and
WillFlyForFood.com, and to be confirmed via e-mail correspondence between WillFlyForFood.com and the Advertising Contact. Advertiser agrees to pay a pre-negotiated rate, to be paid in full prior to the Start Date. This fee is non-refundable, and will not be prorated should the Advertiser decide to discontinue the display of the Banner Advertisement at any time prior to the end of the contract period.
Banner: The banner graphic must be in .jpg or .gif format, and have a file size of less than 15K. Advertiser agrees to provide Jet Web Design Inc. with a banner via e-mail attachment of the URL of an existing banner on the Web. If Advertiser has no banner prepared, Jet Web Design Inc. will create one for an additional fee of $125.
Display, Placement and Links: Each Banner Advertisement will be displayed on various pages throughout the site. This agreement is non-exclusive, meaning Jet Web Design Inc. may have Banner Advertisements from several parties appearing on its site at the same time. When more than one Banner Advertisement is under contract, banners will be evenly and fairly rotated from time to time by software maintained by Jet Web Design Inc.
Status reports: Jet Web Design Inc. does not and cannot make any representation or warranty as to the number, frequency or duration of any such “hits.”
Services interruptions: Advertiser agrees not to hold Jet Web Design Inc. responsible for any liability, loss, cost, claim, damage or causes of action of any kind that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Truth in advertising / indemnification for liability: The Advertiser is solely responsible for any liability arising out of or relating to the Banner Advertisement, and/or any material to which users can link through the Banner Advertisement. The Advertiser represents and warrants that any information found on URLs hyperlinked from the Banner Advertisement 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, image, or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity.
Advertiser agrees to indemnify Jet Web Design Inc. and to hold Jet Web Design Inc., and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims, or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Jet Web Design Inc., arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties
Governing law: This Agreement and the resolution of any dispute related to this Agreement shall be governed by the laws of the State of North Carolina without giving effect to any principles of conflicts of law.
Failure by Jet Web Design Inc., or its affiliates to insist upon strict enforcement of any provision of this
Agreement shall not be construed as a waiver of any provision or right
Fees and Initial Payment: All fees are payable in advance of the commencement of display of the Banner Advertisement on the WillFlyForFood.com web site. All Advertisement fees are non-refundable.
Upon execution of this Agreement, Jet Web Design Inc. will commence setup for Advertiser’s Banner Advertisement. Jet Web Design Inc. will make the account visible to the Web upon receipt of payment (pending Advertiser readiness and approval).
Sole Agreement: This document constitutes the sole agreement between Jet Web Design Inc. and the Advertiser regarding this Web site. Any additional work not specified in this contract must be authorized by a written change order. This Agreement may only be modified, or rights under it waived by a written document executed by both.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Jet Web Design Inc., at our discretion. I agree to the above-listed contract in its entirety.
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