OTHER DEFINITIONS:
q
"JamaicanSportHonda.com Web server" refers to a server
computer of JamaicanSportHonda.com that users may access via the Internet.
q
"Advertising Space" means one Advertisement, stored on the
JamaicanSportHonda.com Web server, with a defined Start Date.
q
"Advertisement" means the graphic file supplied by an
Advertiser which can be selected by a user as a Link.
q
"Start Date" means the first day the JamaicanSportHonda.com
Web server will display the Advertisement.
q "Link"
means a request for information from a server usually located via the Internet.
SCOPE OF ADVERTISING PURCHASE
Special positioning requests attract a
surcharge to the cost of the advertisement. Specific Pages for placement of the
advertising are as follows: The Home page and Feature Pages (Chat, Stars,
Parts, News, Tips).
Once accepted, JamaicanSportHonda.com shall
reserve Advertising Space from the declared Start Date on the
JamaicanSportHonda.com Web server for the duration of the relevant advertising
request made in this contract.
ADVERTISING SPECIFICATIONS:
The Advertiser agrees
to place advertising on the JamaicanSportHonda.com website to the following
conditions:
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Size/Shape:
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Duration:
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Start Date:
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URL to Link to:
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Design Service
Required:
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_____________________________________________
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Cost (J$):
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_____________________________________________
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Advertising
Company Name:
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_____________________________________________
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Advertising
Contact Name:
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_____________________________________________
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Advertising
Contact Phone Number:
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_____________________________________________
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Advertising
Contact Fax Number:
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_____________________________________________
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Advertising
Contact Email:
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_____________________________________________
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Billing Contact
Name:
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_____________________________________________
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Billing Contact
Phone Number:
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_____________________________________________
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Billing Contact
Fax Number:
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_____________________________________________
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Billing Contact
Email:
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_____________________________________________
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Billing Address
(Line 1):
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_____________________________________________
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Billing Address
(Line 2):
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_____________________________________________
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Billing Address
(Line 3):
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_____________________________________________
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Billing Address
Country:
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_____________________________________________
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Description of Product
or Company to be advertised:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Special
Instructions:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
PAYMENT:
The total amount due
shall be made payable to JamaicanSportHonda.com and payment shall be made in
advance of placement of the above mentioned advertisement(s) on the website. JamaicanSportHonda.com
reserves the right to hold Advertiser and its authorized advertising agent
jointly and severally liable for any and all amounts owed.
CONDITIONS OF PLACEMENT:
All copy is subject to
the approval of JamaicanSportHonda.com who shall not be liable for the loss or
damage of any artwork or advertising material.
Advertisers and
advertising agencies assume responsibility and liability for all claims against
JamaicanSportHonda.com arising from the content of advertising.
JamaicanSportHonda.com
shall not accept any financial responsibility arising from errors in
advertisements. JamaicanSportHonda.com may, however, at their discretion make
an allowance or adjustment in such an instance providing that these be drawn to
JamaicanSportHonda.com’s attention before the Start Date.
No cancellations can
be accepted after the Start Date.
If advertising artwork
is not received by JamaicanSportHonda.com in time for the Start Date,
JamaicanSportHonda.com shall have the right to produce the advertisement
contracted for in whatever manner or form they think suitable.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:
JamaicanSportHonda.com reserves the right to
refuse any advertisement that does not completely conform to every detail,
instruction, method, and guideline set in the Technical Specifications which
can be found on the JamaicanSportHonda.com Web Site. JamaicanSportHonda.com
reserves the right to refuse any advertisement graphic that does not arrive five
(5) business days before the Advertiser would like the advertisement to be
displayed online. Please see the JamaicanSportHonda.com Advertising
Specifications page for details.
JamaicanSportHonda.com does not accept
advertising from companies that produce or provide pornographic products or
services (which JamaicanSportHonda.com shall have complete discretion to
define), or their subsidiaries, or foundations funded by such companies whose function
is to improve acceptance of such products by the public. This Agreement is
voidable by JamaicanSportHonda.com immediately if Advertiser fails to disclose
(or conceals or misrepresents) any involvement with pornographic products or
services. In addition, JamaicanSportHonda.com may in its complete discretion
refuse the use of any other advertising that it deems to be inappropriate.
