Terms; Internet Advertising Services'
This "Agreement" is made and effective on date of 'form submission'. ..202_
BETWEEN: information provider_______you.. and'.
Meet The Beach existing under the laws of the State of Florida Lic.#G18000070640
100 Belcher Rd.
PO BOX 4446
Clearwater Florida 33758 /
In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:
RECITALS
A Meetthebeach.com owns and operates an Internet Site located in Clearwater Florida and contains graphical and text-based descriptions of advertised sites along with a hypertext link to the advertised site. When the hypertext link is selected by the party accessing the site ("User"), a new window is opened and the User is transported to the URL for the advertised site.
1. ADVERTISING MATERIALS
a. The Customer agrees to submit to MeetTheBeach.com, on the day of acceptance of this Agreement, advertising materials to be used by same which shall meet its Specifications set forth and described in the MeetTheBeach.com media guide.
b. MeetTheBeach.com has the right and option to approve, in its absolute discretion, the content of any advertising material that the Customer submits if MeetTheBeach.com finds that it does not meet its Uniform Advertising Specification, if it is objectionable to MeetTheBeach.com in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in MeetTheBeach.com sole discretion. If the MeetTheBeach.com rejects any adverting material that the Customer submitted, MeetTheBeach.com will notify the Customer. Even after MeetTheBeach.com accepts the advertising, MeetTheBeach.com has the right to remove it if it does not function correctly or for any of the reasons described above. MeetTheBeach.com placing the advertising on its page does not signify its approval or waiver of the right to object to it in the future.
c.MeetTheBeach.com has the right to terminate this Agreement if MeetTheBeach.com removes or fails to approve any materials that the Customer submits in which case any prepaid advertising fee shall be returned to Customer. The Customer will not have any damages or other remedies, in law or in equity against MeetTheBeach.com for failing to place or removing any advertising except for the return of any unused prepaid advertising fees.
d. The Customer may periodically make changes to its advertising material which the MeetTheBeach.com must also approve. MeetTheBeach.com will charge a fee at its standard fee schedule rate for changing to the Customer advertising materials on MeetTheBeach.com site. The Customer will provide the MeetTheBeach.com with changed materials that Customer desires publish. MeetTheBeach.com will use its reasonable efforts to make the changes that Customer submits within 4 business days after MeetTheBeach.com approves the same.
2. SERVICES TO BE PROVIDED
a. MeetTheBeach.com does not guarantee any given amount of Impressions to Customer's ad as a result of its advertising services unless a separate Impression Guarantee Addendum has been executed by both parties hereto.
b.MeetTheBeach.com will use reasonable efforts to make its Advertising Site available for display through the World Wide Web. MeetTheBeach.com is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business.
c.MeetTheBeach.com will not place links to the Customer's website or website content in newsgroups, message boards, unsolicited email and other types of spam, chat rooms, guest books, IRC channels or through similar Internet resources. MeetTheBeach.com will not be held accountable for any monetary damages suffered by the Customer, sustained through contravention of this Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.
3. PLACEMENT OF THE ADVERTISING
MeetTheBeach.com reserves onto its own discretion all decisions and matters concerning placement of Customer's advertisement on pages of MeetTheBeach.com's websites. inclueding facebook and youtube's, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of MeetTheBeach.com Site.
4. COMPENSATION
In consideration of its advertising services, the Customer agrees to pay the advertising fees set forth on the fee schedule as published by MeetTheBeach.com . The Customer will also pay any sales and other taxes based upon the fees set forth therein. Advertising fees will be paid in full on demand” . MeetTheBeach.com will charge interest and service charges on all accounts that are delinquent at the maximum rates allowable by law. The Customer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account.MeetTheBeach.com reserves the right to suspend advertising services until Customer's account is brought current. MeetTheBeach.com has the right to terminate this Agreement if any advertising fee/s become delinquent.
5. PROPRIETARY RIGHTS
MeetTheBeach.com will retain all proprietary rights in and to its respective sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. MeetTheBeach.com does not grant the other any rights in and to such proprietary material except that the Customer hereby grants MeetTheBeach.com a non-exclusive license to use the advertising material provided, including its trademarks and copyrights, and the right to hyperlink to Customer's site from its site during the term of this Agreement. Upon termination of this Agreement, MeetTheBeach.com agrees to remove the hyperlink and the advertising materials provided from its site within a reasonable time.
6. REPRESENTATIONS AND WARRANTIES
a. The Customer represents and warrants that the advertising provided is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Customer also warrants and represents that it has the unrestrictive and exclusive right to use all such materials.
b. MeetTheBeach.com makes no warranties that the advertising contained on MeetTheBeach.com Site will be free from errors or defects or that the use of the hypertext link or access to its site will be uninterrupted.
MEETTHEBEACH.COM SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL THE MEETTHEBEACH.COM BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.