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Last Modified: 10/10/09
Please read over these terms carefully before purchasing ad space. By purchasing, you are agreeing to our terms of service which is a legally binding agreement between all parties.
It
is very important to understand that we cannot and will not be held
responsible for the outcome of your advertisements. As with any other
advertising service, your ad is key and a large determining factor of
its own success. We will stand by our services and products 100%.
All ad purchases are NON REFUNDABLE AFTER your ads have been submitted and/or programmed but are backed by our Quality Guarantee.
You may request a cash refund at any time before your ads are
programmed. After this time, you will be fully and unconditionally
covered by our Quality Assurance Guarantee program.
 | Quality Assurance Guarantee
Ads are guaranteed to run to your specifications or your ad will run again absolutely free!
*Clients
are entitled to 1 free Quality Guarantee ad per ad purchase. The number
of Quality Ad Guarantees is left solely to the discretion of
SDTadvertising.com staff. |
We adhere to the FTC's rules and regulations regarding Internet Advertising. Click here to read what this means for your campaigns.
By
purchasing an advertising service from SDTadvertising.com or one of
it's affiliates, you are in turn agreeing to be binded to the following
terms of service: SDTadvertising.com
makes available a variety of products and services through the
SDTadvertising.com Network (collectively, the "Products and Services")
subject to these General Terms and Conditions ("Terms and Conditions").
In addition, there are a variety of special products and services
offered through the SDTadvertising.com Network that have separate
registration procedures and separate terms and conditions, terms of
service, user agreements, or similar legal agreement. When you are
using any service or product on the SDTadvertising.com Network that
does not have a separate legal agreement, the Terms and Conditions set
forth here will apply. SDTadvertising.com also may supplement the Terms
and Conditions with posted guidelines or rules applicable to specific
areas of the SDTadvertising.com Network. In addition, the
SDTadvertising.com Network also may offer other services from time to
time that are governed by the terms of service of the respective
service partners. Because the Terms and Conditions contain legal obligations, please read them carefully.
Special Note:
Autoresponders, AOL, MSN, Hotmail, Yahoo, invalid or zwallet eMail
addresses are not permitted! We need your accurate and valid contact
eMail address to send your confirmation emails! Anyone who submits
an invalid eMail address as a contact address will have their
ad submission priviledges revoked permanently! For information about
how we use your personal information, check out our PRIVACY POLICY.
General
By becoming an Advertising client of SDTadvertising.com you acknowledge and agree to the following statements:
In no way can SDTadvertising.com.com be held liable for the success or outcome of your advertisements.
The successfullness of your advertising campaign depends solely on you and/or your offers.
You
agree to receive Email updates regarding products and services from SDTadvertising.com.
Valid Email
addresses are required for delivery of our newsletters. This will
ensure that you receive a copy of your ad when it runs.
Any
client that submits an AOL, MSN, Yahoo, Boxfrog, Hotmail,
autoresponder, invalid or zwallet eMail addresses as their subscription
Email address will be permanently banned from our ezine advertising
submissions and your pending ads will be deleted from the que!
No refunds on cancelled ads due to bounced, or invalid eMail addresses! No exceptions.
A
$20.00 fee will be accessed (payable by money order only) for all
credit card chargebacks and bad or returned electronic checks.
ACCEPTANCE
By
using the Products and Services, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and
Conditions and any other posted guidelines or rules applicable to any
individual SDTadvertising.com Network web site, Product or Service. All
such guidelines and rules are hereby incorporated by reference into the
Terms and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use
of the Products and Services is subject to compliance with these Terms
and Conditions. You acknowledge and agree that SDTadvertising.com may
terminate your access to the SDTadvertising.com Network or to any of
the Products and Services should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by
SDTadvertising.com. Any such termination shall be in SDTs' sole
discretion and may occur without prior notice, or any notice.
SDTadvertising.com further reserves the right to terminate any user's
access to the SDT Network or to any of the Products and Services for
any conduct that SDTadvertising.com, in its sole discretion, believes
is or may be directly or indirectly harmful to other users, to SDT or
its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. SDTadvertising.com further
reserves the right to terminate any user's access to the SDT Network or
to any of the Products and Services for any reason or for no reason at
all, in SDTadvertising.com' sole discretion, without prior notice, or
any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.SDTadvertising.com
or another of the URLs associated with the SDTadvertising.com Network.