USAGE STATISTICS:
JAMAICANSPORTHONDA.COM MAKES NO GUARANTEE OF
ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME. JAMAICANSPORTHONDA.COM SHALL NOT BE
HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO PUBLISHED OR UNPUBLISHED USAGE
STATISTICS. JAMAICANSPORTHONDA.COM IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH
USAGE STATISTICS.
TRUTH IN ADVERTISING / INDEMNIFICATION FOR
LIABILITY:
Advertiser is solely responsible for any legal
liability arising out of or relating to (1) the Advertisement, and/or (2) any
material to which users can link through the Advertisement. Advertiser
represents and warrants that the Advertisement and Link comply with JamaicanSportHonda.com's
advertising standards; and that it holds the necessary rights to permit the use
of the Advertisement and Link by JamaicanSportHonda.com for the purpose of this
Agreement; and that the use, reproduction, distribution, or transmission of the
Advertisement will not violate any criminal laws or any rights of any third
parties, including, but not limited to, such violations as infringement or
misappropriation of any copyright, patent, trademark, trade secret, music,
image, or other proprietary or property right, false advertising, unfair
competition, defamation, invasion of privacy or rights of celebrity, violation
of any antidiscrimination law or regulation, or any other right of any person
or entity.
Advertiser agrees to indemnify JamaicanSportHonda.com
and to hold JamaicanSportHonda.com harmless from any and all liability, loss,
damages, claims, or causes of action, including reasonable legal fees and
expenses that may be incurred by JamaicanSportHonda.com, arising out of or
related to Advertiser's breach of any of the foregoing representations and
warranties. Advertiser agrees to request that JamaicanSportHonda.com be listed
as an additional insured on any policy issued to Advertiser pursuant to which
there could be coverage for any of the forms of legal liability described in
this paragraph.
LIMITATION ON DAMAGES:
IN NO EVENT WILL JAMAICANSPORTHONDA.COM BE
LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN
EXCESS OF ACTUAL FEES PAID FOR THE SERVICES AGREED HEREIN, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR
NOT JAMAICANSPORTHONDA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT:
Advertiser may not assign this agreement, in
whole or in part, without JamaicanSportHonda.com's written consent. Any attempt
to assign this Agreement without such consent will be null and void. The Advertiser is not to be relieved of his liabilities under the
agreement by reason of any change to the Title, Management, or Ownership of the
advertised business.
GOVERNING LAW:
This Agreement will be governed by and
construed in accordance with the laws of the Jamaica.
ENTIRE AGREEMENT:
This Agreement and any and all exhibits and attachments are the
complete and exclusive agreement between the parties with respect to the
subject matter hereof, superseding and replacing any and all prior agreements,
communications, and understandings (both written and oral) regarding such
subject matter, provided that all pricing will be governed by
JamaicanSportHonda.com's Pricing Information, whether printed on paper or
electronically. The terms and conditions of this Agreement will prevail over
any contrary or inconsistent terms in any purchase order. This Agreement may
only be modified, or any rights under it waived, by a written document executed
by both parties.
Advertising
Agent: ..............................................................
Final
Value of Contract: ..............................................................
Accepted on
behalf of the Advertiser: ..............................................................
Date: ..............................................................
Accepted on behalf of
JamaicanSportHonda.com: ..............................................................
Date: ..............................................................
JamaicanSportHonda.com • 11
Dayton Avenue, Kingston 10 • Telephone: (876) 474-7077
Printed on 31/01/2006
09:20 AM
FINAL NOTES:
Please email all advertising graphics to
AdService@JamaicanSportHonda.com. Please see the Ad Specifications Page
for detailed advertising graphics information.
Upon completion of this Agreement and
Insertion Order, please print, sign and fax to (876)758‑7602. If you have
any questions, please contact us by email at AdService@JamaicanSportHonda.com,
or by phone at (876) 474‑7077.