PARTIES: Pursuant to this binding agreement, "Company Name" listed above hereinafter "Advertiser" shall pay to Ron Jackson (WebIT Creations), proprietor of TexasFreeway, published at http://www.texasfreeway.com, hereinafter "Website"
Rates are as listed above.
Please use the form located above to calculate the amount due.
A hard copy and a computer file of each and every banner as it is to appear is attached.
"Banner" is defined as a graphic file in .jpg, or .gif format measuring a specified size and supplied by the Advertiser or created by WebIT Creations.
"Link" is defined as an active "hyperlink" to a page on a server other than the Website.
"Start Date" is defined as the first day the Website server will display the Advertisement. All start dates are on the first day of a calendar month.
All "term in months" are one or more single calendar months regardless of number of days in the month.
"Click through" shall mean when an end user "mouse clicks" on a "banner" in order to access a link attached to the banner.
All World Wide Web terminology is intended to be used as it is commonly used in day-to-day conversation relating to the World Wide Web.
PAYMENT: Payment must accompany the advertising contract. Website reserves the right to hold Advertiser and any of Advertiser’s agents jointly and severally liable for any and all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: Website reserves the right to refuse any advertisement, sponsorship or banner that Web Site deems inappropriate either because of content or untimely.
TIMELY DELIVERY OF ADVERTSING: Website reserves the right to refuse any advertisement graphic that does not arrive fourteen days before the Advertiser would like the banner to be produced online.
NO ALCOHOL, TOBACCO, GAMBLING OR PORNOGRAPHY: Website is intended for family audiences. Website does not accept advertising from companies that produce or provide tobacco, alcohol, gambling or pornographic products or other such services (which Website shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. Website also does not accept advertising for any criminal activity or racist propaganda of any sort. This Agreement is voidable by Website immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, gambling or pornographic products or services, criminal activities, or racist material.
USAGE STATISTICS: Upon request, but no more than once per month. Website makes no guarantee or representation whatsoever with regard to number of accesses to the Website. Website shall not be held liable for any claims as they relate to said usage statistics. Usage statistics are for informational purposes only.
LINK USAGE: In the event that Website provides a link from Advertiser’s banner to another site, Website makes no guarantee or representation as to number of "click throughs" from said link.
TRUTH IN ADVERTISING/INDEMNIFICATION FOR LIABILITY: Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement/banner, and/or (2) any material to which users can link through the Advertisement/banner(hereinafter "link target"). Advertiser represents and warrants that the Advertisement/banner and Link Target comply with Website’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement/banner and Link Target for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement/banner and link target will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify Website and to hold Website harmless from any and all liability, loss, damages, claims, or causes of action, including reason Website, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
LIMITATION ON DAMAGES: in no event will Website be liable to advertiser for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not Website has been advised of the possibility of such damage.
ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without Website’s written consent. Any attempt to assign this Agreement without such consent will be null and void.
GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of Texas.
ENTIRE AGREEMENT: This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by Website Pricing Information, whether printed on paper or electronically. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
On behalf of: