1. GENERAL CONDITIONS: Acceptance of advertising for publication of advertising offered under this contract is contingent upon space being available as determined by WND.com (hereinafter referred to as “provider”). In the event of flood, fire, strike, or other emergencies beyond the control of either party, this contract shall be suspended and neither provider nor the advertiser held liable for damages.
We believe the information concerning this list to be accurate but we cannot guarantee its accuracy or the outcome of the mailing. Stated prices are for one time use only. Commissions are paid to recognized brokers and advertising agencies at standard industry rates. We are not liable for any damages or loss sustained through use of this list nor for any special or consequential damages, and in no event shall our liability exceed the price of the list.
Provider does not and cannot guarantee the outcome or profitability of any or all advertising campaigns.
2. REVIEW OF CONTENT: Provider reserves the right to accept or reject advertisements at any time, before or after acceptance for insertion. WND.com does not accept online advertising for massage, escort services, astrology, entertainment services, (900) telephone numbers, gambling, alcohol (including beer), tobacco, tea or coffee; NC-17 or X-rated movies. WND.com will not knowingly accept advertising for a book, motion picture or product involved in pending litigation.
3. PAYMENT OF THE ACCOUNT: Payment is required in advance for all advertisements unless otherwise stated in the payment terms of the agreement. If the account is placed for collection, interest will be assessed on all past due balances from the due date at the rate of 18% per annum both before and after the judgment. Further, the customer agrees to pay all cost of collection including, but not limited to, court costs, fees of any collection agency, and attorney’s fees whether hourly or contingent, which collection agency and/or attorney’s fees will not be less than 1/3 of the balance due. Individuals signing this agreement for themselves or for an advertiser or advertisers agree that they are liable under the provisions of this agreement jointly and severally and not as guarantors. This agreement will be considered to be in force when signed by the advertiser or his authorized agent and accepted for the publishers by the Vice President of Advertising.
4. TERMINATION/CANCELLATION: WND may terminate this agreement at any time, for any or no reason or for breaching any obligation specified in this agreement. WND may cancel agreement if it is found the client is providing an ad tag with viruses, malware, adware, or simply problematic. Cancellations by advertiser are not accepted unless otherwise stated and agreed to in the payment terms of the agreement. Cancellations must be in writing, and provided within the specified time frame outlined in the cancellation terms in the agreement. Orders cancelled after the mail date in the agreement will be charged full price. Cancellations may be subject to running charges. In the event of failure to pay within the terms referral to an attorney (either in house or outside counsel) or collection agency, Customer agrees to pay all costs of collection including reasonable attorney’s fees. All sales are final. There are no refunds of any sort. All ads shall run for their stated term unless canceled by WND.
5. TAXES: In the event any tax (Federal, State, or Municipal) is levied on advertising, the advertiser agrees to have this tax added to the regular rates (including those earned under contract) shown on this agreement.
6. CHANGES OF POLICY: The Provider reserves the right to change, amend or eliminate advertising policies or rates with 30 days written notice. Customer will; be given the option to cancel this agreement at that time, without penalty, or rewrite the agreement based upon the new policies and rates. Submitting an advertisement for insertion represents the advertiser’s agreement to abide by the policies of Provider. All advertising placed under this Web agreement is subject to the terms and conditions of Provider’s current rate card.
7. ADJUSTMENTS: The provider assumes no financial responsibility beyond re-runs or beyond adjustments for typographical errors, errors in duration of publication, or the partial omission of copy in the online ads. Adjustments or re-runs shall not exceed the cost of the space occupied by the error. In the case of an entire omission, the agency assumes no financial responsibility. The missing advertisement will be inserted as soon as conditions permit. In the case of service interruption, both Customer and Provider will agree on what steps are necessary to deliver the number of impressions requested by the Customer.
Claims must be made within 10 days of original publication. Credit is allowed for the first insertion only. No adjustments will be made for errors the advertiser fails to mark for correction on its proof. Receipts must be presented for cash refunds.
8. REPRESENTATIONS AND WARRANTIES BY PROVIDER/INDEMNIFICATION: Provider represents and warrants that (i) it shall comply with all applicable laws and regulations in carrying out the terms of this Agreement (including the CAN-Spam Act); (ii) it shall not change any creative materials provided by Customer without Customer’s prior written consent; (iii) it shall not use false or misleading email headers subject to Florida Business and Professions Code (i.e. “Subject” and “From” lines); and (iv) it shall ensure that it scrubs its email list using Customer’s email suppression file prior to each and every email drop. Provider agrees to indemnify, defend and hold harmless Customer and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees and costs) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach of any duty, representation or warranty under this Agreement. This section shall survive completion, cancellation or termination of the Agreement.
9. RESTRICTIONS: It is the advertiser’s responsibility to ensure that all ad materials comply with federal, state, and local laws, regulations, and ordinances.
Advertisers publishing advertisements picturing actual living persons recognizable by name to the general public must have obtained the written consent of such person; or, if a minor, his guardian; or, if such a person is dead his heirs or personal representatives.
WND.com reserves the right to reject or cancel any advertisement at any time.
WND.com offers bonuses to clients from time to time in the form of free or no charge ads. These types of ads carry no cash value.
Separately owned businesses may not advertise on one contract shared with other businesses unless a deal of association agreement is signed. The advertiser must be identifiable by name within the ad.
The provider is not responsible for false and misleading advertising. Ads that inconvenience or mislead readers are unacceptable and may be withheld.
10. SPYWARE: In accordance with Utah code 13-39-101 “Spyware Control Act”, WND.com strictly prohibit the delivery of Spyware on any of its agents sites. A partial definition of Spyware is a software based trigger or program that monitors computer usage, sends information about the computer usage to a remote computer or server displays, or causes to be displayed an advertisement in response to the computer’s usage without the knowledge or approval of the user. If an advertiser or 3rd party agency serves such an ad on the Provider’s sites, then such advertiser / 3rd party will be liable to both punitive action from the Provider, as well as any and all legal action from the consumer.
Advertisers hereby agree, and their advertising agencies must agree, to indemnify WND.com, its successors and assigns, and its affiliates, and all of its/their officers, agents and employees for any and all litigation, lose or damage, including attorney’s fees, arising out of or caused by any matter of advertising and/or material used in connection with an advertisement which is published by the Provider’s agents for advertiser.