Advertising Terms And Conditions in
The Silver Networks
By submitting advertising for inclusion on The
Silver
Networks
web site, each advertiser and advertising agency agrees to the following advertising
terms and conditions:
1. General
A signed contract/letter of request must be submitted to The
Silver
Networks
five (5) days in advance of the initial publication date. By submitting advertising
for inclusion on The
Silver
Networks
web site, 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
Silver
Networks
unless specifically agreed to in writing by The
Silver
Networks.
The Silver
Networks
will not be bound by conditions printed or appearing on order blanks or copy
instructions submitted by or on behalf of the advertiser/agency.
2. Ammendments and Cancellations
All advertising materials must be received at least five days in advance of
publication date. Cancellations will not be accepted after the published closing
date of the update to advertise in The
Silver
Networks
web site. Any changes to artwork must be received by The
Silver
Networks
at least five days in advance of requested change date. The The
Silver
Networks
reserves the right to change any of its ad banner specifications at any time.
Any cancellations or change orders must be made in writing and acknowledged
by The Silver
Networks.
Change orders cannot be submitted any more frequently than once every fourteen
(14) days. This contract may be cancelled or changed by The
Silver
Networks
or advertiser/agency on thirty (30) days written notice to the other party.
The Silver
Networks
may immediately terminate this contract if any change occurs in any applicable
laws or regulations that would, in The The
Silver
Networks
reasonable opinion, render The The
Silver
Networks
performance hereunder illegal or otherwise subject to legal challenge.
3. Billing
Unless otherwise agreed in writing, fifty percent (50%) of total contract
amount are due upon the execution of this contract by the advertiser/agency
and, thereafter, pro rata monthly in advance. If payment is not made timely,
The Silver
Networks
at its option, may immediately terminate the contract. In addition, advertiser/agency
shall be liable to The
Silver
Networks
for all solicitors' costs and other costs of collection. Interest will accrue
on any past due amounts at the rate of one percent (1%) per month, but not
in excess of the lawful maximum. The
Silver
Networks
shall have the right to hold the advertiser and/or its agency or agent jointly
and severally liable for all amount due.
4. Clicks and Discount
If The Silver
Networks
fails to provide the guaranteed number of clicks, The
Silver
Networks
will make good on this contract by providing advertiser with additional advertising
schemes. The Silver
Networks
will not make good for under-delivery due to delays caused by advertiser/agency.
Advertiser/agency understands that all frequency discounts are based on the
advertiser's/agency's commitment to fulfilling the frequency indicated in
the contract. If, for any reason, this frequency is not met by the time of
expiration or cancellation of the contract, advertiser/agency agrees to pay
a short rate charge on all ads run.
5. Rejections
The Silver
Networks
reserves the right, without liability, to reject, omit or exclude any advertisement
or to reject or terminate any links for any reason at any time, with or without
notice to the advertiser/agency, and whether or not such advertisement or
link was previously acknowledged, accepted, or published. Advertiser/agency
in this case, hold The
Silver
Networks
harmless against all loss, liability, damage and expense of any nature (including
legal fees) arising out of the advertiser / advertising agency's breach of
this Clause.
6. Licenses
The advertiser/agency represents that the advertiser is the owner or is licensed
to use the entire contents and subject matter contained in its advertising
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 The Silver
Networks.
In consideration of The
Silver
Networks
acceptance of such advertisements and information for publication, the advertiser
and agency will jointly and severally indemnify and hold The
Silver
Networks
harmless against all loss, liability, damage and expense of any nature (including
legal fees) arising out of The The
Silver
Networks
performance under this contract or the copying, printing, distributing, or
publishing of advertiser's/ agency's advertisements, advertiser grants The
Silver
Networks
the right to use, reproduce, and distribute the advertisements.
7. Misleading Advertisement
The advertiser / agency shall not include any advertising on The
Silver
Networks
web site that is misleading, unfair or deceptive and all advertising
on The The Silver
Networks
web site shall comply with all applicable laws and regulations. The advertiser
/ advertising agency shall indemnify The
Silver
Networks
and hold The Silver
Networks
harmless against all loss, liability, damage and expense of any nature (including
legal fees) arising out of the advertiser / advertising agency's breach of
this Clause.
8. Declaration
No public statements concerning the existence or terms of this contract will
be made or released to any medium except with the prior approval of both parties
or as required by law.