This is an Agreement by and between the North American Discus Association, an Oregon not for profit corporation with its principal place of business at P.O. Box 106, Canyonville, OR 97417. (hereinafter referred to as NADA) and______________________________ hereinafter referred to as the Advertiser.
I. ADVERTISING ORDER
NADA authorizes the sale and purchase of advertising on NADA’s website in accordance with all of the terms and conditions of this Agreement. By accepting all of the terms and conditions the Advertiser requests NADA to publish its advertisements only in NADA's website. The Advertiser agrees that all of the terms and conditions of this Agreement will apply to any revisions or renewals of the advertising submitted to the NADA by the Advertiser.
II. NADA IS NOT BOUND TO PUBLISH
The Advertiser acknowledges that signing this Agreement does not result in any guarantee or warranty that NADA will publish the Advertiser's advertisement, and that NADA may choose not to publish some or all of the Advertiser's advertisement. If NADA does not publish the Advertiser's advertisement, NADA will only refund a pro rata amount the money paid by the Advertiser for the specific advertisement, which NADA did not publish. NADA reserves the right to deny for inclusion into NADA's Web site, any or all of the Advertisements submitted by the Advertiser.
III. LISTING PERIOD
The Advertiser's advertisement is submitted for Publication in the NADA's Web site for the period of
________________________________ to _________________________________; a total of ___ days. NADA reserves the right to alter such period. NADA may also discontinue the advertisement in whole or in part. NADA will attempt to notify the Advertiser prior to altering or discontinuing the time scheduled for the Advertisement's appearance in NADA's Web site.
IV. PAYMENT
The Advertiser promises to pay NADA $___________ per month including one month prior to Publication of the advertisement in NADA's Web Site. Payment shall be made on the first day of each subsequent month. Payment entitles the advertiser to a banner advertisement on the following page within NADA's Web site:
V. WARRANTY
The Advertiser warrants that its advertisement does not infringe on the copyright or other
intellectual property rights of any third person, business, or corporation. The Advertiser further warrants that its Advertisement does not contain any libelous or slanderous materials, does not invade anyone's privacy, nor contain any obscenity. The Advertiser warrants that it has the unrestricted right to use all trademarks, service marks, logos, graphics, portraits, photographs, pictures, and artwork contained in the Advertiser's advertisement. This Section shall remain in effect after termination of this Agreement.
VI. LIMITED WARRANTY
Only in the event of any error or omission caused by the NADA, then NADA will correct the advertising within the usual time frame for updating the NADA Web site, after receiving notice from the Advertiser of the error or omission. In order to avail itself of the correction remedy, the Advertiser must make a written claim of such an error or omission to NADA. In addition to NADA correcting the error or omission, the Advertiser must choose between one of two additional limited remedies: (1) mutually agree in writing with NADA on a specific reduction of the charges to be paid for the period in which the error or omission occurred, or (2) mutually agree in writing with NADA to extend the
period which the advertisement appears in the NADA's Web site. The above limited remedies shall apply to all claims, causes of action, damages, fines, penalties, or liabilities that the participant may have against NADA including but not limited to claims based on breach of contract, torts (such as negligence or recklessness), or strict liability.
EXCEPT FOR ANY WARRANTY EXPRESSLY MADE BY NADA PURSUANT TO THIS AGREEMENT, NADA HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTIBILITY, THE IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OFQUALITY OF ANY COMPUTER PROGRAMS, ANY AND ALL IMPLIED WARRANTIES OF INFORMATIONAL CONTENT, AND ANY AND ALL WARRANTIES AS TO ANY EFFORT MADE TO ACHIEVE A PARTICULAR PURPOSE. NADA MAKES NO WARRANTY THAT THE
NADA WEB SITE IS FREE OF VIRSUSES OR POTENTIALLY DAMAGING CODE.
Notwithstanding anything in this Agreement to the contrary, in no event will NADA or their employees or agents be liable for any damages or expenses caused by system failure caused by any on line service or computer system failure, or by any transmission, access, or communication problems. Notwithstanding anything in this Agreement to the contrary, NADA is not responsible for the quality of the Advertiser's advertising to the extent that it may be affected by any operating systems, networks, independent display mechanisms, or access to on line services. In no event will NADA be liable for any consequential, exemplary, incidental, punitive, or special damages arising out of this Agreement, including but not limited to loss of profit, loss of data, or the cost of any alternative forms of advertising.
VII. INDEMNIFICATION
The Advertiser agrees to defend, hold harmless and indemnify NADA for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Advertiser's breach of any warranty made by the Advertiser pursuant to this Agreement. The Advertiser further agrees to defend, hold harmless and indemnify NADA for any and all claims, causes of action, damages, demands, fine, liabilities, and penalties arising out of the Advertiser's negligent or reckless acts or omissions arising out of this Agreement.
VIII. NO APPROVAL OR ENDORSEMENT BY NADA
The Advertiser acknowledges that NADA does not approve, endorse, or sponsor any product or service contained in the Advertiser's advertisement. The Advertiser will not make any representation that NADA approves, endorses, or sponsors any of the Advertiser's products or services. The Advertiser also understands that NADA does not approve, endorse, or sponsor any person or company used by the Advertiser for creative, design, or other services, even if the Advertiser was referred to such Person or Company by NADA. The Advertiser acknowledges that NADA may publish advertising of any other entity in the NADA's Web site. Nothing in this Agreement shall be construed to mean or imply that the Advertiser has any license to use any NADA trademark, service mark, or logo, or trade name.
I,_____________________________________, of ____________________________
(Printed name of advertiser) (Printed name of business)
agree to the above terms and conditions.
Signature:_____________________________________________ Date: _________