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The DINOSAUR Interplanetary Gazette


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ADVERTISING CONTRACT
February 10, 1998

Basic Instructions

The Contract PARTIES: Pursuant to this binding agreement ,   ___________________________ [Name, Address] hereinafter "Advertiser" shall pay to Edward Summer, proprietor of The Dinosaur Interplanetary Gazette, an eZine published at http://www.dinosaur.org, hereinafter  "Website"

Rates are as listed above.

A hard copy and a computer file of each and every banner as it is to appear is attached.

DEFINITIONS:

"Banner" is defined as a graphic file in .jpg or .gif format measuring a specified size and supplied by the Advertiser.

"Link" means an active "hyperlink" to a page on a server other than the Website.

"Start Date" means the first day the Website server will display the Advertisement. All start dates are the first of a calendar month.

All "term in months" are one or more single calendar months regardless of number of days in the month.

"Click through" shall mean when an end user "mouse clicks" on a "banner" in order to access a link attached to the banner.

All World Wide Web terminology is intended to be used as it is commonly used in day-to-day conversation relating to the World Wide Web.

PAYMENT: Payment must accompany advertising contract. Website reserves the right to hold Advertiser and any of Advertiser’s agents jointly and severally liable for any and all amounts owed.

RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: Website reserves the right to refuse any advertisement, sponsorship or banner that Web Site deems inappropriate either because of content or untimely submission to the Website.

TIMELY DELIVERY OF ADVERTSING:  Website 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.

NO ALCOHOL, TOBACCO, PORNOGRAPHY: Website is intended for family audiences.  Website does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or other such services (which Website 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. Website also does not accept advertising for any criminal activity or racist propaganda of any sort. This Agreement is voidable by Website immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol,  pornographic products or services, criminal activities, or racist material.

USAGE STATISTICS: Website is not required to provide advertisers with usage statistics. Website makes no guarantee or representation whatsover with regard to number of accesses to the Website. Website shall not be held liable for any claims as they relate to said usage statistics. Website may from time to time publish approximate usage for informational purposes only.

LINK USAGE: In the event that Website provides a link from Advertiser’s banner to another site, Website makes no guarantee or representation as to number of "click throughs" from said link.

TRUTH IN ADVERTISING/INDEMNIFICATION FOR LIABILITY: Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement/banner, and/or (2) any material to which users can link through the Advertisement/banner(hereinafter "link target").  Advertiser represents and warrants that the Advertisement/banner and Link Target comply with Website’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement/banner and Link Target for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement/banner and link target 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 anti-discrimination law or regulation, or any other right of any person or entity.  Advertiser agrees to indemnify Website and to hold Website harmless from any and all liability, loss, damages, claims, or causes of action, including reason Website, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.

INSURANCE: Advertiser agrees to request that Website 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 website be liable to advertiser for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not website has been advised of the possibility of such damage.

ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without Website’s 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 Website 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.

_____________________________________
Signed

_____________________________________
On behalf of:

_____________________________________
Date
 

ADVERTISING ORDER INSERTION FORM

Payment must accompany order.

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: