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Banner Campaign Terms
and Conditions:
GENERAL:
By placing an order for banner
advertising with Atomicbot.com, you are entering into a binding and
enforceable legal agreement with Atomicbot.com as set forth below.
Please read these Terms and Conditions carefully since, by placing an
order with Atomicbot.com, you are signifying your assent to this
agreement. As used in this agreement, the terms "Advertiser"
and "you" mean you, individually, and the company or entity
which you represent.
PAYMENT:
Advertiser agrees to pay
Atomicbot.com all applicable charges in United States dollars, in
accordance with the terms of the program, including, if any, all
applicable taxes, in accordance with billing terms in effect at the time
the fee becomes payable.
REPRESENTATIONS
AND WARRANTIES: You
represent and warrant that you have sufficient authority to enter into
this Agreement. You represent and warrant that your banner and web
site meet the standards and requirements of Atomicbot.com, as outlined
below. You will not hold Atomicbot.com its owners or affiliates liable
or responsible for the activities of visitors who come to your site(s)
through a banner appearing on Atomicbot.com or it's partner sites.
Further you agree that the number of clicks per 100 impressions (click
thru rate) is determined solely by the effectiveness your banner, as a result Atomicbot
cannot guarantee the number of clicks you receive on your banner.
SITE
STANDARDS: Banners
appearing on Atomicbot.com CANNOT contain adult, hate, or racist
content. Atomicbot may in it's sole discretion reject banner campaigns
that promote adult content; pornography; violence; or promote
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age; promote illegal activities; and violate or
infringe upon the rights of any third party, including intellectual
property rights. Additionally, approved banner campaigns that alter
their banners or site to include such content are subject to removal
without refund or notice.
YOUR
SITE: You hereby
acknowledge that Atomicbot.com is not responsible for creating or
maintaining your banner or web site.
INDEMNIFICATION:
Advertiser agrees to indemnify and hold harmless Atomicbot.com, and its
affiliates, from and against any losses, costs, damages or expense
(including reasonable attorneys' fees) resulting from claims or actions
arising out of or in connection with Advertiser's website content or
Advertiser's breach of any agreement, representation or warranty
hereunder, including, without limitation, claims for infringement of
copyright or other intellectual property rights and violation of rights
of privacy and publicity.
DISCLAIMER
AND LIMITATION OF LIABILITY: YOU
EXPRESSLY AGREE THAT USE OF Atomicbot.com IS AT YOUR OWN RISK.
ATOMICBOT.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF
THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE
NUMBER OF IMPRESSIONS RECEIVED OR SALES WHICH MAY BE DELIVERED.
ATOMICBOT.COM SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR
PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE
ATTORNEY’S FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR
ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER
INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL ATOMICBOT.COM
LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO ATOMICBOT.COM BY
ADVERTISER HEREUNDER. IN NO EVENT SHALL ATOMICBOT.COM BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT ATOMICBOT.COM HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF. ATOMICBOT.COM WILL NOT BE LIABLE FOR, OR CONSIDERED
TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO
PERFORM AS ANTICIPATED BY THE PARTIES, OR IF ITS SITE BECOMES INOPERABLE
OR INCAPABLE OF PERFORMING AS INTENDED. ATOMICBOT.COM MAKES NO
REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.
RIGHT
TO REJECT BANNERS AND CAMPAIGNS:
Atomicbot.com reserves the right to reject any and all banner and/or
banner campaigns, whether new or submitted by current advertisers, that
do not meet the SITE STANDARDS described in this agreement.
CANCELLATION
OR TERMINATION: Once a
campaign has begun, if for any reason you're not satisfied
with the banner campaign services provided by Atomicbot.com, or with any
of the terms and conditions contained herein, your sole remedy is to
cancel your campaign. You agree that due to the electronic nature of banner campaigns, all payments/fees
are 100% non-refundable.
BANNER
ADVERTISING SUPPLEMENTAL: Atomicbot reserves the right to randomly
insert banners from charities, non-profit organizations and for self
promotion purposes.
MISCELLANEOUS:
This agreement shall be
governed by and construed in accordance with the substantive laws of the
Province of Alberta, Canada and jurisdiction and venue of all matters
relating to this agreement shall be vested exclusively in the Province
of Alberta or Alberta Supreme Court, City of Calgary, Canada and you
agree to the jurisdiction of such Courts. No waiver, modification or
addition to this agreement shall be valid. This agreement constitutes
the entire agreement between the parties relating to the participation
in Atomicbot.com's banner campaign program. Atomicbot.com reserves the
right to change these terms and may change this agreement by posting
such changes. Advertiser's continued participation following such
changes shall be deemed an assent to such changes. Atomicbot.com
reserves the right to discontinue offering banner advertising or it's
banner campaign program at any time.
General
Banner Advertising Information |
