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