|
Jackson Galleries
Advertising Policy & Agreement
Updated: 11/14/2006
Online Reports
- As an advertiser on jacksongalleries.com
or a jacksongalleries.com affiliate site, you may have access
to banner statistics. These detailed reports will provide information
regarding banner impressions, referring page, clickthroughs,
and percentage information. This allows you, the advertiser,
to determine the success of your banner.
Getting Started
- Jacksongalleries.com will
do everything possible to have your advertisement up and running
within 24 business hours, unless a specific start date is specified
during the banner reservation.
Rate Changes
- Jacksongalleries.com reserves
the right to adjust our current advertising rates as necessary,
without prior notification. Rates are locked in once the advertiser
and Jacksongalleries.com have mutually agreed to the terms and
rates for the banner campaign, and the campaign has begun on
Jacksongalleries.com. Rates are subject to change before the
assumption of the advertising campaign, or after completion of
contractual terms.
Terms of Payment
By advertising with Jacksongalleries.com,
you (the advertiser) agree to the following payment terms:
- Advertisers will be invoiced
on the first day of each month
- Payment is due within thirty
days (30) from date of invoice receipt.
- Reservations will not be held
for more than four months in advance.
- Prices are in US dollars,
and payment must be made in US Currency.
Restrictions
- Jacksongalleries.com reserves
the right to refuse any advertising request or to cancel the
campaigns that do not fulfill the obligations set in the contract.
Jacksongalleries.com reserves the right to make editorial changes
to the advertising program and the frequency of ad banner changes
for each sponsor.
Acceptance of Advertising
Policy
- Advertising is accepted and
published entirely on the consideration that the advertiser and/or
agency will indemnify and save Jacksongalleries.com harmless
from and against any claims or suits based upon any aspect of
subject matter of the advertisement. Jacksongalleries.com reserves
the right to reject advertisements considered unacceptable as
to wording, appearance, or for any other reason.
Advertising Agreement
- Advertiser acknowledges that
the sole obligation of Jacksongalleries.com is to display an
advertising banner (the "Banner") from Advertiser which
conforms to the specifications set forth elsewhere in the insertion
order (the insertion order and these Terms and Conditions are
referred to collectively herein as the "Agreement").
In this regard, Advertiser agrees that (i) Jacksongalleries.com
has the right to market, display, perform, transmit and promote
the Banner, and (ii) users of Jacksongalleries.com's services
have the right to access and use the Banner and any content and/or
services directly linked to the Banner (the "Advertiser
Web Content").
- All advertising will be invoiced
as dictated on the "Banner Request" page, and payment
in full for the specified amount will be due 30 days after the
date of the invoice. Advertiser understands that once the Banner
is made available there shall be no refunds or proration of rates
even if Advertiser elects to discontinue display of the Banner
prior to expiration of the advertising term, except as expressly
provided below. Written notice of contract cancellation must
be received by Jacksongalleries.com at least 30 days prior to
next billing period. Orders are accepted subject to the terms
and provisions of the current price list. Advertising prices
set forth in the price list are subject to change; any price
changes will apply to any additional advertising services requested
by Advertiser after such price change.
- UNDER NO CIRCUMSTANCES SHALL
JACKSONGALLERIES.COM BE LIABLE TO THE ADVERTISER FOR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN
IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT JACKSONGALLERIES.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING
FROM ANY ASPECT OF THE ADVERTISING RELATIONSHIP PROVIDED FOR
HEREIN. JACKSONGALLERIES.COM SHALL IN NO EVENT BE LIABLE TO ADVERTISER
FOR MORE THAN THE TOTAL AMOUNT PAID TO JACKSONGALLERIES.COM BY
ADVERTISER HEREUNDER. JACKSONGALLERIES.COM MAKES NO REPRESENTATIONS,
AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING JACKSONGALLERIES.COM'S SERVICES OR ANY PORTION THEREOF,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, JACKSONGALLERIES.COM SPECIFICALLY
DISCLAIMS ANY WARRANTY REGARDING (I) THE NUMBER OF PERSONS WHO
WILL ACCESS THE BANNER AND (II) ANY BENEFIT ADVERTISER MIGHT
OBTAIN FROM INCLUDING THE BANNER WITHIN JACKSONGALLERIES.COM'S
WEB SITE.
- Advertiser is solely responsible
for any legal liability arising out of or relating to (1) the
Banner and/or (2) the Advertiser Web Content. Advertiser represents
and warrants that the Banner complies with Jacksongalleries.com's
advertising standards; and that Advertiser holds the necessary
rights to permit the use of the Banner by Jacksongalleries.com
for the purpose of this Agreement; and that the use, reproduction,
distribution, or transmission of the Banner 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,
or any other right of any person or entity. Advertiser agrees
to indemnify Jacksongalleries.com and to hold Jacksongalleries.com
harmless from any and all liability, loss, damages, claims, or
causes of action, including reasonable legal fees and expenses
that may be incurred by Jacksongalleries.com, arising out of
or related to Advertiser's breach of any of the foregoing representations
and warranties.
- Jacksongalleries.com reserves
the right to reject any advertising which is not consistent with
Jacksongalleries.com's standards. In addition, Jacksongalleries.com
shall have the right, at any time, to remove any of Advertiser's
advertising if Jacksongalleries.com determines, at its sole discretion,
that the Banner, Advertiser Web Content or any portion thereof
(i) violates Jacksongalleries.com's then applicable advertising
policy, or (ii) is otherwise objectionable to Jacksongalleries.com,
in which event Jacksongalleries.com shall refund to Advertiser
a pro rata portion of the fee which Advertiser has paid to Jacksongalleries.com
for display of the Banner (if Advertiser has paid Jacksongalleries.com
a flat fee).
- Jacksongalleries.com and Advertiser
are independent contractors, and neither Jacksongalleries.com
nor Advertiser is an agent, representative or partner of the
other. Jacksongalleries.com may terminate this Agreement at any
time in the event of material breach of this Agreement by Advertiser.
This Agreement sets forth the entire agreement between Advertiser
and Jacksongalleries.com, and supersedes any and all prior agreements
(whether written or oral) of Jacksongalleries.com and Advertiser
with respect to the subject matter set forth herein; provided,
however, that all pricing will be governed by Jacksongalleries.com's
then-current price list, whether in print or electronic form.
This Agreement may be modified at any time by Jacksongalleries.com
without prior notice. This Agreement shall be interpreted, construed
and enforced in all respects in accordance with laws of the Commonwealth
of Kentucky, without regard to the actual state or country of
incorporation or residence of Advertiser. Advertiser hereby irrevocably
consents to the exclusive jurisdiction of the courts of the Commonwealth
of Kentucky and the federal courts situated in the Commonwealth
of Kentucky in connection with any action arising under this
Agreement.
Questions
and Suggestions:
- Jackson Galleries is a fair and reasonable company. If you have an issue with Jackson Galleries, please contact Jackson Galleries and we will resolve it within our stated policies. If you feel that your inquiry has not been satisfactorily addressed, Jackson Galleries will attempt to locate an independent mediator to settle the issue.
- If you have questions or suggestions, please complete a feedback form or you can contact us at:
Jackson
Galleries
P.O. Box 1005
Mount
Sterling, KY 40353
1-800-466-3836
|
|