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1. General.
A deposit must be submitted to 0-0Search.com in advance of initial
advertising date. By submitting advertising for inclusion on 0-0Search.com,
advertiser/agency agrees to be bound by the terms of this contract.
No conditions other than those set forth herein shall be binding on
0-0Search.com. This contract supersedes any previous agreements between
0-0Search.com and advertiser/agency relating to the subject matter
set forth herein. 0-0Search.com's only obligation to serve advertisements
hereunder shall be to serve advertisements of the advertiser described
herein, and in no event shall 0-0Search.com be obligated to serve advertisements
for any other advertiser.
2. Changes
and Cancellations. Cancellations and changes can be made
via the advertiser login. 0-0Search.com's advertising specifications
are accessible through the advertiser login. 0-0Search.com reserves
the right to change any of its advertising specifications at any
time.
3. Delivery,
Frequency and Makegood. All figures relating to the number
of advertisements served as determined by 0-0Search.com shall govern,
regardless of whether advertiser/agency is using the services of
a third party ad server. If 0-0Search.com fails to provide the guaranteed
number of impressions, 0-0Search.com will make good on this contract.
4. Key
Words and Phrases. 0-0Search.com offers no exclusivity on
keywords or phrases. Each advertiser will be given ranking positions
based upon the bid they enter on keywords/phrases.
5. Rejections.
0-0Search.com reserves the right, without liability, to reject, omit
or exclude any advertisement or to reject or terminate any links,
buttons, boxes or banners for any reason at any time, with or without
notice to the advertiser/agency, and whether or not such advertisement,
link, button, box or banner was previously acknowledged, accepted,
or published.
6. Licenses
and Indemnification. Advertiser/agency grants 0-0Search.com
the right to use, reproduce, publicly display and distribute advertiser's
advertisments and collateral information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency represents
that the advertiser is the owner or is licensed to use the entire
contents and subject matter contained in its advertisements and
collateral information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material, trademarks,
service marks, logos, and/or depictions of trademarked or service
marked goods or services; and (c) any testimonials or endorsements
contained in any advertisement submitted to 0-0Search.com. In addition,
advertiser/agency represents that the advertiser's advertisements
and collateral information do not violate any applicable local,
state or federal law or regulation. In consideration of 0-0Search.com's
acceptance of such advertisements and information for publication,
the advertiser and agency will jointly and severally indemnify and
hold harmless 0-0Search.com and its officers, directors, shareholders,
employees, accountants, attorneys, agents, parent, 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: (i) advertiser/agency's
breach of any covenants, representations and warranties made therein,
(ii) 0-0Search.com's performance under this contract, and (iii) the
copying, printing, distributing, transmitting or publishing of advertiser's/agency's
advertisements or collateral information by 0-0Search.com.
7. Limitation
of Liability. UNDER NO CIRCUMSTANCES WILL 0-0Search.com
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS,
IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF 0-0Search.com
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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