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HOMESCHOOLAD.COM ADVERTISER AGREEMENT

 

Advertiser Agreement

By participating in the HomeschoolAd.com Advertising Program(s), you are entering into a binding and enforceable legal agreement with HomeschoolAd.com (and/or its owners and operators as set forth below). You represent and warrant that you are authorized to enter into this agreement. Please read these Terms and Conditions carefully since, by participating in the in the HomeschoolAd.com Advertising Program(s), you are signifying your assent to this agreement. As used in this agreement, the terms "Client" and "You" mean you and the company or entity which you represent. The term "HomeschoolAd.com" refers to HomeschoolAd.com website (and/or its owners and operators as set forth below).

YOUR PAYMENT
The Client agrees to pay HomeschoolAd.com the fees indicated in our program rate card at the time of this agreement. Client acknowledges that its payment obligation hereunder is based solely on banner displays or impressions and not on Client's ability to convert banner or button impressions into click-throughs or sales.

OUR OBLIGATION
HomeschoolAd.com will create and maintain an Advertising Account for Client. HomeschoolAd.com will deliver the number of banner impressions purchased by Client as described in our program rate card at the time of this agreement. A Username and Pasword will be provided to Client to access the Ad Center to view banner statistics and reports online.

TERMINATION AND REFUNDS. You may cancel your participation in the HomeschoolAd.com Advertising Programs), by sending us an e-mail notification of cancellation of account. We reserve the right to review, decline, approve, or issue refunds on a case-to-case basis. Refunds are as folows: Fees paid for Banner and Button Advertising are non-refundable after 30 days. If Client elects to cancel before 30 days has expired, funds will be refunded less pro-rated fees plus $5.00 Set-Up fee.

     

YOUR REPRESENTATIONS AND WARRANTIES TO HOMESCHOOLAD.COM You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold HomeschoolAd.com (and/or its owners and operators)or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from HomeschoolAd.com. You further represent that your site is not unsuitable for the HomeschoolAd.com advertising program(s). Unsuitable sites include but not limited to those that promote sexually explicit material; promote violence; promote gambling; promote illegal activities; promote cultic activities, and violate or infringe upon the rights of any third party, including intellectual property rights.

YOUR INDEMNIFICATION OBLIGATIONS Client agrees to indemnify and hold HomeschoolAd.com (and/or its owners and operators) and its affiliates harmless 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 Client's website content or Client'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.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER HOMESCHOOLAD.COM (AND/OR ITS OWNERS AND OPERATORS) 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 OR CLICK-THROUGHS WHICH WILL BE DELIVERED. HOMESCHOOLADS.COM (AND/OR ITS OWNERS AND OPERATORS) 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 HOMESCHOOLAD.COM (AND/OR ITS OWNERS AND OPERATORS) LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO HOMESCHOOLAD.COM. BY CLIENT HEREUNDER. IN NO EVENT SHALL HOMESCHOOLAD.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 HOMESCHOOLAD.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. HOMESCHOOLAD.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, A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. HOMESCHOOLAD.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.

HOMESCHOOLAD.COM RIGHT TO REJECT All requested URL links, banners, buttons are subject to Homeschoolads.com's approval. Homeschoolads.com's reserves the right to reject, cancel or remove any URL link, banners, buttons at any time for any reason whatsoever.

MISCELLANEOUS This agreement shall be governed by and construed in accordance with the substantive laws of the State of Texas and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in Corpus Christi, State of Texas, 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 Homeschoolads.com's Advertising Program(s) and other services. This agreement supersedes all prior and/contemporaneous agreements and Client has relied upon no representations, oral or otherwise, not contained within this agreement.

AMENDMENT TO TERMS
Homeschoolad.com (and/or its owners and operators as setforth below reserves the right to change the terms upon which it offers its Advertising Program(s) and other services to the public and may change this agreement by posting such changes. Client's continued participation in the Advertising Program(s) and other services following such changes shall be deemed an assent to such changes.

Assignment, Subcontracting, Transfer
Homeschoolad.com may assign, subcontract, or transfer this Agreement and/or its Services anytime at its sole discretion.

Ownership and Notice
Homeschoolad.com is owned by Bing Howard DBA ChristianHomeschoolers.com in Corpus Christi, Texas.


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