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General. A deposit must be submitted to
CigGod.com in advance of initial
advertising date. By submitting advertising
for inclusion on CigGod.com, advertiser/agency
agrees to be bound by the terms of this contract.
No conditions other than those set forth herein
shall be binding on CigGod.com.
This contract supersedes any previous agreements
between CigGod.com and advertiser/agency
relating to the subject matter set forth herein.
CigGod.com's only obligation to
serve advertisements hereunder shall be to
serve advertisements of the advertiser described
herein, and in no event shall CigGod.com
be obligated to serve advertisements for any
other advertiser.
2.
Changes and Cancellations. Cancellations
and changes can be made via the advertiser
login. CigGod.com's advertising
specifications are accessible through the
advertiser login. CigGod.com
reserves the right to change any of its
advertising specifications at any time.
4.
Delivery, Frequency and Makegood. All
figures relating to the number of advertisements
served as determined by CigGod.com
shall govern, regardless of whether advertiser/agency
is using the services of a third party ad
server. If CigGod.com fails
to provide the guaranteed number of impressions,
CigGod.com will make good on
this contract.
6.
Key Words and Phrases. CigGod.com
offers no exclusivity on keywords or phrases.
Each advertiser will be given ranking positions
based upon the bid they enter on keywords/phrases.
8.
Rejections. CigGod.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.
9.
Licenses and Indemnification. Advertiser/agency
grants CigGod.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 CigGod.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 CigGod.com's acceptance of
such advertisements and information for
publication, the advertiser and agency will
jointly and severally indemnify and hold
harmless CigGod.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) CigGod.com's
performance under this contract, and (iii)
the copying, printing, distributing, transmitting
or publishing of advertiser's/agency's advertisements
or collateral information by CigGod.com.
10.
Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL CigGod.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 CigGod.com HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES.
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