HHBE ADVERTISING CONTRACT
Please print out this page, sign in all applicable areas, and mail to:
BCM, Marketing Department, PO Box 581166, Elk Grove, CA 95758
Hip Hop Banner Exchange (HHBE) agrees to display an advertising banner for the Advertiser with a link from the banner to the Advertisers page. This banner shall be displayed on random members pages of the Hip Hop Banner Exchange. The banner will continue to be displayed until the number of purchased impressions has been used up. HHBE also agrees to maintain a private password account to The Advertiser for the purpose of The Advertiser viewing the statistics of their account, showing the number of impressions served to date on their banner and the number of click thru's those banners have received.
The Advertiser agrees to supply an ad banner, and information of where to link the banner to. The Advertiser shall forward a signed contract and payment in advance of advertising.
The advertiser agrees to hold harmless BCM for content of their advertising.
PARTIES: Pursuant to this binding agreement BCM, also known as HHBE, PO Box 581166, Elk Grove, CA 95758, and Advertiser, also known as ________________________________ of ________________, Advertiser shall pay to BCM $ __________ after receipt of invoice, and BCM shall reserve _________ guaranteed impressions of Advertising on the HHBE.
"Advertising Space" means one Advertisement, stored on the HHBE Web Server, with a defined number of impressions.
"Advertisement" means the graphic file supplied by an Advertiser which can be selected by a user as a Link.
"Link" means a request for information from a server other than the HHBE Web Server located at BCM.
"Number of Impressions" means the number of times the Advertisers banner will be shown.
"Start Date" means the first day the HHBE Web Server will display the Advertisement.
"End Date" means the last day the HHBE Web Server will display the Advertisement.
"HHBE Web Server" means a server computer of BCM that users may access via the Internet.
PAYMENT: BCMWEB reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: BCM reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction, method, and guideline. BCM reserves the right to refuse any advertisement graphic that does not arrive seven days before the Advertiser would like the banner to be produced online. BCM does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which BCM 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 mrblunt.com immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, mrblunt.com may in its complete discretion refuse the use of any other advertising that it deems appropriate.
USAGE STATISTICS: BCM MAKES NO GUARANTEE TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. BCM SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. BCM IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS.
TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY: Advertiser is solely responsible for any legal liability arising out of or relating 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 BCM's advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by BCM for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any 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 or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify BCM and to hold BCM harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by BCM, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that BCM 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 BCM BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT BCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without BCM'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 BCM'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.
Authorized Advertiser Representative
HHBE BANNER ADVERTISING ORDER FORM
Company Name: ______________________________ Billing Address: ______________________________ ______________________________ City, State: ______________________________ Zip Code, Country: ______________________________ Advertising Contact Name: ______________________________ Advertising Contact Phone Number: ______________________________ Advertising Contact Fax Number: ______________________________ Advertising Contact Email: ______________________________ Billing Contact Name: ______________________________ Billing Contact Phone Number: ______________________________ Billing Contact Fax Number: ______________________________ Billing Contact Email: ______________________________ Number Of Impressions: ______________________________ Start Date: ______________________________ End Date: ______________________________ URL to Link to: ______________________________ Banner Name: ______________________________ Alt Image Text: ______________________________ Password: ______________________________
Please email all advertising graphics to firstname.lastname@example.org.
Upon completion of this Agreement and Advertising Order, please sign and mail to
If you have any questions, please contact us by email at email@example.com.
- PO Box 581166
- Elk Grove, CA 95758