AGREEMENT FOR INTERNET ADVERTISING SERVICES by yantingting

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									           AGREEMENT FOR INTERNET ADVERTISING SERVICES
This Internet Advertising Services Agreement (“Agreement”) sets forth the terms and conditions under
which Hair Directory (“Advertising Service Provider” or “Advertiser”) shall provide products and services to
the Advertiser’s Client (“Client”). Advertiser and Client are collectively the “Parties”.

By clicking the “I agree” check box on the Advertiser’s Advertising webpage, you hereby agree to be bound
by the terms stated within this Agreement.

1. Advertising Materials
Any and all material submitted to Advertiser by Client may be used as Advertising Material (“Material”). The
Advertiser has the right and option to approve and reject, in its absolute discretion, the content of any Material the
Client submits. If the Advertiser rejects any Material, the Advertiser will notify the Client. Even after the Advertiser
accepts the Material, the Advertiser has the right to remove it if it does not function correctly or for any reason. Any
Material being advertised does not signify its approval or waiver of the right to object to it in the future. Advertiser
will not place links to the Client'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.

2. Changes to Material
Client may periodically make changes to its Material which the Advertiser must approve. The Advertiser will charge
a fee at its standard fee schedule rate for making changes to the Client’s advertising materials on the Advertiser’s
site. The Client will provide the Advertiser with all changed materials that Client desires to integrate. The Advertiser
will use its reasonable efforts to make the changes that Client submits within 14 days.

3. Placement of Advertising Material
The Advertiser reserves onto its own discretion all decisions and matters concerning placement of Client’s
advertisement on pages of the Advertiser’s site, software solutions, hardware configurations and selection, system
components, categories of advertising, search engine results and search parameters and other operational and
administrative matters pertaining to the construction and operation of the Advertiser’s Site.

4. Termination
Client may terminate this Agreement, with or without cause, by giving 30 days advance notice of its intent to
terminate. The Advertiser reserves the right to terminate this Agreement for any reason, with or without cause, upon
30 days written notice to Client. Upon termination any unpaid balance due to the Advertiser must be paid by the
Client, and any prepaid Advertising Fees must be refunded to the Client by Advertiser. Upon termination all
material including hyperlinks will be removed from Advertiser’s Site. The Advertiser is not responsible for any
Advertising Material remaining on the internet due to it being stored on a computer’s cache (or Cookies), bookmark,
archives or for any other reason.

5. Limited Guarantee
Advertiser does not guarantee Advertiser’s Site or Client’s Advertising Material will be displayed on any search
engine, and if it is displayed, Advertiser does not guarantee is will remain. Advertiser does not guarantee any given
amount of Impressions to Advertiser’s Site. Advertiser does not guarantee any given amount of Impressions to
Client’s page, increased sales or increased number of customers as a result of its advertising services. The Advertiser
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. Advertiser is not responsible for tracking Impressions to
the Client site through the advertisements that are included on its site. Advertiser will not be held accountable for
any monetary damages suffered by the Client, sustained through contravention of this Agreement or otherwise. This
will include, but not limit to punitive damages related to lost clients and brand deterioration.

6. Advertising Fees
In consideration of its advertising services, Client agrees to pay the advertising fees set forth on the Advertiser’s
Advertising webpage. The Client will also pay any sales and other taxes based upon the fees set forth therein.
Advertising fees may change at any time and without notification to Client. Advertising fees will be paid monthly,

Hair Directory | 855 Lexington Ave New York, NY 10065                          version 1.1                  Page 1 of 3
Tel: 800-555-HAIR (4247) | info@HairDirectory.biz
Agreement for Internet Advertising Services                                                               Hair Directory

in advance, on or before the first day of every month during the term hereof. The Advertiser may charge interest and
service charges on monthly accounts that are delinquent at the maximum rates allowable by law. Client will be
responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an
account. The Advertiser reserves the right to suspend advertising services until Client’s account is brought current as
the Advertiser has the right to terminate this Agreement if any advertising fee is delinquent.

7. Propriety Rights
The Advertiser 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. The Advertiser does not grant any rights
in and to such proprietary material except that the Client hereby grants the Advertiser a non-exclusive license to use
the advertising material provided, including its trademarks and copyrights, and the right to hyperlink to Client’s site
from its site during the term of this Agreement. Upon termination of this Agreement, the Advertiser agrees to
remove the hyperlink and the advertising materials provided from its site within a reasonable time.

8. Representations and Warranties
Client represents and warrants that the advertising material 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. Client also warrants and represents that it has the
unrestrictive and exclusive right to use all such materials.

Advertiser does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting
business or that the operation of the web pages will be uninterrupted and/or error-free. Advertiser is not held
responsible for occasional downtime of email or website due to line interruptions and/or other instances beyond
Advertiser control.

Advertiser makes no warranties that the advertising material contained on the Advertiser Site will be free from
errors or defects or that the use of the hypertext link or access to its site will be uninterrupted. THE ADVERTISER
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 ADVERTISER
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.

9. Indemnification
Client will indemnify and hold the harmless from and against any claims, suits, threats, demands, , actions, causes of
action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness
fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of
any of the representations and warranties that the Client has made to the Advertiser and otherwise arising directly or
indirectly from the placement of its advertising materials on the Advertiser Site.

Client agrees that it shall defend, indemnify, save and hold the Advertiser harmless from any and all demands,
liabilities, threats, losses, settlements, costs, lawsuits, legal proceedings and claims, including reasonable attorney's
fees associated with the Developer's development of the Client's web site. This includes those asserted against the
Advertiser, its’ subcontractors, agents, clients, 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 the Client, its’ agents, employees or
assigns. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering
any defective product or misinformation which is detrimental to another person, organization, or business.

10. Entire Agreement
This Agreement and the Exhibits hereto constitute the entire agreement and understanding between the Parties with
respect to the subject matter hereof. It supersedes and replaces all previous discussions, negotiations, and

Hair Directory | 855 Lexington Ave New York, NY 10065                           version 1.0                  Page 2 of 3
Tel: 800-555-HAIR (4247) | info@HairDirectory.biz
Agreement for Internet Advertising Services                                                               Hair Directory

understandings between the parties. This Agreement may only be amended by a written amendment signed by
authorized representative of both Parties.

12. Assignment
Client is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties
arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and
costs.

13. Notices
All notices called for herein shall be to the parties at the addresses contained in this Agreement and shall be by
certified mail, return receipt requested or by reputable national overnight delivery service, such as Federal Express.

14. Authorization
The under-signed Client is engaging Advertiser, a corporation, as an independent contractor for the specific purpose
of Advertising. Client hereby authorizes Advertiser to publicize its/his/hers contact information, website, any
Advertising Material to Advertiser’s Site, Web search engines, other Web directories and indexes.

15. Age
The signatory to this Agreement is an authorized representative of the Client certifies that he or she is at least 18
years of age and legally capable of entering a contract in the State of New York on behalf of the Client.

16. Litigation
Any disputes arising from this contract will be litigated in New York City. This agreement shall be governed and
construed in accordance with the laws of the State of New York, USA. The undersigned parties hereby agree to the
terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement
constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and
signed by both parties.




Hair Directory | 855 Lexington Ave New York, NY 10065                           version 1.0                   Page 3 of 3
Tel: 800-555-HAIR (4247) | info@HairDirectory.biz

								
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