ADVERTISING
Advertising Terms and Conditions
1. ADVERTISING. The advertiser shall purchase the online advertising package at the rate listed and for the duration specified in the insertion order. Unless specified otherwise, all advertising campaigns will start on a Sunday and end on a Saturday.
2. POSITIONING. Except as otherwise expressly provided in the contract, positioning of advertisements on d1sportsnet.com is at the sole discretion of the administrator. Advertiser acknowledges that D1SportsNet has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in the attached insertion order. D1SportsNet provides Advertiser with estimated usage only as a courtesy to the Advertiser and shall not be held liable for any claims relating to said usage statistics. Any information collected by D1SportsNet, or its site vendors, relating to users or Advertiser's site (including and without limitation any personally identifiable transactional data, secure data, or demographic information relating to users of the site), shall be property of D1SportsNet, and Advertiser shall not obtain any rights in such information by virtue of this agreement.
3. ACCEPTANCE OF ADVERTISEMENTS. D1SportsNet may, at its sole discretion, reject any advertisements.
4. CANCELLATION. All advertising contracts are final and cannot be cancelled for a refund.
5. INDEMNIFICATION. The Advertiser agrees to defend, hold harmless and will indemnify D1SportsNet from all damages, costs, and expenses, of any nature whatsoever, including but not limited to reasonable attorneys' fees, for which D1SportsNet may become liable by reason of its publication of the Advertiser's online advertising
6. COPYRIGHT. All advertising, which represents the creative effort of D1SportsNet and/or the utilization of creativity, illustrations, labor, composition, or material furnished by it, is and remains the property of the D1SportsNet, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize reproductions, in whole or in part, of any such advertising.
7. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the creation of the online advertising or on the sale of online advertising, such taxes shall be assumed and paid by Advertiser.
8. PAYMENT. The Advertiser shall make payment within 5 days of the billing date indicated on D1SportsNet's statement. In the event that the account becomes past due, in addition to such other remedies as it may have, D1SportsNet shall be relieved of its obligation to perform the advertising services under this Contract and the full of the contract shall immediately become due and payable by Advertiser. The Advertiser must also reimburse D1SportsNet for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys fees.
9. REJECTION OF ADVERTISEMENT. D1SportsNet reserves the right to not run any advertisement that is received and that is not in accordance with D1SportsNet's >policies. In addition, D1SportsNet reserves the right to reject or cancel any advertisement, order or reservation at any time and to reject any URL link embodied within any advertisement.
10. LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify D1SportsNet from all claims, losses, judgments, and damages arising there from. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to Acts of God, as well as all other matters Advertise might raise relevant to this contract, is limited to the amount charged to the Advertiser by D1SportsNet for the applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the matters first occurrence.
11. LIMITATION OF LIABILITY. D1SportsNet's liability is limited in all cases to the return of the charges made for the applicable advertising. THIS LIMITATION OF LIABILITY IS A CONDITION FOR THE ACCEPTANCE OF ANY ADVERTISING BY THE D1SportsNet. IN NO EVENT SHALL THE AUSTIN AMERICAN STATESMAN BE LIABLE TO ADVERTISER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE PUBLICATION OF OR FAILURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR NOT D1SportsNet WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADVERTISER FURTHER AGREES THAT D1SportsNet'S PROVIDER OF AD MANAGEMENT SERVICES, WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT MAY ARISE FROM ADVERTISER'S USE OF AD BANNER MANAGEMENT SERVICES ON d1afootball.com and d1basketball.net AND THAT NEITHER D1SportsNet NOR THE AD BANNER MANAGEMENT SERVICES WILL BE LIABLE TO ADVERTISER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
12. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.
13. OTHER DISCLOSURES. This Agreement may not be assigned or transferred by the Advertiser. It is expressly agreed that neither Advertiser, nor their respective agents and representatives, shall >disclose in any manner the terms and conditions of this Agreement to anyone not a party to it. This Agreement is governed by the laws of the State of Indiana. By signing below I certify that I am the owner or authorized representative of the Advertiser, and I hereby grant on behalf of the Advertiser its express permission and consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmission from any other business operated by D1SportsNet. I agree that such information may be transmitted to the mailing and email address(es), telephone number(s) and facsimile number(s) listed on the front of this agreement or to any other contact addresses and numbers used by the Advertiser. I further represent that the Advertiser is the owner or lessor of the facsimile equipment that will be used to receive fax messages at the numbers noted, or is the authorized representative of the equipment owner or lessor. The advertiser has read and agrees to the Terms and Conditions by the signature below. This agreement is fully executed upon the acceptance by both parties' signatures.
SIGNED BY:_______________________________________________________________________
DATE:__________________________________
Please sign, date, and email this contract to: sales@d1sportsnet.com
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