LINK SOFTWARE ADVERTISING CONTRACT
Please print out this page, sign in all applicable areas, and fax to:
(717) 399-3026
Link Software Corp. (Link) agrees to display an advertising button image for the Advertiser with a link from the button to the Advertisers page. This button shall be displayed on a specified static webpage of Link websites:
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The banner will continue to be displayed for a fixed number of months.The Advertiser agrees to supply an ad button image, and information of where to link the button to. The Advertiser shall forward a signed contract and payment in advance of advertising.
The advertiser agrees to hold harmless Link for content of their advertising.
PARTIES: Pursuant to this binding agreement Link Software Corp., Lancaster, Pennsylvania, and Advertiser, also known as ________________________________ of ________________________________, Advertiser shall pay to Link Software Corp. $ __________ after receipt of invoice, and Link shall reserve _____ guaranteed month(s), start date on ____________ and end date on ____________ of Advertising on website(s) _____________________________________________________, and on webpage(s) _____________________________________________________.DEFINITIONS:
"Advertising Space" means one Advertisement, stored on the Link Web Server.
"Advertisement" means the graphic file supplied by an Advertiser which can be selected by a user as a Link.
"Link" verb means a request for information from a server other than the Link Web Server located at Link Software Corp.
"Link" noun means Link Software Corp.
"Start Date" means the first day the Link Web Server will display the Advertisement.
"End Date" means the last day the Link Web Server will display the Advertisement.
"Link Web Server" means a server computer of Link Software that users may access via the Internet.
PAYMENT: Link 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: Link reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction, method, and guideline. Link 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. Link does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which Link Software 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 Link Software immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, Link may in its complete discretion refuse the use of any other advertising that it deems appropriate.
USAGE STATISTICS: LINK SOFTWARE MAKES NO GUARANTEE TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. LINK SOFTWARE SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. LINK SOFTWARE 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 Link Software's advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Link Software 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 Link and to hold Link Software harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Link, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that Link Software 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 LINK SOFTWARE 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 LINK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without Link's written consent. Any attempt to assign this Agreement without such consent will be null and void.
GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania.
ENTIRE AGREEMENT: 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 Link'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.
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Authorized Advertiser Representative_____________________________
Date_____________________________
Link Software Representative_____________________________
Date
LINK SOFTWARE BANNER ADVERTISING ORDER FORM
Company Name: ______________________________ Billing Address: ______________________________ ______________________________ City, State: ______________________________ 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: ______________________________ Start Date: ______________________________ End Date: ______________________________ URL to Link to: ______________________________ Banner Name: ______________________________ Alt Image Text: ______________________________
Please email all advertising graphics to webmaster@linksoftware.com.
Upon completion of this Agreement and Advertising Order, please sign and mail to
Link Software Corp.
Lancaster, PA 17602
or fax to (717) 399-3026
If you have any questions, please contact us by email at webmaster@linksoftware.com.