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General. A deposit must be submitted to
The Cyber Gopher
in advance of initial advertising
date. By submitting advertising for inclusion
on The Cyber Gopher
, advertiser/agency agrees
to be bound by the terms of this contract.
No conditions other than those set forth herein
shall be binding on The Cyber Gopher
. This
contract supersedes any previous agreements
between The Cyber Gopher
and advertiser/agency
relating to the subject matter set forth herein.
The Cyber Gopher
's only obligation to serve
advertisements hereunder shall be to serve
advertisements of the advertiser described
herein, and in no event shall The Cyber Gopher
be obligated to serve advertisements for any
other advertiser.
2.
Changes and Cancellations. Cancellations
and changes can be made via the advertiser
login. The Cyber Gopher
's advertising specifications
are accessible through the advertiser login.
The Cyber Gopher
reserves the right to change
any of its advertising specifications at
any time.
4.
Delivery, Frequency and Makegood. All
figures relating to the number of advertisements
served as determined by The Cyber Gopher
shall govern, regardless of whether advertiser/agency
is using the services of a third party ad
server. If The Cyber Gopher
fails to provide
the guaranteed number of impressions, The Cyber Gopher
will make good on this contract.
6.
Key Words and Phrases. The Cyber Gopher
offers no exclusivity on keywords or phrases.
Each advertiser will be given ranking positions
based upon the bid they enter on keywords/phrases.
8.
Rejections. The Cyber Gopher
reserves
the right, without liability, to reject,
omit or exclude any advertisement or to
reject or terminate any links, buttons,
boxes or banners for any reason at any time,
with or without notice to the advertiser/agency,
and whether or not such advertisement, link,
button, box or banner was previously acknowledged,
accepted, or published.
9.
Licenses and Indemnification. Advertiser/agency
grants The Cyber Gopher
the right to use,
reproduce, publicly display and distribute
advertiser's advertisments and collateral
information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency
represents that the advertiser is the owner
or is licensed to use the entire contents
and subject matter contained in its advertisements
and collateral information, including, without
limitation, (a) the names and/or pictures
of persons; (b) any copyrighted material,
trademarks, service marks, logos, and/or
depictions of trademarked or service marked
goods or services; and (c) any testimonials
or endorsements contained in any advertisement
submitted to The Cyber Gopher
. In addition,
advertiser/agency represents that the advertiser's
advertisements and collateral information
do not violate any applicable local, state
or federal law or regulation. In consideration
of The Cyber Gopher
's acceptance of such
advertisements and information for publication,
the advertiser and agency will jointly and
severally indemnify and hold harmless The Cyber Gopher
and its officers, directors, shareholders,
employees, accountants, attorneys, agents,
parent, affiliates, subsidiaries, successors
and assigns from and against any and all
third party claims, damages, liabilities,
costs and expenses, including reasonable
legal fees and expenses, arising out of
or related to: (i) advertiser/agency's breach
of any covenants, representations and warranties
made therein, (ii) The Cyber Gopher
's performance
under this contract, and (iii) the copying,
printing, distributing, transmitting or
publishing of advertiser's/agency's advertisements
or collateral information by The Cyber Gopher
.
10.
Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL The Cyber Gopher
BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME
OR PROFITS, IN ANY WAY ARISING OUT OF OR
RELATED TO THIS CONTRACT, EVEN IF The Cyber Gopher
HAS BEEN ADVISED AS TO THE POSSIBILITY OF
SUCH DAMAGES.
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