SDTadvertising.com does not discriminate on the basis of age, gender,
race, ethnicity, nationality, religion, sexual orientation, or any
other protected status.
General.
By submitting advertising for inclusion on any SDTadvertising.com
Network site or service, advertiser/agency agrees to be bound by the
terms of this contract. No conditions other than those set forth herein
shall be binding on SDTadvertising.com.com unless specifically agreed
to in writing by SDTadvertising.com. SDTadvertising.com 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 SDTadvertising.com's
rate cards, and any previous agreements between SDTadvertising.com and
advertiser/agency relating to the subject matter set forth herein.
SDTadvertising.com's only obligation to serve advertisements hereunder
shall be to serve advertisements of the advertiser described herein,
and in no event shall SDTadvertising.com be obligated to serve
advertisements for any other advertiser.
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 published closing date of the update to the
SDTadvertising.com Network site or service on which the advertising is
to run. Changes to artwork or text must be received by SDTadvertising.com at least five days in advance of requested change date. SDTadvertising.com's advertising specifications are accessible through the URL http://SDTadvertising.com.com/
SDTadvertising.com reserves the right to change any of its advertising
specifications at any time. Any cancellations or change orders must be
made in writing and acknowledged by SDTadvertising.com. Change orders
cannot be submitted any more frequently than once every fourteen days.
This contract may be cancelled or changed (i) by SDTadvertising.com at
any time for any or no reason without notice, or (ii) by
advertiser/agency on 10 days written notice to SDTadvertising.com.
Payment.
Unless otherwise agreed in writing, the fees are due upon the execution
of this contract by the advertiser/agency and, thereafter, pro rata
monthly in advance. If payment is not made timely, SDTadvertising.com,
at its option, may immediately terminate the contract. In addition,
advertiser/agency shall be liable to SDTadvertising.com for all
attorney's fees and other costs of collection. Interest will accrue on
any past due amounts at the rate of the lesser of one and one-half (1
1/2%) percent per month or the lawful maximum. SDTadvertising.com shall
have the right to hold the advertiser and/or its agency or agent
jointly and severally liable for all amounts due.
Delivery, Frequency and Makegood.
All figures relating to the number of advertisements served as
determined by SDTadvertising.com shall govern, regardless of whether
advertiser/agency is using the services of a third party ad server. If
SDTadvertising.com fails to provide the guaranteed number of
impressions, SDTadvertising.com will make good on this contract as
described below. SDTadvertising.com 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 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.
Redesigning of the SDTadvertising.com Network Sites or Services.
Advertiser/agency acknowledges that, consistent with
SDTadvertising.com's need for editorial discretion, SDTadvertising.com
may redesign, delete or replace the pages, programs or channels on
which the impressions will be displayed or transmitted or may redesign
or replace the type of links, buttons, boxes, banners, advertisements
purchased by advertiser/agency; provided, that SDTadvertising.com will
use good faith efforts to provide advertiser/agency with comparable
links, buttons, boxes, and banner advertisements.
Rejections.
SDTadvertising.com reserves the right, without liability, to reject,
omit or exclude any advertisement or to reject or terminate any links,
buttons, boxes or banners for any reason at any time, with or without
notice to the advertiser/agency, and whether or not such advertisement,
link, button, box or banner was previously acknowledged, accepted, or
published.
Licenses and Indemnification.
Advertiser/agency grants SDTadvertising.com the right to use,
reproduce, publicly display and distribute advertiser's advertisments
and collateral information and warrants that advertiser/agency has the
right to grant such license. Advertiser/Agency represents that the
advertiser is the owner or is licensed to use the entire contents and
subject matter contained in its advertisements and collateral
information, including, without limitation, (a) the names and/or
pictures of persons; (b) any copyrighted material, trademarks, service
marks, logos, and/or depictions of trademarked or service marked goods
or services; and (c) any testimonials or endorsements contained in any
advertisement submitted to SDTadvertising.com. In addition,
advertiser/agency represents that the advertiser's advertisements and
collateral information do not violate any applicable local, state or
federal law or regulation. In consideration of SDTadvertising.com's
acceptance of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify and hold
harmless SDTadvertising.com and its officers, directors, shareholders,
employees, accountants, attorneys, agents, parent, affiliates,
subsidiaries, successors and assigns from and against any and all third
party claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to: (i)
advertiser/agency's breach of any covenants, representations and
warranties made therein, (ii) SDTadvertising.com' performance under
this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's/agency's advertisements or
collateral information by SDTadvertising.com.
