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Banner advertising accepted for PEO Productions’
Web site, Focusvi.com, are subject to the
advertiser’s agreement to all Terms and
Conditions contained herein.
TERMS OF ACCEPTANCE
All
banner advertisements will be reviewed by PEO
Productions and are subject to approval by PEO
Productions. PEO Productions reserves the right
to refuse or cancel any advertising at any time
for any reason.
ADVERTISING CONTENT
PEO
Productions does not accept advertising that
contains or links to: (i) pornography, (ii)
explicit adult content, (iii) morally
questionable content, (iv) illegal content of
any kind, (v) illegal drugs promotion, (vi)
racism, and/or (vii) fraudulent suspicious
content. If your advertising and/or target web
site has any of this content the ad will be
deactivated without a refund of any kind.
Confidentiality
Each party agrees
not to disclose confidential information of the
other party without prior written consent,
except as provided herein. "Confidential
Information" includes (i) ads prior to
publication, (ii) submissions or modifications
relating to any advertising campaign, (iii)
click through rates or other statistics (except
in an aggregated form that includes no
identifiable information about the advertiser or
ad), and (iv) any other information designated
in writing as "Confidential." Confidential
information does not include information that
has become publicly known through no breach by
advertiser or PEO Productions, or has been (i)
independently developed without access to the
other party's Confidential Information; (ii)
rightfully received from a third party; or (iii)
required to be disclosed by law or by a
governmental authority.
WARRANTY AND INDEMNIFICATION
Advertiser represents and warrants that all
rights, including but not limited to any
copyrights, patent rights or other intellectual
property rights are either owned by the
advertiser or the advertiser has full authority
from each owner of such right to allow PEO
Productions to transmit such advertising
materials on the PEO Productions Web site. The
advertiser and any agency through whom
advertiser places advertising through hereby
agrees to defend, indemnify and hold PEO
Productions, its directors, officers, employees
and agents harmless from any and all claims,
damages and expenses of any nature arising out
of or relating to the placement of advertising
on web sites owned or managed by PEO
Productions, to any breech of foregoing
warranties or the transmission of the
advertising materials, including but not limited
to claims based on invasion of privacy, right of
publicity, libel, copyright or trademark
infringement, or other causes of action.
LIMITATION OF LIABILITY
PEO
Productions expressly disclaims any and all
warranties, whether express or implied,
including, without limitation, any implied
warranties of merchantability or fitness for a
particular purpose with regard to its
advertising services, including any and all oral
and written information communicated about such
services. To the maximum extent permitted by
applicable law, in no event shall PEO
Productions be liable for any consequential,
incidental, direct, indirect, special, punitive,
or other damages whatsoever (including, without
limitation, damages for loss of business
profits, business interruption, loss of business
information, or other pecuniary loss) arising
out of this agreement, even if PEO Productions
has been advised of the possibility of such
damages. Because some states and other
jurisdictions do not allow the exclusion or
limitation of liability for consequential or
incidental damages, the above limitation may not
apply to advertiser. In no case, and under no
theory of law, shall PEO Productions’ liability
for any error exceed the amount due or paid for
the advertisement giving rise to aforementioned
error.
TERMS OF PAYMENT
Payment is due in full before the start of each
advertising period. Upon payment, advertiser
will be provided detailed information for setup
of ads on PEO Productions’ on-line advertising
system.
CANCELLATIONS
ALL
CANCELLATIONS MUST BE SUBMITTED IN WRITING
TO FOCUS VI AT THE OFFICE OF WSTA 1340 WITHIN FIVE (5) DAYS OF CANCELLATION. All
cancellations will incur a penalty fee of 25% of
the total cost of ad, but if there is no written
cancellation, a penalty fee between 50% and 100%
will be charged, depending on the number of days
remaining on adverting contract period. Graphic
design services for banner ad design and
development are provided by external vendors,
not Focus VI. As such graphic design
services are not included in this cancellation
provision.
FULL AGREEMENT
This agreement represents the full and complete
statement of the Terms and Conditions under
which PEO Productions, Inc. will accept
advertising. No conditions, printed or
otherwise, appearing in insertion orders,
contract, insertion instructions, or any other
form of correspondence that conflict with these
terms and conditions will be binding on PEO
Productions, Inc.
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