" PIKLIZ DIRECTORY"
Own a space on Pikliz.com and link
your Website for only $ 300.00 a year
Agreement
10525 SW 130 Ct
Miami Florida,33186
Form: Internet Advertising Agreement
Explanation: This is a sample agreement where the Web site owner
(Francois Adrien) agrees to provide advertising to an advertiser
............................................................................on
the Publisher’s Web site (Pikliz.com).
INTERNET ADVERTISING AGREEMENT
THIS INTERNET ADVERTISING AGREEMENT (the “Agreement”)
is made between , …………………........................
and Pikliz.com (“Publisher”) and the undersigned advertiser
(“Advertiser”).
In consideration of the mutual promises and covenants
contained in this Agreement, the parties hereto agree as follows:
1. Advertising. Publisher shall use its diligent
efforts to provide the Internet-related advertising specified
in Exhibit 1. Any advertising submitted by Advertiser must be
in form and substance acceptable to Publisher.
2. Payment. Advertiser shall pay the fee set forth in Exhibit
1 to Publisher, due and payable as indicated therein.
3. Indemnity. Advertiser shall at all times defend, indemnify
and hold harmless Publisher and its officers, directors, shareholders,
employees, accountants, attorneys, agents, 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 the content
of Advertiser’s advertisements served by Publisher pursuant
to this Agreement and/or any materials to which users can link
through those advertisements.
4. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL PUBLISHER BE LIABLE TO ADVERTISER
OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED
TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS
OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
(b) PUBLISHER DISCLAIMS ANY AND ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY REGARDING MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSES, SUITABILITY, COMPLIANCE WITH LAWS, QUALITY,
OR OTHERWISE, WITH RESPECT TO THE PUBLISHER WEB SITE.
(c) IN NO EVENT SHALL PUBLISHER BE LIABLE IN ANY
WAY FOR AN AMOUNT GREATER THAN THE PAYMENT OWED TO PUBLISHER UNDER
SECTION 2 ABOVE.
(d) PUBLISHER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT
BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION 4.
5. Counterparts and Facsimile Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute
a single instrument. Facsimile signatures are acceptable and deemed
original signatures.
6. Intellectual Property Rights. Neither party will acquire any
ownership interest in each other’s intellectual property.
Publisher shall have the right to place Advertiser’s logo,
tradename and trademark on any advertising from Advertiser and
to otherwise use such items in connection with the purposes of
this Agreement.
7. Force Majeure. Neither Publisher nor Advertiser shall be liable
to the other for any failure or delay in its performance due to
any cause beyond its control, including acts of war, acts of God,
earthquake, riot, sabotage, labor shortage or dispute, Internet
interruption, government acts, and other similar events.
8. Miscellaneous. This Agreement constitutes and contains the
entire agreement between the parties with respect to the subject
matter hereof and supersedes any prior or contemporaneous oral
or written agreements. Each party acknowledges and agrees that
the other has not made any representations, warranties or agreements
of any kind, except as expressly set forth herein. This Agreement
may not be modified or amended, except by an instrument in writing
signed by duly authorized officers of both of the parties hereto.
This Agreement may be executed in counterparts each of which shall
be deemed an original and all such counterparts shall constitute
one and the same agreement. This Agreement will be deemed entered
into in ...................................[state] and will be
governed by and interpreted in accordance with the laws of the
State of .............................................[state],
excluding that body of law known as conflicts of law. The parties
agree that any dispute arising under this Agreement will be resolved
solely through confidential binding arbitration in ................................................................[city
and state] before one arbitrator selected by the American Arbitration
Association in accordance with its rules. In the event of any
dispute, each party shall bear its own attorneys fees, expert
witness fees, and ½ of the arbitrator fees. The provisions
of this Agreement relating to payment of any fees or other amounts
owed, indemnification, confidentiality, limitations of liability
and intellectual property shall survive any termination or expiration
of this Agreement. The terms of this Agreement are the confidential
information of Publisher. This Agreement has been negotiated and
drafted by both parties, with counsel from both parties reviewing
the document. The language in this Agreement shall be construed
as to its fair meaning and not strictly for or against either
party.
IN WITNESS WHEREOF, the parties have executed this Agreement as
of Day ...................., Month .........................Date................Year...................
.
Publisher
Pikliz.com, Inc Advertiser
By:Pikliz.com Authorized Agent
Name of Agent:
Signature :
By Advertiser :
Name of company :
Name of Authorized Director:
Signature
