This agreement is subject to the following terms and conditions:
1. PAYMENT/TERMS (Note: the business directory listing is free unless the client chooses any of the add-on options)
Payment due in advance. Invoices will be issued and emailed separately via Quickbooks. See payment instructions on invoice.
The Advertiser and/or Agency are liable for payment for all advertisements. Advertising placed by an agency is accepted only on the express representation that the named Advertiser has fully authorized and approved same as to copy, charges and financial responsibility.
2. INDEMNIFICATIONS
The Advertiser and/or Agency shall indemnify and hold harmless Macaroni Kid EBC, its officers, agents, employees and affiliates against any claim, suit or other action or proceeding arising out of the contents of the advertisement, including (but not limited to) claims or suits for libel, violation of right of privacy, copyright infringement, trademark infringement or unfair competition.
3. ADVERTISING RATE CARD
The rate is guaranteed to remain the same during this contract term. Macaroni Kid, LLC reserves the right to change its rates for renewals or extensions.
4. LIMITATION ON DAMAGES:
In no event shall Macaroni Kid EBC be liable to Advertiser or Agency for any special, incidental or consequential damages whether based on breach of contract, tort or otherwise.
5. GENERAL
a) Refunds for unused advertising will not be granted. If advertising is not used or needed any longer by Advertiser for any reason, Macaroni Kid, in its sole discretion, may offer a credit for future advertising to cover the unused portion. However, if the ad space is held for more than three weeks after payment or execution of this Agreement without placement of an ad by the Advertiser (unless due to an error, delay, or technical malfunction by Macaroni Kid) a credit will not be granted for the time that the space was held open for advertiser. All monthly articles included with a display ad campaign must be used within the term of the campaign and unused monthly articles will not be credited after the campaign term has ended.
b) All advertisements are published in the discretion of Macaroni Kid EBC and Macaroni Kid
EBC reserves the right to refuse to publish any advertisement for any reason.
c) We reserve the right to carry competitive advertisement and do not offer exclusivity.
d) This contract contains the entire agreement between the parties relating to the subject matter contained herein and no change or modification will be effective unless in writing and signed by both parties.
e) This contract shall be governed by the laws of the State of Colorado without reference to its choice of law rules. Both parties agree to submit to the jurisdiction of the Courts of Park County, Colorado for adjudication of any dispute arising hereunder.