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Terms
& Conditions
1.
General. A deposit must be submitted to Search The Poconos.COM
in advance of initial advertising date. By submitting advertising
for inclusion on Search The Poconos.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 Search The Poconos.COM.
This contract supersedes any previous agreements between Search The Poconos.COM
and advertiser/agency relating to the subject matter set forth
herein. Search The Poconos.COM's only obligation to serve advertisements
hereunder shall be to serve advertisements of the advertiser
described herein, and in no event shall Search The Poconos.COM be
obligated to serve advertisements for any other advertiser.
2.
Changes and Cancellations. Cancellations and changes can
be made via the advertiser login. Search The Poconos.COM's advertising
specifications are accessible through the advertiser login.
Search The Poconos.COM 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 Search The Poconos.COM
shall govern, regardless of whether advertiser/agency is using
the services of a third party ad server. If Search The Poconos.COM
fails to provide the guaranteed number of impressions, Search The Poconos.COM
will make good on this contract.
6.
Key Words and Phrases. Search The Poconos.COM 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. Search The Poconos.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.
9.
Licenses and Indemnification. Advertiser/agency grants
Search The Poconos.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
Search The Poconos.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 Search The Poconos.COM's acceptance
of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify
and hold harmless Search The Poconos.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) Search The Poconos.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 Search The Poconos.COM.
10.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Search The Poconos.COM
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 Search The Poconos.COM HAS BEEN ADVISED AS TO THE POSSIBILITY
OF SUCH DAMAGES.
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