Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. ONLINE ADVERTISING CONTRACT
PARTIES:
Pursuant to this binding agreement Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A., also known
as Ithaca Night Life ( NightLife ), NY Website and other websites., which is owned by Ithaca Night Life ( NightLife
), NY OnLine Publications, D.B.A. / Roger M. Christian of B-104 University Park Apts, 87 Uptown Road, Ithaca< new York
14850, and Advertiser, also known as ___________________ of ________________________, Advertiser shall pay to Mr. Roger
M. Christian. an advance payment for three months advertising of $ __________.
Additional advertising may be purchased
under this agreement in 3 month increments by paying an additional fee of $ __________ within thirty (30) days after
receipt of invoice. Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.. shall reserve __________ guaranteed months
of Advertising Space from the Advertising Start Date of ________
SCOPE OF ADVERTISING PURCHASE
Under
this agreement, advertiser purchases ___ number of Primary Page Sponsorships at a three monthly rate of _______, with a quantity
discount of _______, and ______number of Secondary Page Sponsorships at a monthly rate of ________, with a quantity discount
of ________.
Specific Pages for placement of the advertising are as follows:
DEFINITIONS:
"Advertising
Space" means one banner Advertisement, stored on the Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. Web server,
with a defined Start Date. "Advertisement" means the graphic file supplied by an Advertiser which can be selected by a
user as a Link. "Link" means a request for information from a server other than the Ithaca Night Life ( NightLife ), NY
OnLine Publications, D.B.A. Advertising Space and the Sponsor's Advertisement. "Start Date" means the first day the Ithaca
Night Life ( NightLife ), NY OnLine Publications, D.B.A. Web server will display the Advertisement. "yahoo.com / other
Web server" means a server computer of yahoo.com / other that users may access via the Internet. "Impression" means the
number of times an ad banner is viewed.
PAYMENT:
Ithaca Night Life ( NightLife ), NY OnLine Publications,
D.B.A. reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and
all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:
Ithaca Night Life ( NightLife ), NY
OnLine Publications, D.B.A. reserves the right to refuse any advertisement sponsorship banner that does not completely conform
to every detail, instruction, method, and guideline set in the Technical Specifications which can be found on the Ithaca Night
Life ( NightLife ), NY OnLine Publications, D.B.A. Web Site. Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.
reserves the right to refuse any advertisement graphic that does not arrive seven days before the Advertiser would like the
banner to be produced online. Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. does not accept advertising
from companies that produce or provide tobacco, alcohol, or pornographic products or services (which Ithaca Night Life ( NightLife
), NY OnLine Publications, D.B.A. 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. This Agreement is voidable by Ithaca
Night Life ( NightLife ), NY OnLine Publications, D.B.A. immediately if Advertiser fails to disclose (or conceals or misrepresents)
any involvement with tobacco, alcohol, or pornographic products or services. In addition, Ithaca Night Life ( NightLife ),
NY OnLine Publications, D.B.A. may in its complete discretion refuse the use of any other advertising that it deems to be
inappropriate.
USAGE STATISTICS:
Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.
MAKES NO GUARANTEE OF ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME. Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.
SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO PUBLISHED OR UNPUBLISHED USAGE STATISTICS. Ithaca Night Life ( NightLife
), NY OnLine Publications, D.B.A. IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS.
TRUTH IN ADVERTISING
/ INDEMNIFICATION FOR LIABILITY:
Advertiser is solely responsible for any legal liability arising out of or relating
to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents
and warrants that the Advertisement and Link comply with Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.'s
advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Ithaca Night
Life ( NightLife ), NY OnLine Publications, D.B.A. for the purpose of this Agreement; and that the use, reproduction, distribution,
or transmission of the Advertisement 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 antidiscrimination law or regulation, or any other right of any person or entity. Advertiser
agrees to indemnify Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. and to hold Ithaca Night Life ( NightLife
), NY OnLine Publications, D.B.A. harmless from any and all liability, loss, damages, claims, or causes of action, including
reasonable legal fees and expenses that may be incurred by Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A.,
arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees
to request that Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. be listed as an additional insured on any
policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in
this paragraph.
LIMITATION ON DAMAGES:
IN NO EVENT WILL Ithaca Night Life ( NightLife ), NY OnLine
Publications, D.B.A. BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT Ithaca Night Life ( NightLife ), NY OnLine Publications,
D.B.A. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT:
Advertiser may not assign
this agreement, in whole or in part, without Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. 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 New York.
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 Ithaca Night Life ( NightLife
), NY OnLine Publications, D.B.A.'s 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.
_____________________________ Ithaca
Night Life ( NightLife ), NY OnLine Publications, D.B.A.. Signature _____________________________ Date _____________________________ Authorized
Advertiser Representative _____________________________ Date
Ithaca Night Life ( NightLife ), NY OnLine Publications, D.B.A. ADVERTISING ORDER INSERTION FORM
Company Name:
______________________________
Billing Address:
______________________________
______________________________
City, State:
______________________________
Zip Code, Country:
______________________________
Advertising Contact Name:
______________________________
Advertising Contact Phone Number:
______________________________
Advertising Contact Fax Number:
______________________________
Advertising Contact Email:
______________________________
Billing Contact Name:
______________________________
Billing Contact Phone Number:
______________________________
Billing Contact Fax Number:
______________________________
Billing Contact Email:
______________________________
Number of Months (3, 6, 9, 12):
______________________________
Start Date:
______________________________
URL to Link to:
______________________________
Upon completion of this Agreement and
Insertion Order, please sign and fax to To Be Announced. If you have any questions, please contact us by email at roger14850@lycos.com , or by phone at (607) 279-9945.
Instructions:
After your selection of the website you wis to place your ad, then have the contract form below printed three times and
then filled out after or during the initial contact phone call, and send all three copies with enclosed check. or money order to
the address listed.
Money order payment on contracts the advertising will be immediately published on the selected website before it is deposited.
Other:
Once the check amount clears, the advertsing will be immediately published on the selected website, then two copies
of the contract will be sent back to you immediately once you advertising has been placed. Moreover, you have the additional
option of any inital changes when your advertising is published with 72 hours.
