Terms of Service1. General. A deposit must be submitted to SquareDog.com in advance of
initial advertising date. By submitting advertising for inclusion on
SquareDog.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
SquareDog.com. This contract supersedes any previous agreements between
SquareDog.com and advertiser/agency relating to the subject matter set forth
herein. SquareDog.com's only obligation to serve advertisements hereunder shall
be to serve advertisements of the advertiser described herein, and in no event
shall SquareDog.com be obligated to serve advertisements for any other
advertiser.
2. Changes and Cancellations. Cancellations and changes can be made via the
advertiser login. SquareDog.com's advertising specifications are accessible
through the advertiser login. SquareDog.com reserves the right to change any of
its advertising specifications at any time.
3. Delivery, Frequency and Makegood. All figures relating to the number of
advertisements served as determined by SquareDog.com shall govern, regardless of
whether advertiser/agency is using the services of a third party ad server. If
SquareDog.com fails to provide the guaranteed number of impressions,
SquareDog.com will make good on this contract.
4. Key Words and Phrases. SquareDog.com offers no exclusivity on keywords or
phrases. Each advertiser will be given ranking positions based upon the bid they
enter on keywords/phrases.
5. Rejections. SquareDog.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.
6. Licenses and Indemnification. Advertiser/agency grants SquareDog.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 SquareDog.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 SquareDog.com's acceptance of such
advertisements and information for publication, the advertiser and agency will
jointly and severally indemnify and hold harmless SquareDog.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) SquareDog.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 SquareDog.com.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SquareDog.com 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 SquareDog.com HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES.
|