Agreement for Advertising with TTM Web Enterprises
Placing an Ad on one of our Web sites acknowledges your agreement to following standard terms and conditions for submission of advertisement in any form, buttons banners, text etc. and any other previously submitted proposals generated or developed by TTM Web Enterprises on any site owned or licensed by TTM Web Enterprises:
1. General
No other conditions than those set forth herein shall have any binding effect on TTM Web Enterprises or any affiliates, associations or agreements that may have been previously made or currently exist now or in the future with TTM Web Enterprises unless specifically agreed to in writing by TTM Web Enterprises. Further, TTM Web Enterprises will not be bound by conditions or any instructions of use that may be printed or visibly appear on any submitted order blanks or forms submitted by or on behalf of any organization expressing this interest in advertising with TTM Web Enterprises. This contract will supercede all terms and conditions previously set forth between the advertiser’s organization and TTM Web Enterprises for the purchase of advertisement. This contract will not supercede additional, different or non mentioned terms or items in this contract that may be stated in any previous or current proposals, barters and other agreements that have been specifically generated, developed or proposed by TTM Web Enterprises unless otherwise stated by TTM Web Enterprises.
2. Payments
All fees (if any) are due upon execution of this contract by the advertiser organization or legal representative unless otherwise agreed to in writing. Thereafter payments for continued or extended advertising time periods are due at least 5 days in advance of the new billing cycle for continued, uninterrupted service. If payment is not made timely as specified or payment is not obtainable due to insufficient funds or other reasons, TTM Web Enterprises may immediately terminate this contract and advertiser may be liable for any expenses, legal or otherwise, incurred by TTM Web Enterprises in the attempt to obtain payment. Interest of one and one half percent per month will accrue on any delinquent payments but will not exceed the lawful maximum. TTM Web Enterprises will have the right to hold the advertiser’s organization, agency or legal representative jointly and severally liable for all amounts legally or rightfully due for all amounts due.
3. Modifications and Cancellations
TTM Web Enterprises reserves the right to modify any of it’s menus or page structures, buttons, logos or text specifications that TTM Web Enterprises deems necessary to the benefit of TTM Web Enterprises’ web pages for site function, performance and appearance or to the benefit of any of it’s users. Any advertisement modifications or change orders submitted by the advertiser may incur charges of not less than $100.00 to cover webmaster time and expenses unless included, in writing, with the sale of the ad. This fee may also be applied to any time extension to the advertisement beyond the contract agreement, in which case a new contract for the new advertisement running time will be drawn up. Advertisement and/or contract cancellations, by any submitting business or organization for ads that have already been placed, must provide 30 days written notice and will incur Webmaster's time and expense investment fee of not less than $150 plus the prorated portion of the ad running time with the minimum prorated portion to be 3 months.
4. Rejections
TTM Web Enterprises reserves the right, by it’s own sole discretion, to reject any advertisement, without liability, submitted that is deemed inappropriate or unacceptable for any reason for posting and/or publishing on any of it’s or affiliate's web pages and may immediately terminate this contract if any change occurs in any applicable laws or regulations that would render TTM Web Enterprises participation under this contract illegal or subject to legal challenge. TTM Web Enterprises also reserves the right, by it’s own sole discretion, to reject, omit or terminate for any reason at any time with or without notice, any links, that may or may not have been previously accepted, acknowledged, posted and/or published that are, by TTM Web Enterprises own sole discretion, deemed inappropriate or unacceptable.
5. Licenses and Indemnification
The advertiser, it’s organization or agency that represents the advertiser, represents that the advertiser is the legal owner, licensee or can demonstrate in writing the legal permission of the use of any and all material or subject matter submitted or expressed that is contained in the advertisement material to be posted on TTM Web Enterprises web pages including, but not limited to, any and all copyrights or copyrighted material, patents, trademarks, logos, service marks, photos, names, pictures and/or characterizations of persons, testimonials or endorsements. In consideration of TTM Web Enterprises acceptance of such material or subject matter for advertisement or postings on any of TTM Web Enterprises web pages, the advertiser, it’s organization or agency will jointly and severally indemnify and hold TTM Web Enterprises completely harmless against all loss, liability, expenses of any kind, legal or otherwise, arising as a result of TTM Web Enterprises agreement and participation under this contract.
6. Limitation of Liability
TTM Web Enterprises shall not be liable for any advertisement posted to any of it’s web pages that contain errors in content or omissions. It is the advertiser’s sole responsibility to verify the correctness and proper representation of any material or subject matter submitted for advertising and/or posting or published on any of TTM Web Enterprises pages or that is actively present on any of those pages and to inform TTM Web Enterprises of such errors and to provide a reasonable length of time for correction of said errors. TTM Web Enterprises total liability, in the rare event that corrections were not performed after advertiser’s notice to TTM Web Enterprises of any such errors and the for any such errors that were generated due solely to TTM Web Enterprises performance in posting or publishing the advertisement under this contract will be the prorated cost of the advertisement for the length of time the error persisted in the current monthly billing cycle. This prorated cost of the advertisement does not extend to or include any reimbursements for ads placed through barter or other proposal agreements generated, developed or entered into by TTM Web Enterprises. TTM Web Enterprises will not be held liable in any way for any delays in the servicing or delivery of the advertisement in the event of any of the following: Act of God, any network or electronic difficulties or malfunctions, failure, disruption, interruption, delays or downtime, reliabilities or effectiveness of any of the TTM Web Enterprises owned or licensed web sites, action by any government or military entity, strikes or transportation problems. UNDER NO CIRCUMSTANCES WILL TTM Web Enterprises BE LIABLE FOR ANY REASON FOR ANY POSSIBLE CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT, INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATIONS, FOR ANY LOSSES IN INCOME OR PROFITS ARISING OUT OF, RELATED TO, DIRECTLY OR INDIRECTLY, OR AS A RESULT OF ENTERING INTO THIS AGREEMENT OR CONTRACT REGARDLESS OF ANY PREVIOUS NOTIFICATION, WARNING, ADVISEMENT OR POSSIBILITY OF SUCH DAMAGES.
7. Jurisdiction and law forum
This contract shall be construed and interpreted in accordance with the laws of the state of Illinois and with the same force and effect as if fully executed and performed therein without it’s conflicts of laws provision. Each party agrees that any action related to this agreement must be brought in to the exclusive jurisdiction of the state and federal courts sitting in the City of Chicago in the State of Illinois, and waives any jurisdictional, venue or inconvenient forum objections to such courts.
This contract cannot be sold, assigned or in any way transferred by the advertiser, it’s organization, it’s representative agency or persons to any party. If any portion of this document is found to be legally unenforceable for any reason, the remaining portion will remain in full force and effect. This document represents the entire advertising agreement of all parties concerned. TTM Web Enterprises shall not be bound in any way by the representations of any third party, representative agent or brokers.