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Terms
Of Service
1.
General. A deposit must be submitted to Your Easy Search WebSite! in advance
of initial advertising date. By submitting advertising for inclusion
on Your Easy Search WebSite!, advertiser/agency agrees to be bound by the
terms of this contract. No conditions other than those set forth
herein shall be binding on Your Easy Search WebSite!. This contract supersedes
any previous agreements between Your Easy Search WebSite! and advertiser/agency
relating to the subject matter set forth herein. Your Easy Search WebSite!'s
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event
shall Your Easy Search WebSite! be obligated to serve advertisements for any
other advertiser.
2. Changes
and Cancellations. Cancellations and changes can be made via
the advertiser login. Your Easy Search WebSite!'s advertising specifications
are accessible through the advertiser login. Your Easy Search WebSite! reserves
the right to change any of its advertising specifications at any
time.
4. Delivery,
Frequency and Makegood. All figures relating to the number of
advertisements served as determined by Your Easy Search WebSite! shall govern,
regardless of whether advertiser/agency is using the services of
a third party ad server. If Your Easy Search WebSite! fails to provide the
guaranteed number of impressions, Your Easy Search WebSite! will make good
on this contract.
6. Key Words
and Phrases. Your Easy Search WebSite! offers no exclusivity on keywords
or phrases. Each advertiser will be given ranking positions based
upon the bid they enter on keywords/phrases.
8. Rejections.
Your Easy Search WebSite! 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.
9. Licenses
and Indemnification. Advertiser/agency grants Your Easy Search WebSite!
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 Your Easy Search WebSite!. 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 Your Easy Search WebSite!'s
acceptance of such advertisements and information for publication,
the advertiser and agency will jointly and severally indemnify and
hold harmless Your Easy Search WebSite! 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) Your Easy Search WebSite!'s performance under this contract, and (iii)
the copying, printing, distributing, transmitting or publishing
of advertiser's/agency's advertisements or collateral information
by Your Easy Search WebSite!.
10. Limitation
of Liability. UNDER NO CIRCUMSTANCES WILL Your Easy Search WebSite! BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY
WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Your Easy Search WebSite!
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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