It is mutually understood that the acceptance of a CAPCO Marketing insertion order for advertising shall constitute a contract and shall be binding on both parties subject to the terms and conditions contained hereunder.
- The expression “publisher” shall mean CAPCO Marketing and/or the website for which CAPCO Marketing represents and is selling advertising for and the expression “Advertiser” shall mean the person, firm or company by whom an advertisement booking incorporating the terms and conditions contained herein is made and shall also mean and include the Advertiser’s successors in title and assigns.
- The Advertiser hereby warrants that he is solely responsible for and is authorized and entitled to advertise the business, service or product described in the copy (advertisements) and listings furnished and hereby indemnifies and holds the Publisher harmless from any and all claims, damages, demands or liabilities whatsoever arising out of any breach or non-compliance of any requirements, statutory or otherwise, relating to the Advertiser’s campaign, advertisement, its subject matter or content.
- The Advertiser understands that this insertion order contains final pricing (net) and that future advertising contracted with the Publisher may not be available at the same rate(s). The Publisher reserves the right to make necessary rate adjustments in its advertising schedule as announced in the Publisher’s online media kit (http://capcomarketing.com/mediakit). An Advertiser that has submitted an insertion order signed by both Publisher and Advertiser is guaranteed the rate listed within that insertion order for that ad campaign. An advertiser who does not complete a committed schedule (or insertion order) may be subject to short rate.
- Agencies or agents not directly contracted (or employed) by The Publisher are not entitled to any commissions or fees and The Publisher does not offer any additional agency discounts (unless specifically state otherwise herein).
- All payments shall be made within the due date stipulated in the Company’s invoices or this insertion order, and payment shall be made to the Publisher only (payable to CAPCO Marketing). Interest charges of 3% per month may be incurred on all amounts past due to the Publisher as determined by the dates on the insertion order or shipped invoices.
- The Publisher shall make all efforts to ensure that the advertisements and listings are correct but it shall not be liable for any loss or damage occasioned by its omission to insert an advertisement or by any errors in the contents or failure to advertise as contracted. In the event of the above, the Advertiser’s liability shall be to pay the contract sum or part thereof for the advertisement or listing concerned. The Publisher reserves the right to reject or cancel any advertisement order at its discretion.
- The Publisher will not accept advertising that is pornographic in nature; related to firearms or products or services deemed illegal in certain states; advertising as part of an affiliate program or revenue generating banner; advertising as part of an MLM, Get Rich or Business Opportunity type scheme of questionable character (as determined by Publisher); banner advertising that is amateurish in nature or poorly designed to the extent of damaging the appearance of the Publisher’s document/website. In such event, the Publisher reserves the right to reject or cancel the order in whole or in part without any responsibility or liability on the part of the Publisher.
- Advertisement orders may be cancelled at the sole discretion of the Publisher. In the event of the Publisher’s acceptance of cancellation of any order at the request of the Advertiser, the Advertiser may be subject to a cancellation penalty equal to 15% of the remaining balance on the insertion order or invoice.
- Advertisers cannot purchase banner advertising inventory in bulk and resell that space to third parties at a premium, or in any way in which a misrepresentation may arise as to whether or not the advertiser is an agent of The Publisher. Advertisers may, however, purchase ad space and divide that ad space among their own websites, brands or micro-sites.
- The Publisher will not be liable to the Advertiser for any damages, losses, costs or expense incurred by the Advertiser arising from third party service providers and/or companies not within the power of the Publisher (ie. an ad that does not appear as desired on an old version of an internet browser or device).
- The Advertiser agrees to and does hereby indemnify the Publisher from all reasonable out of pocket costs, proceedings, claims and demands of any description whatsoever including agency fees and solicitors costs and court fees, if any, in the event that it becomes necessary for the Publisher to institute or defend legal proceedings of any nature or in any way to enforce its rights in respect to this contract, provided that Publisher promptly notifies Advertiser of any third party claims and allows the Advertiser to control their defense of said claims.
- If The Publisher is unable to deliver the contracted number of ad impressions by a specified closing date as specified in the insertion order, the Publisher will continue the contracted advertising until all contracted impressions (ad units) are delivered (make good) or the billing difference will be refunded or applied to future advertising with the Publisher.