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| Advertiser Terms & Conditions |
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- ORDERS FOR ADVERTISEMENTS:
All orders or other requests for advertising, whether from an advertiser (whether made by the advertiser directly, or through an agency) (collectively, "Advertiser"), are governed by these standard terms and conditions and the attached Insertion Order (collectively, the "Agreement"). No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with such orders, including without limitation those contained on or accompanying checks or other forms of payment, shall be binding on Family Pet Services.com("Family Pet Services"), whether in conflict with or in addition to these standard terms and conditions. Orders which quote rates which vary from the rates listed in Family Pet Services' then-current rate card shall not be binding on Family Pet Services, and shall be deemed requests for advertising at then-current rates. Orders are binding on Advertiser and not subject to cancellation, except as provided below under Section 4.
- ACCEPTANCE:
Family Pet Services' offer to publish advertisements for Advertiser is made on these standard terms and conditions only, and the placement or other communication of an order for advertising with Family Pet Services shall constitute Advertiser's unconditional acceptance of these standard terms and conditions; no acceptance shall be effective until it is received by Family Pet Services in Atlanta, GA. Family Pet Services reserves the right not to publish any advertising at any time in its sole discretion. Failure by Family Pet Services to publish any requested advertisement does not constitute a breach of contract or otherwise entitle Advertiser to any legal remedy.
- MATERIAL SPECIFICATIONS:
Specifications for the material elements that must be included in any banner are listed in the current "Advertisement Specifications & Submissions Instructions." All submissions to Family Pet Services hereunder will comply with all such applicable elements. Advertiser acknowledges that time is of the essence in providing the foregoing to Family Pet Services, and Advertiser's failure to meet the foregoing time requirements or any applicable specifications may delay or prevent delivery of the advertisements hereunder. Family Pet Services may terminate this Agreement due to Advertiser's inability to comply with such instructions without further obligation to Advertiser, however, Advertiser will remain obligated to pay Family Pet Services the fees due for such time period within thirty (30) days of the date of termination.
- CANCELLATION:
(a) Either party may cancel this Agreement at any time with 15 days' written notice to the other party. In the event of such cancellation, all discounts for volume and length of purchase (i.e. the discounts identified as "Other Discounts" in the Insertion Order) previously granted shall be rescinded, the price applicable to any delivered ad requests shall be adjusted to the full rate card price, and Advertiser shall pay to Family Pet Services, within thirty (30) days after the Agreement is terminated, all amounts not yet paid (as determined in accordance with the higher price calculation) for such ad requests delivered. IF EITHER PARTY CANCELS, ADVERTISER'S SOLE REMEDY WILL BE A REFUND OF ANY PRE-PAID FEES IN EXCESS OF THE FEES OWED TO Family Pet Services FOR THE AD REQUESTS DELIVERED PRIOR TO CANCELLATION AND WITHIN THIRTY (30) DAYS AFTER Family Pet Services' NOTICE OF TERMINATION. IF AD REQUESTS ARE NOT THE RELEVANT STANDARD HEREIN, ADVERTISER'S SOLE REMEDY WILL BE A PRO-RATED REFUND FOR THE PERIOD OF TIME BEYOND THIRTY (30) DAYS AFTER CANCELLATION. THIS RELEASE OF ADVERTISER'S COMMITMENT IS ADVERTISER'S SOLE REMEDY AND NEITHER Family Pet Services WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO ADVERTISER. (b) If either Family Pet Services or Advertiser defaults under this Agreement, the non-defaulting party will notify the other in writing. If the failure is not cured within five (5) business days after notice is received by the notified party, the non-defaulting party may, at any time prior to the default being cured, terminate this Agreement with no further obligation to the notified party, except for payment of any amount properly due Family Pet Services.
