NETKNOTS.COM ADVERTISING CONTRACTPlease read and sign all applicable areas and return the contract to:J E Sherry Company, 635 Stanford Dr., San Luis Obispo, CA 93405. J E Sherry Co., Inc. on behalf of Netknots.com agrees to display an advertising full banner of 468 x 60 pixels in size for the Advertiser with a link from the full banner to the Advertiser’s web page. This full banner will be displayed at the top of individual knot illustration pages of advertiser’s choice of either fishing knots, rope knot illustrations within the Netknots.com's web site located at www.Netknots.com. The full banner will be shown at the top the individual knot illustration pages and will be rotated on an equal basis with other full banner advertisers. The cost of the advertisement is a flat fee with a minimum of three months run time. J E Sherry Co., Inc. will create a custom full banner ad for $50 per ad or the Advertiser may supply their own full banner. If the Advertisers full banner is created by J E Sherry Co., Inc. it will remain the property of J E Sherry Co., Inc. at the end of the advertising period. The Advertiser will be responsible for supplying information on where to link the full banner to. The Advertiser shall forward a signed contract to J E Sherry Co., Inc. 635 Stanford Drive, San Luis Obispo, CA 93405. Advertising shall begin after the signed contract and full banner is received or in the case where J E Sherry Co., Inc. is creating the advertisement, when the advertisement is created. The Advertiser agrees to hold harmless J E Sherry Co., Inc. for content of their advertising. Parties: Pursuant to this binding agreement J E Sherry Co., Inc., 635 Stanford Drive, San Luis Obispo CA 93405 and Advertiser known as (your name) _________________________________of (business name)___________________________________, Advertiser shall pay to J E Sherry Co., Inc. a monthly fee for advertising. Definitions: "Advertising space" means one Advertisement, stored on Netknots.com Web Server. "Advertisement" means the graphic file (s) supplied by either the Advertiser or Netknots.com which can be used as a link by a user. "Link" means a request for information from a server other than Netknots.com's Web Server. "Impression" means each occurrence of an advertisers banner being shown on the site. "Netknots.com Web Server" means a server computer of Godaddy.com where Netknots.com's Web site resides. "Full banner" means a 468 x 60 pixel advertisement. Payment: J E Sherry Co., Inc. reserves the right to hold Advertiser and it's advertising agent jointly and severally liable for any and all amounts owed. Right To Refuse Unacceptable Advertising: J E Sherry Co., Inc reserves the right to refuse an advertisement banner that does not completely conform to the details and instruction found on Netknots.com web site. J E Sherry Co., Inc. does not accept advertising from companies that provide tobacco, alcohol, or pornographic products or services (which J E Sherry Co., Inc. 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 J E Sherry Co., Inc. immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, J E Sherry Co., Inc. may at it's complete discretion refuse the use of any other advertising that it deems appropriate. Truth Advertising / Indemnification For Liability: Advertiser is solely responsible for any legal liability arising out of or relation 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 J E Sherry Co., Inc. advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by J E Sherry Co., Inc. for the purpose of this agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or 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 property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify J E Sherry Co., Inc. and to hold J E Sherry Co., Inc. harmless from any and all liabilities, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by J E Sherry Co., Inc., arising out of or related to the Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that J E Sherry Co., Inc. 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 J E Sherry Co., Inc. be liable to sponsors for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not J E Sherry Co., Inc. has been advised of the possibility of such damage. ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without J E Sherry Co., Inc.’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 California. 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 J E Sherry Co., Inc.’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. _____________________________ _____________________________ _____________________________ _____________________________ Customer Information
Please email all advertising graphics to netknots@proknot.com Keep in mind full banners should be 468 x 60 pixels in size. Upon completion of this Agreement / Advertising Order, please mail to: J E Sherry Co. Inc. If you have any questions, please contact us by email at: netknots@proknot.com |