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1.
General. A deposit must be submitted to
DishRecipe.com in advance of initial advertising
date. By submitting advertising for inclusion on
DishRecipe.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
DishRecipe.com. This contract supersedes any
previous agreements between DishRecipe.com and
advertiser/agency relating to the subject matter set forth
herein. DishRecipe.com's only obligation to
serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in
no event shall DishRecipe.com be obligated to
serve advertisements for any other advertiser.
2.
Changes and Cancellations. Cancellations and changes
can be made via the advertiser login.
DishRecipe.com's advertising specifications are
accessible through the advertiser login.
DishRecipe.com 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
DishRecipe.com shall govern, regardless of
whether advertiser/agency is using the services of a third
party ad server. If DishRecipe.com fails to
provide the guaranteed number of impressions,
DishRecipe.com will make good on this contract.
6.
Key Words and Phrases. DishRecipe.com 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. DishRecipe.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.
9.
Licenses and Indemnification. Advertiser/agency grants
DishRecipe.com 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
DishRecipe.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 DishRecipe.com's acceptance of
such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify
and hold harmless DishRecipe.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) DishRecipe.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
DishRecipe.com.
10.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL
DishRecipe.com 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
DishRecipe.com HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES. |
