TiTAN WEB SITE
ADVERTISING CONTRACT
The Independent Title Agents Network (“TiTAN”) agrees to display an advertising banner for the Advertiser with a link from the banner to the Advertisers page. This banner shall be displayed on the home page of the TiTAN Web Site. The banner will continue to be displayed for the duration of the contract.
The Advertiser agrees to supply an ad banners(s), and information of where to link the banner to. The advertiser shall forward a signed contract and payment in advance of advertising for $600.00 one year.
The Advertiser agrees to hold harmless TiTAN for content of their advertising.
DEFINITIONS:
“Advertising Space” means one Advertisement stored on the TiTAN Web Site, with a defined Start Date, that will be displayed on the home page on a rotating basis with other banner ads. Each display of the Advertisers share will be for a minimum of 10 seconds each minute and depending on how many other advertisers there are it will keep repeating.
“Link” means a request for information from a server other than the TiTAN Web Site server.
“Slot” means an HTML page which may include a TiTAN Advertising Space and the Advertisement.
“Technical Specifications” means the
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING:
TiTAN 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. This Contract is voidable by TiTAN immediately if Advertiser fails to disclose (conceals or misrepresents) any involvement with pornographic products or services. In addition, TiTAN may in its complete discretion refuse the use of any other advertising that it deems appropriate.
USAGE STATISTICS:
TiTAN MAKES NO GUARANTEE OF ANY LEVEL OF TRAFFIC AT ANY GIVEN TIME. TiTAN SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO PUBLISHED OR UNPUBLISHED USAGE STATISTICS. TiTAN IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS.
TRUTH IN ADVERTISING:
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 TiTAN’s advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by TiTAN for the purpose of this Contract; and that the use, reproduction, distribution, or transmission of the Contract 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 hereby indemnifies TiTAN and holds it harmless from any and all liability, loss damages, claims or causes of action, including reasonable legal fees and expenses that may be incurred by TiTAN arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties. Advertiser agrees to request that TiTAN 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 SPECIAL EVENT WILL TiTAN BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT(INCLUDING NEGIGENCE), OR OTHERWISE, AND WHETHER OR NOT TiTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT:
Advertiser may not assign this Contract, in whole or in part, without TiTAN’s written consent. Any attempt to assign this Contract without such consent will be null and void.
GOVERNING LAW:
This Contract will be governed by and construed in accordance with the laws of the State of Michigan.
ENTIRE AGREEMENT:
This Contract 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 TiTAN, which includes pricing information, whether printed on paper or electronically. The terms and conditions of this Contract will prevail over any contrary or inconsistent terms in any purchase order. This Contract may only be modified, or any rights under it waived, by a written document executed by both parties.
Dated:________________________
______________________________
Authorized Advertiser Representative
Dated:_________________
