RealtyU Group Contract for Interactive Advertising
By
submitting advertising for publication, each advertiser and advertising agency
agrees to the following standard advertising terms and conditions (v.2001.0705.01):
1. General. A signed contract must be submitted to RealtyU
Group five days in advance of initial publication date. By submitting advertising
for inclusion on the RealtyU Group site, advertiser/agency agrees to be bound
by the terms of this contract. No conditions other than those set forth herein
shall be binding on RealtyU Group unless specifically agreed to in writing by
RealtyU Group. RealtyU Group will not be bound by conditions printed or appearing
on order blanks or copy instructions submitted by or on behalf of the advertiser/agency.
This contract supersedes all terms and conditions on RealtyU Group rate cards.
2. Changes and Cancellations. All artwork must be received
at least five days in advance of publication date. Cancellations or copy changes
will not be accepted after the campaign has been posted to the RealtyU Group
site. Changes to artwork must be received by RealtyU Group at least three days
in advance of the requested change date. Any cancellations or change orders must
be made in writing and acknowledged by RealtyU Group. Change orders cannot be
submitted any more frequently than once every fourteen days. This contract may
be canceled by RealtyU Group or advertiser/agency on 30 days notice to the other
party.
3. Payment. Unless otherwise agreed in writing, payments
due RealtyU Group are 50% of first month's fees upon execution of the contract
by the advertiser/agency and 50% upon publication. If payment is not timely,
RealtyU Group, at its exclusive option, may terminate the contract. In addition,
advertiser/agency shall be liable to RealtyU Group for all attorney's fees and
other costs of collection. Interest will accrue on any past due amounts at the
rate of one and one-half (1-1/2%) percent per month, but not in excess of the
lawful maximum. RealtyU Group shall have the right to hold the advertiser and/or
its agency or agent jointly and severally liable for all amounts due.
4. Frequency and Discounts. If RealtyU Group fails to
provide the guaranteed number of impressions, RealtyU Group will make
good on this contract by providing advertiser with additional impressions. RealtyU
Group will not make good for under-delivery due to delays caused by advertiser/agency.
Advertiser/agency understands that all frequency discounts are based on the advertiser's/agency's
commitment to fulfilling the frequency indicated in the contract. If, for any
reason, this frequency is not met by the time of expiration or cancellation of
the contract, advertiser/agency agrees to pay a short rate charge on all ads
run. This charge will be equal to the difference between the rate shown in the
contract and the rate earned based on the applicable rate card for the actual
frequency completed. RealtyU Group will provide ______online traffic reports.
These reports will be deleted 90 days after the campaign ends.
5. Growth and Renewal.
(a) Per-Impression Contracts. At the expiration of a contract
for a guaranteed number of impressions, provided the contract is for _____ days
or more, advertiser/agency has the right to renew the contract for the same number
of impressions for a second contract period identical in duration to the first.
The purchase price for a second contract period will be determined according
to RealtyU Group's then current rate card.
(b) Notice of Renewal. In order to exercise the right
of renewal, advertiser/agency must notify RealtyU Group in writing 30 days before
the termination date of this contract that advertiser/agency is renewing the
contract for the second contract period. Failure to give timely notice will result
in forfeiture of the right to renew.
6. Licenses and Indemnification. Advertiser/agency represents
that the advertiser is the owner or is licensed to use the entire contents and
subject matter contained in its advertising and collateral information, including,
without limitation: (a) the names and/or pictures of persons; (b) any copyrighted
material, trademarks and/or depictions of trademarked goods or services; and
(c) any testimonials or endorsements contained in any advertisement submitted
to RealtyU Group . In consideration of RealtyU Group 's acceptance of such advertisements
and information for publication, the advertiser and agency will jointly and severally
indemnify and hold RealtyU Group harmless against all loss, liability,
damage and expense of any nature (including attorney's fees) arising out of the
copying, printing, distributing, or publishing of advertiser's/agency's advertisements.
If advertiser possesses any preexisting copyright interests in the advertisements,
advertiser grants RealtyU Group the right to use, reproduce, and distribute the
advertisements.
