ROMANCE RADIO NETWORK
ONLINE ADVERTISING CONTRACT
Pursuant to this binding agreement Dennis Hays, owner of The Romance Radio Network, of 11 Circle Drive, Castleton on Hudson, NY 12033, and Advertiser, also known as ___________________ of ________________________, Advertiser shall pay to Dennis Hays, an advance payment for _____ months advertising of $ __________ on The Romance Radio Network.
SCOPE OF ADVERTISING PURCHASE
Under this agreement, advertiser purchases _____________________ at a monthly rate of $___,
Specific Pages for placement of the advertising are as follows:
- Banner above first posting on http://romanceradio.net
- (persistent for entire site)
- Sidebar advertisement on left sidebar at top on http://romanceradio.net (persistent)
- Classified advertisement – 2 lines text only with link (both persistent and non-persistent)
- “Advertising Space” means one banner Advertisement, stored on the Romance Radio Network Web server, with a defined Start Date.
- “Advertisement” means the graphic file supplied by an Advertiser which can be selected by a user as a Link.
- “Link” means a request for information from a server other than the Romance Radio Network Web server.
- “Start Date” means the first day the Romance Radio Network Web server will display the Advertisement.
The Romance Radio Network reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:
THE ROMANCE RADIO NETWORK reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction, method, and guideline set in the Technical Specifications which can be found on the THE ROMANCE RADIO NETWORK Web Site. THE ROMANCE RADIO NETWORK reserves the right to refuse any advertisement graphic that does not arrive seven days before the Advertiser would like the banner to be produced online. THE ROMANCE RADIO NETWORK does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which THE ROMANCE RADIO NETWORK 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 THE ROMANCE RADIO NETWORK immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, THE ROMANCE RADIO NETWORK may in its complete discretion refuse the use of any other advertising that it deems to be inappropriate.
THE ROMANCE RADIO NETWORK MAKES NO GUARANTEE OF ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME. THE ROMANCE RADIO NETWORK SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO PUBLISHED OR UNPUBLISHED USAGE STATISTICS. THE ROMANCE RADIO NETWORK 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 The Romance Radio Network’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by THE ROMANCE RADIO NETWORK 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 THE ROMANCE RADIO NETWORK and to hold THE ROMANCE RADIO NETWORK harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by THE ROMANCE RADIO NETWORK, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties. Advertiser agrees to request that THE ROMANCE RADIO NETWORK 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 THE ROMANCE RADIO NETWORK BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ROMANCE RADIO NETWORKHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Advertiser may not assign this agreement, in whole or in part, without The Romance Radio Network’s written consent. Any attempt to assign this Agreement without such consent will be null and void.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, USA.
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 The Romance Radio Network’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.
Dennis Hays, The Romance Radio Network
Authorized Advertiser Representative
ROMANCE RADIO NETWORK ADVERTISING ORDER INSERTION FORM
|Zip Code, Country:||______________________________|
|Advertising Contact Name:||______________________________|
|Advertising Contact Phone Number:||______________________________|
|Advertising Contact Fax Number:||______________________________|
|Advertising Contact Email:||______________________________|
|Billing Contact Name:||______________________________|
|Billing Contact Phone Number:||______________________________|
|Billing Contact Fax Number:||______________________________|
|Billing Contact Email:||______________________________|
|Number of Months:||______________________________|
|URL to Link to:||______________________________|
Please email all advertising graphics to .
Upon completion of this Agreement and Insertion Order, please sign and send as an email attachment to . If you have any questions, please contact us by email at , or by phone at (518) 779-2322.