|
General. A deposit must be submitted to dc2search.com in advance of initial advertising date. By submitting advertising for inclusion on dc2search.com, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on dc2search.com. This contract supersedes any previous agreements between dc2search.com and advertiser/agency relating to the subject matter set forth herein. dc2search.com's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall dc2search.com be obligated to serve advertisements for any other advertiser.
Changes and Cancellations.
Cancellations and changes can be made via the advertiser login. dc2search.com's
advertising specifications are accessible through the advertiser login.
dc2search.com
reserves the right to change any of its advertising specifications at any time.
Delivery, Frequency
and Make good. All figures relating to the number of advertisements served
as determined by dc2search.com shall govern, regardless of whether advertiser/agency
is using the services of a third party ad server. If dc2search.com fails to
provide the guaranteed number of impressions, dc2search.com will make good
on this contract.
Key Words and Phrases. dc2search.com offers no exclusivity on keywords or phrases. Each advertiser
will be given ranking positions based upon the bid they enter on keywords/phrases.
Rejections. dc2search.com
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.
Licenses and
Indemnification.
Advertiser/agency grants dc2search.com the right to use, reproduce, publicly
display and distribute advertiser's advertisements 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 dc2search.com.
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 dc2search.com's acceptance of such
advertisements and information for publication, the advertiser and agency will
jointly and severally indemnify and hold harmless dc2search.com 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)
dc2search.com's
performance under this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's/agency's advertisements or collateral
information by dc2search.com.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST
INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN
IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. |