7. Rejection. RealtyU Group reserves the right without
limitation to reject, omit or exclude any advertisement or to reject or terminate
any links for any reason at any time, with or without notice to the advertiser/agency,
and whether or not such advertisement or link was previously acknowledged, accepted,
or published.
8. Limitation of Liability. RealtyU Group shall not be
liable for any omissions or errors in content. If such an error or omission occurs,
RealtyU Group's liability will be limited to the cost of the advertising (prorated
for the publishing completed). RealtyU Group will not be liable for any delays
in delivery and/or non-delivery in the event of an act of God, action by any
government entity, transportation, strike, network difficulties, electronic malfunction,
etc. or any feasibility, reliability, or effectiveness related to the RealtyU
Group site. RealtyU Group does not represent or warrant that the RealtyU Group
site will meet the objectives or needs of advertiser/agency or any third party.
In no event will RealtyU Group be liable for any failure, disruption, downtime,
interruption, miscalculation, delay, inaccuracy, or any other nonperformance
related to the RealtyU Group site.
UNDER NO CIRCUMSTANCES WILL REALTYU GROUP BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME
OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF REALTYU
GROUP HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
9. Choice of Law and Forum. This contract shall be interpreted
and construed in accordance with the laws of the State of Oregon, without regard
to its conflicts of laws provision, and with the same force and effect as if
fully executed and performed therein. Each party hereby consents to the personal
jurisdiction of the State of Oregon, acknowledges that venue is proper in any
state or federal court in Oregon, agrees that any action related to this Agreement
must be brought in a state or federal court in the State of Oregon, and waives
any objection that may exist, now or in the future, with respect to any of the
foregoing.
10. Miscellaneous. This contract cannot be sold, assigned
or transferred by advertiser/agency to any party. If any portion of the contract
is found unenforceable for any reason, the remainder shall remain in full force
and effect. No waiver by RealtyU Group of any provision herein shall operate
as a waiver of any other provision or any subsequent default. These terms represent
the entire agreement of the parties; RealtyU Group will not be bound by the representations
of any agents, brokers, or other third parties. Any modifications must be in
writing and signed by an authorized representative of RealtyU Group.
11. Service Disclaimer. The information and design of
this service are owned by RealtyU Group and/or Content Sources. Except for a
single temporary copy in a single computer's memory and a single permanent copy
to be used by user, the information contained herein may not otherwise be used
(not copied, performed, distributed, rented, sublicensed, altered, stored for
subsequent use, etc., in whole or in part, in any manner) without RealtyU Group's
and the Information Providers' express prior written consent (unless such use
constitutes fair use under the Copyright Act).
- All information contained herein is obtained by RealtyU Group from sources
believed by RealtyU Group to be accurate and reliable. Because of the possibility
of human and mechanical error as well as other factors, NEITHER REALTYU GROUP
NOR THE CONTENT SOURCE(S) IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS. ALL INFORMATION
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REALTYU GROUP AND
THE CONTENT SOURCES MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE.
- UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, REALTYU GROUP,
ITS AFFILIATES, AND THE CONTENT SOURCES SHALL HAVE NO LIABILITY IN TORT, CONTRACT,
OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY), TO THE USER AND/OR
ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCE SHALL REALTYU GROUP, ITS AFFILIATES, OR THE CONTENT
SOURCES BE LIABLE TO THE USER AND/OR ANY THIRD PARTY FOR ANY LOST PROFITS OR
LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
WHATSOEVER, EVEN IF REALTYU GROUP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some U.S. states and foreign countries provide rights in addition to those above,
or do not allow excluding or limiting implied warranties, or liability for incidental
or consequential damages. Therefore, the above limitations may not apply to you
or there may be state provisions that supersede the above. Any clause declared
invalid shall be deemed severable and not affect the validity or enforceability
of the remainder. These terms are governed by the laws of the State of Oregon
and may only be amended in a writing signed by RealtyU Group.
Place an Order
Call Robin at (949) 600-7168 (9:00AM – 5:00PM PST) or email her at ads@realtyu.com
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