- RESPONSIBILITY FOR ADVERTISEMENTS:
Advertiser represents and warrants to Family Pet Services that it is fully authorized to publish the entire contents and subject matter of all requested advertisements (including, without limitation, all text, graphics, URLs, and sites to which URLs are linked), and that all such materials will comply with all applicable laws and regulations. Additionally, Advertiser represents that it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this Agreement does not and will not violate any agreement to which it is a party or by which it is otherwise bound, or any applicable law, rule or regulation. In consideration of the publication of advertisements, Advertiser agrees unconditionally to indemnify and hold harmless Family Pet Services and its affiliates, and their respective officers, agents and employees, from and against any and all loss, liability and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the contents or subject matter of such advertisements, including without limitation claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, and trademark infringement and/or a breach by Advertiser of any representation, warranty or obligation to be performed by Advertiser hereunder.
- POSITIONING:
Except as otherwise specified by Family Pet Services herein, all order provisions regarding positioning of advertisements shall be treated as requests, which requests shall be fulfilled at Family Pet Services' sole discretion.
- STYLE:
Advertisements that simulate Family Pet Services' or their affiliates' editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable. Family Pet Services may in its sole discretion label any advertisement as an "advertisement" for clarification.
- LINKS TO INTERNET SITES:
Advertiser warrants and represents to Family Pet Services that each Internet site identified by URLs in advertisements: (a) is controlled by Advertiser and operated by Advertiser and/or its independent contractors, (b) will be functional and accessible at all times, and (c) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from the applicable site containing the advertisement. Family Pet Services may test Advertiser's URLs, and in Family Pet Services' sole discretion may remove any URLs at any time that fail to comply with the above requirements.
- COMMITMENT; PAYMENT TERMS:
By submitting an order for advertising to Family Pet Services, Advertiser agrees to be liable for the cost of such order. Advertiser will pay Family Pet Services the total fee due hereunder in equal payments allocated over the number of months the advertisement is to run. Each payment is due by each monthly anniversary of the date on which the first ad request is delivered. All unpaid advertising fees shall accrue interest at the rate of 1½% per month until paid, or the legal maximum, whichever is less. In addition to all other available rights and remedies, Family Pet Services may cancel and remove any advertisement which is not paid for on a timely basis.
- COUNTS; THIRD PARTY SERVINGS:
Family Pet Services counts ads delivered based on ad requests, and Family Pet Services will issue any tracking reports on that basis. Family Pet Services reserves the right to refuse advertising buys from third parties that require ads to be served from that third party's servers. If Family Pet Services fails to deliver the agreed upon number of ad requests during the agreed upon period pursuant to the attached Insertion Order, Advertiser's sole remedy for such failure will be an extension of the contract until the agreed upon number of ad requests (or other ad requests as the parties may agree) are provided.
- NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES:
ALL services provided to advertiser that are the subject of these terms and conditions are provided without warranties of any nature, and Family Pet Services, EXPRESS OR IMPLIED, including without limitation any implied warranties of merchantability and fitness for a particular purpose. IN NO EVENT SHALL Family Pet Services BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IF Family Pet Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Family Pet Services BE LIABLE TO ADVERTISER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Family Pet Services FROM ADVERTISER FOR THE ADVERTISEMENT(S) AT ISSUE.
- GENERAL PROVISIONS:
These terms and conditions are governed by the laws of the State of Georgia, USA. Advertiser consents to the exclusive jurisdiction and venue of courts Georgia for all disputes arising out of or relating to the subject matter hereof. The prevailing party in any dispute concerning the subject matter hereof shall be entitled to recover its reasonable attorneys' fees and costs. The parties agree that this Agreement is deemed to have been made in the State of Georgia, USA. No joint venture, partnership, employment, or agency relationship exists between Advertiser and Family Pet Services. Family Pet Services shall not be deemed to have waived or modified any of these terms and conditions except by a writing signed by its duly authorized representative. Advertiser may not assign its rights hereunder to any third party unless Family Pet Services expressly consents to such assignment in writing. If any provision of these standard terms and conditions is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions shall remain valid and enforceable, and the unenforceable provisions shall be deemed modified to the extent necessary to make them enforceable. Unless specifically stated otherwise, the applicable territory for the advertising shall be the United States only. Family Pet Services may send electronic mail to Advertiser for any notices or notifications.
For questions regarding this Agreement, please contact us
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