The following are certain terms and conditions governing advertising published on Summersales.info (the “Platform”). Submission of insertion order for placement of advertising on the Platform constitutes acceptance of the following terms and conditions. No terms or conditions in any insertion orders, instructions or documents other than this Rate Card will be binding on Summersales.info Inc. (“Publisher”) unless Publisher agrees to such terms and conditions in writing.
1. AGENCY COMMISSION AND PAYMENT
Submission of insertion order by advertising agency on behalf of advertiser constitutes agency’s agreement to pay all invoices for placement of advertising in the Platform pursuant to such insertion order. Notwithstanding the foregoing, submission of insertion order constitutes agreement that advertiser guarantees prompt and full payment for such advertising in the event of material default by agency. Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in the Platform.
Agency commission (or equivalent): fifteen percent (15%) of gross advertising space charges, payable only to recognized agents. Invoices are rendered on or about the on-sale date of the Platform. Payments are due immediately.
No agency commission is payable, and Publisher will not grant any discounts, on production charges. Any discounts received by advertiser on advertising space charges may not be applied to production charges.
2. CANCELLATION AND CHANGES
Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted.
Advertisers may not cancel orders for, or make changes in, advertising once accepted via paid invoice. The rates and conditions of advertising in the Platform are subject to change without notice.
3. PLATFORM VISITORS
Advertisers understand that they are purchasing a spot to display advertising content on the platform, regardless of the volume of traffic, click-through performance, or ad impressions. Publisher is not liable for any volume of traffic or click-through-rates for Publisher. All advertisements are purchased “as-is” as placement on the platform.
4. PUBLISHER’S LIABILITY
Publisher is not liable for any failure or delay in printing, publishing, or circulating any copies of the issue of the Platform in which advertising is placed pursuant to an insertion order that is caused by, or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Publisher’s control.
Publisher is not liable for any failure or delay in publishing in the Platform any advertisement submitted to it. Publisher does not guarantee positioning of advertisements in the Platform, is not liable for failure to meet positioning requirements and is not liable for any error in key numbers.
The liability of Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the cost of the advertising space affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
Advertising agency and advertiser each represents and warrants that each advertisement submitted by it for publication on the Platform contains no copy, illustrations, photographs, text or other content that may result in any claim against Publisher. Advertising agency and advertiser each shall indemnify and hold harmless Publisher from and against any damages and related expenses (including attorneys’ fees) arising from the content of advertisements, including, but not limited to, claims of invasion of privacy, unauthorized use of names or pictures of living persons, trademark infringement, copyright infringement, libel and misrepresentation.
Publisher’s acceptance of an advertisement for publication in the Platform does not constitute an endorsement of the product or service advertised.
No advertiser or agency may use the Platform’s name or logo without Publisher’s prior written permission for each such use.
The word “sponsor” may be placed above advertisements according to the Publisher’s discretion.
This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflicts of laws provisions. Any civil action or proceeding arising out of or related to this agreement shall be brought in the courts of record of the state of California in Los Angeles County. Each advertiser and its agency consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts.
Effective as of February 20, 2014. Updated October 6, 2015.