| General Terms and Provisions This Advertising Insertion Order ("Agreement") is a contract between Advertiser and RelaxStreet for the placement of Advertiser's advertisement(s) on the Website. By signing where indicated on the Agreement, and for good and sufficient consideration, receipt of which is hereby acknowledged, Advertiser makes the following warranties and representations to Relax Street and its licensees, successors and assigns, and agrees to strictly bound by the following general terms and provisions. 1. Advertiser's Assurances. Advertiser herby represents and warrants that Advertiser (a) is 18 years of age or older; (b) has read, understood, and agrees to be bound by all terms of this Agreement, front and back; and (c) owns, controls and is duly authorized to grant the rights and permissions which are granted below. 2. Advertiser Payments. Advertiser is contracting for the dates listed on this insertion order. Any changes and/ or cancellations to this insertion order must be made in writing by the official publish date listed. All advertisements are subject to the current rate card. If Advertiser has agreed to a term longer than 1 month, this agreement is subject to a rate adjustment if the signed frequency level is not completed. The rate adjustment will be made to the level of ads actually run. 3. Advertiser Content. Advertiser hereby warrants and represents that all words, images, sounds and/or other matter provided by Advertiser for use in connection with Advertiser's advertisements on the Website ("Advertiser Content") are owned wholly and solely by Advertiser, are lawful. accurate and authentic, depict the name (whether given or assumed), image, likeness, voice, signature, personality or other characteristics of Advertiser only and no other person, and may be freely used without risk of liability for any purpose contemplated under this Agreement, including but not limited to liability for obscenity, defamation, invasion of privacy, infringement of copyright, trademark, or right of publicity, or otherwise. Advertiser Content shall be provided to RelaxStreet at the sole cost and expense of Advertiser, and at such time and in such form as RelaxStreet may require. 4. Ownership or Intellectual Property Rights. Advertiser acknowledges and agrees all copyright, trademarks and other intellectual property rights in the Website and all of its contents are owned and controlled exclusively by RelaxStreet, its successors, assigns, and licensees and such rights may be freely assigned, sublicensed or otherwise conveyed by RelaxStreet in its sole discretion. Such rights include, but are not limited to, the words, images and sounds appearing on the Website; the selection and arrangement of such matter; the design, configuration, operation and appearance of the Website; and the method and manner of doing business in connection with the Website. Advertiser acknowledges and agrees that RelaxStreet may use such copyright, trademark and other notices as RelaxStreet may deem appropriate, to obtain copyright, trademark and other forms of registration, and to prosecute any acts of infringement, all in its own name and capacity or the names and capacities of its licensees. As used in this Agreement, "Website" refers generally to any and all sites operated by RelaxStreet and/or its licensees, including RelaxStreet on the World Wide Web and through various other media. 5. Grant of Rights. Advertiser grants irrevocably to RelaxStreet (a) all right, title and interest in and to Advertiser Content, in any and all media, in perpetuity and throughout the world, and (b) the non-exclusive right to use the name, imago, likeness, voice, signature, personality and other characteristics of Advertiser in connection with Advertiser's advertisements on the Website. 6. Rights in Photographs of Advertiser. Advertiser acknowledges and agrees that if Advertiser chooses to use a photographer at RelaxStreet to create or acquire photographs of Advertiser for use in connection with Advertiser's advertisements, then (a) any and all rights in and to photographs of Advertiser created or obtained by a photographer who has entered into a Master Photography Agreement with RelaxStreet vest wholly and exclusively in RelaxStreet, in any and all media, in perpetuity, and throughout the world, and (b) Advertiser alone is responsible for payment of fees and costs to such photographer(s). 7. Advertising Guidelines. Advertiser represents warrants. acknowledges and agrees as follows: (a) RelaxStreet does not engage in, or provide advertising for any illegal activities of any kind, including but not limited to solicitation of prostitution and/or prostitution; (b) Advertiser's advertisement(s) is not and will not be used to advertise, promote, offer or solicit any illegal activities of any kind, including but not limited to solicitation of prostitution and/or prostitution; (c) Advertiser has received, read, understood and agrees to strictly comply with the RelaxStreet Advertising Guidelines in placing advertising on the Website; (d) RelaxStreet shall enjoy the right to rescind this Parchment and remove Advertiser's advertising from the Website without refund or further obligation in the event that RelaxStreet determines that Advertiser is in breach of any term of this Agreement or the RelaxStreet Advertising Guidelines, including but not limited to a determination that Advertiser has used the advertising in connection with any illegal activities of any kind. 8. Advertising Policies. Advertiser acknowledges and agrees as follows: RelaxStreet enjoys the right to decline or remove Advertisers advertisement(s), or any portion thereof; from the Website if; in the sole discretion of RelaxStreet, Advertiser's advertisement(s) is in violation of the RelaxStreet Advertising Guidelines or is deemed otherwise inappropriate. Except as expressly provided in this Agreement, RelaxStreet may change its advertising rates and policies at any time at its sole discretion. RelaxStreet makes no guarantee as to placement of Advertiser's advertisement(s) in any particular order or location on the Website. Any failure by RelaxStreet to post Advertiser's advertisement to the Website will not be deemed a breach of this Agreement, which will be automatically extended to the extent of the omitted postings. Errors in the content of Advertisers advertisements will be corrected by RelaxStreet as soon as reasonable and practicable but shall not be diced a breach of this Agreement. This Agreement may not be assigned by Advertiser without the prior written consent of RelaxStreet. 9. Indemnification. Advertiser shall indemnify, defend and hold harmless RelaxStreet and their respective members, shareholders, officers, directors, employees, partners, associates, affiliates, joint ventures, agents, attorneys, and representatives, from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions based on any breach of this Agreement or any allegations which, if true, would constitute a breach of any of the foregoing warranties and representations, and any and all liabilities, losses, damages, expenses (including attorneys fees and costs) and damages in consequence thereof: 10. Arbitration. If any dispute shall arise between Advertiser and RelaxStreet regarding any aspect of this Parchment, such disputes shall be referred to binding private arbitration in the city where the business offices of RelaxStreet is located in accordance with though Rules of the American Arbitration Association, and any arbitration award shall be fully enforceable as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the parties shall have the right to conduct discovery and the right to seek interim, preliminary and permanent injunctive relief in any court of competent jurisdiction during the pendency of the arbitration or to enforce the terms of any award in arbitration. As the Advertiser you are agreeing to pay the ad rates posted at RelaxStreet.com. In addition you may be required to pay fees for changes and/ or set up fees. There are no refunds. Credit can be redeemed for up to one year. |