SCOPE OF ADVERTISING PURCHASE:
Under this agreement, advertiser purchases Advertising Space online through the website online shop system. Any and all bonus or free offerings whether offered separately or within bundled purchases will be subject to all terms and conditions.
“Advertising Space” means an advertisement slow, stored on the WrightMedia cc network, with a defined Start Date.
“Advertisement” means the graphic file / s 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 WrightMedia cc network
“Slot” means an HTML page which may include a WrightMedia cc Advertising Space and the Sponsor’s Advertisement.
“Start Date” means the first day the WrightMedia cc network will display the Advertisement.
“WrightMedia cc Network” means a server or servers where a user can access content from the internet.
“Impression” means the number of times an ad banner is viewed.
WrightMedia cc 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:
WrightMedia cc reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction, method, and guideline set in the Technical Specifications which can be found on the WrightMedia cc Web Sites.
WrightMedia cc 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.
WrightMedia cc does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which WrightMedia cc 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 WrightMedia cc immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services.
In addition, WrightMedia cc may in its complete discretion refuse the use of any other advertising that it deems to be inappropriate.
WrightMedia cc MAKES NO GUARANTEE OF ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME. WrightMedia cc SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO PUBLISHED OR UNPUBLISHED USAGE STATISTICS.
WrightMedia cc 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 WrightMedia cc’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by WrightMedia cc 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 WrightMedia cc and to hold WrightMedia cc harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by WrightMedia cc, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
Advertiser agrees to request that WrightMedia cc 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 WrightMedia cc 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 WrightMedia cc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Advertiser may not assign this agreement, in whole or in part, without WrightMedia cc written consent. Any attempt to assign this Agreement without such consent will be null and void.
This Agreement will be governed by and construed in accordance with the laws of South Africa.
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 WrightMedia cc‘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.