1. Preparation Of Ad. Based upon
the option selected from the attached Schedule A, Propex.com will post
Subscribers ad on the Propex.com Regional web site. Subscriber
has the option of selecting either Propex.com formatted
ads or use their own ad layout subject to size limitations
and the approval and consent of Propex.com.
Ads will not be built or published until this Contract is
completed and Subscriber has accurately completed and executed
the attached Contract for Advertising.
2. Publication.
Propex.com will publish Subscribers ads on the Propex.com
Regional web site for the period of time designated.
3. Payment. Subscriber
agrees to pay Propex.com in advance, the amounts set forth in the
attached Contract for Advertising. Unless otherwise provided, Subscriber
must pay in advance for any contract extension(s) commencing
immediately after expiration of the initial contract term in which the
ad(s) appears on the web site. Propex.com reserves the right to charge
Subscriber the maximum amount allowed under the law, in
addition to collection costs, attorneys fees, court costs, late fees,
returned check fees, or any other fees attributed to late or
non-payment by the Subscriber. The ANNUAL PERCENTAGE RATE is 18
percent. In addition, Propex.com reserves the right to remove from the
propex.com web site any ad for which payment is overdue.
4. Subscribers Use of Material. Subscriber
agrees and warrants that the material presented for display on the web
site violates no patents, copyrights, trademarks, and if any logo,
phrase or expression attributable to another is used, then permission
has been granted for use of same. Upon request, Subscriber will
present such evidence of permission.
5. Right To Edit. All ads and
content are subject to Propex.com approval and Propex.com reserves the
right to edit, revise, or reject any advertising or material presented
for matters of legality, falsity, bigotry, slander, taste, or other
matters which Propex.com, in its sole discretion, may deem
objectionable. Propex.com reserves the right to designate categories
and/or search criteria for Subscriber or Subscribers ad.
6. Information, Material, and
Content. Subscriber agrees to provide Propex.com and
authorizes Propex.com to collect all information, materials,
photographs, images or other content necessary or desirable for the
production and/or publication of the advertisement contemplated (the
"Content"). Subscriber acknowledges that Propex.com
shall be the exclusive owner of any and all right, title and interest,
including copyright, in and to the Content including any works of
authorship, inventions or other intellectual property created pursuant
to this Contract, and any advertising and/or promotional materials
relating thereto, other than Subscribers trademarks. Subscriber
will retain ownership of all materials in the form delivered to
Propex.com and any existing trade or service marks that it already
owns and hereby provides a limited world wide, royalty-free license to
Propex.com to use, sub-license, and/or distribute, such marks in the
creation and publishing of the advertisement in any medium and the
promotion of Propex.com and the Propex.com service. Subscriber
shall not provide to or allow to be used by any third party any work
product resulting from Propex.com services hereunder (including
physical or electronic materials).
7. Multiple Subscribers.
Propex.com may contract with multiple Subscribers for the same
service or product and this contract shall in no way prohibit
Propex.com accepting advertisements from other same or similar Subscribers.
At its sole discretion, Propex.com may choose to limit the number of Subscribers
for the same service, product, or category.
8. Frequency of Display. Unless
otherwise agreed in writing, Subscribers ad(s) will be
displayed on a random, rotating basis on the Propex.com web site. The
frequency of display will be based upon the number of Subscribers
on a particular web page and/or the number of visitors to the
Propex.com web site on any given day.
9. Disclaimer, Limitation of
Liability, Indemnification. Propex.com makes no guarantees to Subscriber
as to the level of reach, distribution, leads, revenues, traffic, or
business to be derived from the placements of ad(s). Propex.com is not
liable for any delayed delivery or non-delivery due to acts of god,
network difficulty, action by any governmental or quasi-governmental
agency, other force majeure, or other acts beyond the control of
Propex.com. ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THIS CONTRACT INCLUDING RESULTING FROM A PUBLICATION ERROR SHALL BE
LIMITED TO THE AMOUNT OF THE FEE PAID BY SUBSCRIBER HEREUNDER.
IN NO EVENT WILL PROPEX SERVICES, LLC AND/OR THE PROPEX.COM WEB SITE
BE LIABLE FOR ANY LOSS OR DAMAGE TO REVENUES, PROFITS, OTHER ECONOMIC
LOSS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND.
10. Miscellaneous. This
Contract contains the entire agreement of the parties hereto regarding
the subject matter hereof. No representation or promises of any kind
not set forth herein shall bind or in any way affect the obligations
of the parties to this Contract. The parties hereby agree that this
Contract is governed by the laws of the State of North Carolina. This
Contract is not assignable by Subscriber. Any purchaser of Subscriber
or the properties or services with respect to which this Contract
relates, shall be liable for the obligations of the Subscriber
under this Contract. This Contract may be amended or modified, and any
of the terms may be waived, only by a written instrument duly executed
by each of the parties hereto. If any provision of this Contract shall
be held by a court of competent jurisdiction to be contrary to law or
public policy, the remaining provisions of this Contract shall remain
in full force and effect.
Agreed:______________________________________________________
Date:________________________________________________________
If you wish to advertise, print
this and mail with your check to:
Propex Services, LLC
46 Orchard Street Asheville, NC
28801