Limitation of Liability.
In the event (i) SDTadvertising.com fails to publish an advertisement
in accordance with the schedule provided in the Insertion Order, (ii)
SDTadvertising.com fails to deliver the number of total impressions
specified in the Insertion order (if any) by the end of the specified
period, or (iii) of any other failure, technical of otherwise, of such
advertisement to appear or be transmitted as provided in the Insertion
Order, the sole liability of SDTadvertising.com to advertiser/agency
shall be limited to, at SDTadvertising.com' sole discretion, a pro rata
quality guarantee run-through of either the same ad or a different one
for placement of the advertisement at a later time in a comparable
position. UNDER NO CIRCUMSTANCES WILL SDTadvertising.com BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT
OF OR RELATED TO THIS CONTRACT, EVEN IF SDTadvertising.com HAS BEEN
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law and Forum.
This contract shall be interpreted and construed in accordance with the
laws of the Commonwealth of West Virginia, 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
exclusive personal jurisdiction of the Commonwealth of West Virginia,
acknowledges that venue is proper only in any state or Federal court in
the Commonwealth of West Virginia, agrees that any action related to
this contract must be brought in a state or Federal court in the
Commonwealth of West Virginia, and waives any objection that may exist,
now or in the future, with respect to any of the foregoing.
Credit Cards. In
the event that advertiser/agency pays any amounts due hereunder with a
credit card and the issuer of the credit card fails to pay the amounts
authorized by advertiser/agency, advertiser/agency shall immediately
remit full payment to SDTadvertising.com plus any interest due on the
outstanding amounts. In addition, if advertiser/agency pays any amounts
due hereunder with a credit card and the issuer of the credit card
seeks to recover from SDTadvertising.com any amounts received by
SDTadvertising.com from the issuer, advertiser/agency shall immediately
remit to SDTadvertising.com all amounts necessary to comply with the
issuer's request and any costs and expenses incurred by
SDTadvertising.com.
Miscellaneous.
No public statements concerning the existence or terms of this contract
will be made or released to any medium except with the prior approval
of both parties or as required by law. Advertiser/agency may not
resell, assign or transfer any of its rights hereunder, and any attempt
to resell, assign or transfer such rights shall result in immediate
termination of this contract, without liability to SDTadvertising.com.
If any portion of the contract is found unenforceable for any reason,
the reminder will remain in full force and effect. No waiver by
SDTadvertising.com shall operate as a waiver of any other provision or
any subsequent default. This document represents the entire agreement
of the parties; SDTadvertising.com 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 SDTadvertising.com. All terms of this contract, which
by their nature extend beyond its termination, remain in effect until
fulfilled and apply to the respective successors and assigns.
Privacy and Accuracy.
All information stored about you will be kept private and will not be
sold or rented to anyone for any purpose. All information and
statistics within the site are to the best of our knowledge accurate
and true. If any content is proven not to be true, SDTadvertising.com
cannot be held liable. This agreement will be governed by and construed
in accordance with the laws of the State of West Virginia, without
regard to your actual state or country of residence. Any waiver,
amendment or other modification of any provision of this Agreement will
be effective only if in writing and signed by SDTadvertising.com. If
for any reason a court of competent jurisdiction finds any provision or
portion of this Agreement to be unenforceable, the remainder of this
Agreement will continue in full force and effect. This Agreement
constitutes the entire agreement between the parties with respect to
the subject matter hereof, and supercedes and replaces all prior or
contemporaneous understandings or agreements, written or oral regarding
such subject matter.
SDTadvertising.com reserves the right to modify, change, or alter these terms and conditions at anytime.
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