Effective
May 25, 2004
1.
General - A signed Insertion Order must be submitted
to CastingCarolina.com in advance of initial publication
date if you choose monthly billing. By submitting
advertising for inclusion on CastingCarolina.com,
Advertiser agrees to be bound by the terms of this
agreement. No conditions other than those set
forth herein shall be binding on CastingCarolina.com
unless specifically agreed to in writing by CastingCarolina.com.
CastingCarolina.com will not be bound by conditions
printed or appearing on other parties order blanks
or copy instructions submitted by or on behalf of
the Advertiser.
2.
Payment - Payment must be made in full must be
received by the first calendar day of each month for
rates are based on a one calendar month period.
- 2.1
- Monthly Subscription- Subscription will be
charge on a reacurring monthly basis.
- 2.2
- Cancel Subscription- CastingCarolina.com
must be notified of cancelation of subscription
by simply emailing before the first of the next
reacurring month. Canceled subscription will be
canceled on the first on the next month.
3.
Changes and Cancellations - Modification requests
must be provided in writing at least 5 business days
prior to effective date. Limit one modification request
per calendar month. Either CastingCarolina.com
or the Advertiser may cancel this Agreement at any
time by giving the other party written notice of cancellation
at least thirty days prior to the effective date of
the cancellation, if the other party has not complied
with the terms and conditions of this Agreement.
CastingCarolina.com may so cancel this Agreement if
the Advertiser has failed to make any payment when
due or has become bankrupt, or if insolvency proceedings
are instituted by or against the Advertiser, or if
it is reasonably appears that the Advertiser's credit
is impaired.
4.
Limitation of Liability Due to Interruption of Service
- Any failure, interruption, or delay in presenting
the broadcasts provided for under this Agreement,
either in whole or in part, resulting from technical
difficulties or mechanical failure of computer equipment
or internet service, or from strikes, labor disputes,
boycotts, riots, civil insurrection, war or national
emergencies, governmental restrictions, acts of God,
or from any other cause beyond the control of CastingCarolina.com,
shall not constitute a breach of this Agreement.
Any damages sustained by Advertiser as a result of
CastingCarolina.com's breach of this Agreement shall
be limited to an amount equal to the monies paid by
Advertiser to CastingCarolina.com, pursuant to this
Agreement, during the billing period in which the
incident occurred.
5.
No Representations or Warranties or Damages -
ALL SERVICES PROVIDED TO ADVERTISER THAT ARE THE SUBJECT
OF THESE TERMS AND CONDITIONS ARE PROVIDED WITHOUT
WARRANTIES OF ANY NATURE, AND EACH OF CastingCarolina.com
AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL EITHER CastingCarolina.com
OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IF CastingCarolina.com
OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL CastingCarolina.com
OR ANY OF THEIR AFFILIATES BE LIABLE TO ADVERTISER
FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT
ACTUALLY RECEIVED BY CastingCarolina.com FROM ADVERTISER
FOR THE ADVERTISEMENT(S) AT ISSUE.
6.
Usage - Unless otherwise agreed to by CastingCarolina.com
in writing, CastingCarolina.com makes no guarantee
of a particular level of usage of number of impressions
for any advertisement, or the number of visitors,
or page views.
7.
Right to Reject Advertisement - All contents of
advertisements are subject to CastingCarolina.com's
approval. CastingCarolina.com reserves the right
to reject or cancel any advertisement, insertion order,
URL link, space reservation or position commitment,
at any time, for any reason whatsoever (including
belief by CastingCarolina.com that placement of advertisement,
URL link, etc., may subject CastingCarolina.com to
criminal or civil liability), without bearing any
liability for damages to Advertiser.
8.
No Assignment or Resale of Ad Space - Advertiser
may not resell, assign or transfer any of its rights
hereunder, and any attempt to resell, assign or transfer
such rights shall result in immediate termination
of this contract without liability to CastingCarolina.com.
9.
Indemnification - By submitting content for advertising,
the Advertiser represents that it has the rights to
use such material without infringing upon any trademark
or copyright. Advertiser agrees to indemnify
and hold harmless CastingCarolina.com and its affiliates
against any losses or expenses incurred by CastingCarolina.com
in connection with any claims arising out of publication
of the submitted material.
10.
Miscellaneous - This Agreement is subject to the
terms of the licenses held by CastingCarolina.com
and to all federal, provincial, and municipal laws,
regulations, and decisions, either presently in existence
or enacted in the future, including the regulations
and actions of all governmental administrative agencies
and commissions. The failure of CastingCarolina.com
to object to, or to take affirmative action concerning,
any conduct of the Advertiser that is in violation
of these terms shall not be construed as a waiver
of the right to object or to take affirmative action
with respect to that conduct or with respect to any
future breach of this Agreement or other wrongful
conduct. In the event of any material breach
of this Agreement, including a failure to make any
payments required under the Agreement, the other party
shall have to option to immediately cease all performance
under this Agreement in addition to exercising any
other available rights and remedies. If any
one or more of the provisions contained in this Agreement
is for any reason held to be invalid, illegal, or
unenforceable in any respect, that invalidity, illegality,
or unenforceability shall not affect any other provision,
and this Agreement shall be construed as if the invalid,
illegal, or unenforceable provisions had never existed.
If any action at law or in equity, including an action
for declaratory relief, is brought to enforce or interpret
the provisions of this Agreement, the prevailing party
shall be entitled to recover reasonable attorney's
fees from the other party. These fees may be
set by the court in the trial of the action or may
be enforced in a separate action brought for that
purpose, and shall be in addition to any other relief
that may be rewarded.
11.
Reporting - Unless otherwise agreed to in writing
by CastingCarolina.com, you will receive the following
emailed weekly reports: a) the number of visitors
to the site, b) the average number of visitors to
the site, c) the number of page views, d) the average
number of page views, and, e) the number of click-throughs
on your ad.
12.
Banner Ad Specifications - All banner advertisements
must meet the following requirements unless otherwise
agreed upon in writing by CastingCarolina.com.
- 12.1
Max Resolution: 120x120 pixels or 120x240 pixels
or 120x600pixels (gifs or jpegs only)
- 12.3
Max file size: 50K by
USA
standards.
- 12.3
Max alt text: 30 characters.
- 12.4
Target URL must be live at time of submission,
max 100 chars (including ‘http://’ prefix).
- 12.5
All banner ad graphics, target URL’s, and
text are subject to approval before placement on
the site.
- 12.6
All image files are submitted by customer in final
form as they will appear on the site.
- 12.7
No Flash or Shockwave ads will be accepted.
13.
Banner Ad Positioning Guidelines - Except as otherwise
expressly provided in the Insertion Order, positioning
of advertisement within the CastingCarolina.com properties
or on any page or page border is at the sole discretion
of CastingCarolina.com.Your 120x60 or 120x120 pixel
banner ad will be inserted somewhere in the Right
& Left borders of the main page. It will not be
placed at the top of the border. Once inserted, an
ad will not change positions, relative to the other
ads and the overall page layout, without prior agreement
of both parties.
