Website Advertising Agreement

Because there are just too many attorneys, here's the legal stuff to protect everyone regarding advertisements. This is an ELECTRONIC CONTRACT. Just read it, complete the fields at the end, and agree. Thank you for your support of the SOA Middle School Strings Program. 100% of the advertising fee will be used to support the Program.

(For a PDF version of this Agreement, CLICK HERE)
____________________________________________________________


www.soastrings.com WEBSITE ADVERTISING AGREEMENT

THIS INTERNET ADVERTISING AGREEMENT (the "Agreement") is made between Charleston County School of the Arts Middle School Strings Program ("Publisher"), owner of www.soastrings.com (the "Site"), and the electronically undersigned advertiser AS LISTED IN THE "ADVERTISER" fields at the end of this form ("Advertiser").

In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows:

1. Acceptance of Agreement
a) This Agreement is an ELECTRONIC CONTRACT that sets out the legally binding terms of advertising on the Site. By registering to advertise on the Site, you consent to have this Agreement provided to you in electronic form.
b) You agree to the terms and conditions outlined in this Agreement with respect to purchasing and placing Advertising Icons, Banners or other images on the Website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products, referrals, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to placing and purchasing any order. The specific Agreement that is in place at the time of your purchase shall be binding throughout the purchased time period for that specific purchase. Any renewals of the same Advertisement will be binding to the Agreement that is in effect at the time of renewal.
c) You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the agreement. To receive a non-electronic copy of this Agreement, please CLICK HERE.

2. Advertising.
a) Any advertising submitted by Advertiser must be in form and substance acceptable to Publisher at Publisher's sole discretion.
b) Advertiser states he or she has the Right to enter into this agreement and submit the Banner Advertisements to be published on the Website, in any currently existing or future formats and media, and that said Banner Advertisement(s) submitted by or on behalf of said Advertiser will not (i) violate any right of any third party, including but not limited to any copyright, trademark, patent or right of publicity or privacy, (ii) contain any statement that is false, misleading, malicious, libelous or defamatory, or (iii) violate any applicable law, rule or regulation.
c) Publisher, in its sole discretion, has the right to refuse or reject any Icon/Banner Advertisement(s) submitted.

3. Payment.
a) Advertiser shall pay the fee set forth in either the Publisher's website at time of placing order, or any promotional offers in effect at time of placing order. Any order not placed online must first be approved by Publisher, and all payments not paid online are due within ten (10) days unless stated otherwise. Payment-in-full is required. In the event payment is not received or, for any reason, is unpaid, we may suspend the publication of any Icon/Banner Advertisement online.
b) Publisher is not bound by any terms or conditions that are unwritten or that appear on order forms, purchase orders or copy instructions when those terms or conditions conflict with or alter any provision contained in Publisher's rate card, its policies, or this Agreement.

4. Indemnity. Advertiser shall at all times defend, indemnify and hold harmless Publisher and its officers, directors, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to the content of Advertiser's advertisements served by Publisher pursuant to this Agreement and/or any materials to which users can link through those advertisements.

5. Limitation of Liability.
a) UNDER NO CIRCUMSTANCES SHALL PUBLISHER BE LIABLE TO ADVERTISER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT; SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
b) Publisher disclaims any and all representations and warranties, including any regarding merchantability, fitness for particular purposes, suitability, compliance with laws, quality, or otherwise, with respect to the Publisher's Website.
c) Publisher shall have no liability in all cases resulting from events that are beyond its reasonable control.
d) IN NO EVENT SHALL PUBLISHER BE LIABLE IN ANY WAY FOR AN AMOUNT GREATER THAN THE APPLICABLE RATE OR PROMOTIONAL DISCOUNT VALUE PAID BY ADVERTISER OR OWED TO PUBLISHER.
e) PUBLISHER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION 5.

6. Intellectual Property Rights. Neither party will acquire any ownership interest in each other's intellectual property. Publisher shall have the right to place Advertiser's logo, trade name and trademark on any advertising from Advertiser and to otherwise use such items in connection with the purposes of this Agreement.

7. Legal Compliance. Advertiser agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the Site and the Content and Materials provided therein.

8. Force Majeure. Neither Publisher nor Advertiser shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, Internet interruption, government acts, and other similar events.

9. Miscellaneous. This Agreement will be deemed entered into in the State of South Carolina, County of Charleston, USA, and will be governed by and interpreted in accordance with the laws of the State of South Carolina, USA, excluding that body of law known as conflicts of law. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The parties agree that any dispute arising under this Agreement will be resolved solely through confidential binding arbitration in the County of Charleston, South Carolina, USA before one arbitrator selected by the American Arbitration Association under the then-existing rules thereof. In the event of any dispute, each party shall bear its own attorney's fees, expert witness fees, and one-half of the arbitrator fees. The prevailing party in such arbitration shall be entitled to recover costs and reasonable attorney's fees. The determination of the arbitrator(s) shall be final and binding, and may be enforced in any court, to which jurisdiction the parties hereto agree to submit. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The provisions of this Agreement relating to payment of any fees or other amounts owed, indemnification, confidentiality, limitations of liability and intellectual property shall survive any termination or expiration of this Agreement. The terms of this Agreement are the confidential information of Publisher. The language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party.
"Advertiser" Name
  
"Advertiser" Contact Name - (if different than above)
  
"Advertiser" Phone
  
"Advertiser" E-mail
  
Agreement Acceptance
  



Contact Us: susan_mears@charleston.k12.sc.us or 843-529-4990

Build a website with Andy's Web Tools