Compare Packaging Prices

Website Advertiser Agreement

 

This Website Advertiser Agreement (“Agreement”) is between you (“You” or “Advertiser”) and ComparePackagingPrices.com, Inc. (“Company”). In consideration of the right to access and use the Company’s website, www.comparepackagingprices.com , (“Website”) and Advertiser’s purchase of advertising services as described by Company, Company and Advertiser agree as follows:

 

1)                   Advertiser Duties and Advertiser Content

 

a)                   Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, in accordance with Schedule “A.”  If Advertiser disputes any charge made under this Agreement, Advertiser must notify Company in writing within sixty (60) days of any such charge; failure to so notify Company shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Company and no other measurements or statistics of any kind shall be accepted by Business.com or have any effect under this Agreement.  Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

 

b)                   Advertiser shall provide Company with true, accurate and current information for advertising on the Website.  Advertiser certifies that it has the legal right to use all information, names, trademarks and search terms (collectively, “Advertiser Content”) it provides or includes in its advertising. Advertiser understands and agrees that the Advertiser Content may be accessed and displayed on various Internet sites and services, and Advertiser hereby grants Company the right to display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the Advertiser Content together with any content or materials on any interactive site linked to the Advertiser Content or the Listings through the Listing Services.

 

c)                   Advertiser agrees that the Company is not responsible for the content, maintenance, or operation of Advertiser’s websites, or websites owned or operated by any third party.

 

 

d)                  Advertiser represents and warrants that: it has all necessary rights and permissions to offer, sell and/or license the products and services it promotes through the Advertiser Content and Advertiser’s products and services (i) do not and will not violate any laws or regulations, (ii) do not and will not violate or infringe any third party's trademark, copyright, patent, privacy, publicity or other rights, (iii) are not false, misleading, defamatory or threatening and are not likely to result in fraud, damage, injury or harm to any person, and (iv) are free of viruses, worms, trojan horses or other codes or programming that will delay, disrupt, interfere with, or damage websites, software, computers or networks or expropriate any data or information.

 

2)                   Policy Compliance

 

a)                   Company’s provision of access to its Website is subject to all applicable Company guidelines, policies and terms of service, including without limitation the Company Editorial Guidelines, Company Terms of Service, and Company Privacy Policy.  Company's guidelines, policies and terms of service may be altered at anytime.

 

b)                   Company reserves the right to refuse any Advertiser Content that does not completely conform, in its sole and absolute discretion, to every detail, instruction, method, and guideline, or otherwise deemed to be inappropriate in content or image.

 

c)                   Advertiser agrees and understands that Company makes no representations or warranties as to usage, traffic or related information regarding the Website.

 

3)                   Indemnification

 

a)                   You agree to indemnify and hold harmless Company and its affiliates and its and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys and employees from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), that actually or allegedly result from your use of the Website, or your breach of any terms or representations, warranties, or covenants contained in the Agreement. You agree to be solely responsible for defending any Claim against or suffered by Company, subject to Company's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against Company, provided that you will not agree to any settlement that imposes any obligation or liability on Company without Company's prior express written consent.

 

4)                   Disclaimer and Limitation of Liability

 

a)                   YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

 

b)                   YOU AGREE THAT NEITHER COMPANY NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, SUBCONTRACTORS, LICENSORS, LICENSEES, PARTNERS, CONTRACTORS, CONSULTANTS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE.

 

5)                   Termination

 

You and/or Company may terminate the Agreement and/or your participation in the Website, including removing your listings from the Website, at any time, for any reason or for no reason, and Company shall not have any liability regarding such decisions. Upon termination, suspension or discontinuation of Your participation, all outstanding payment obligations incurred will become immediately due and payable.

 

6)                   Electronic Signature

 

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service and certain of the Company Sites. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced herein by clicking on the “I Accept” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Accept” button, you fully accept the Agreement. When you click on the “I Accept” button during enrollment, you also consent to have the Agreement provided to you in electronic form.  You have the right to receive the Agreement in non-electronic form and may request a non-electronic copy of the Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of the Agreement, please send a letter and self-addressed stamped envelope to: __________________. You also have the right at any time to withdraw your consent to have the Agreement provided to you in electronic form.  Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

 

7)                   Additional Terms

 

a)                   Company may provide You with notices by email, regular mail, or postings on the Service. All notices to Company shall be sent via recognized overnight courier or certified mail, return receipt requested, to: __________________.

 

b)                   This Agreement may not be superseded or amended except by written agreement between the parties hereto. 

 

c)                   This Agreement shall be construed and interpreted according to the laws of the State of Indiana.  Advertiser irrevocably consents to jurisdiction of a state or federal court located in Marion County, Indiana.

 

d)                  Company shall be entitled to collect from Advertiser any and all costs incurred by reason of Advertiser’s breach of this Agreement, including but not limited to attorney’s fees.

 

e)                   A waiver of any breach by the other party shall not be deemed a waiver of a subsequent breach. This Agreement shall be binding upon the parties hereto and their respective successors, assigns, representatives, agents and employees. 

 

f)                    Nothing contained therein shall be deemed or construed to create an obligation on the part of either party to any third party, nor shall any third party have a right to enforce against either party any rights under this Agreement, other than a duly authorized assignee of the parties.

 

g)                   The parties may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other.


Schedule A

 

Terms Applicable to All Advertisers:

 

  • Advertiser must maintain a valid Visa, MasterCard or American Express credit card number on file with Company. Advertiser's credit card provided in the registration process will be charged every month, on or around the 1st of the month, for the balance due on the account from the prior billing cycle

 

  • Company’s billing cycle to all Advertisers is from the 1st day of the month through the last day of the month. Advertiser will be responsible for the entire balance due on the account from the prior billing cycle.

 

  • The balance due on the account is determined by taking the previous month’s total monthly billable amount as described in Section 5 of this Agreement and reducing it by the amounts paid within the billing cycle.

 

  • Advertising is renewed on an annual basis.

 

Terms Applicable to Per-Click Advertisers:

 

  • Advertising may be sold on a price per click (PPC) basis.  If this option is selected, Advertiser will be billed on a monthly basis for the cost of all of Advertiser's Redirects up to the previously-agreed upon amount.  The formula for quantifying this monthly amount is:

 

(Number of Redirects) x (price per click (PPC)) = Monthly Billable PPC Amount.

 

  • The Monthly Billable PPC Amount is in addition to the monthly billable amount identified above.

 

  • Number of "Redirects" is defined as the total number of clicks from Advertiser's listing on the Company’s Website. 

 

Advertiser acknowledges that Company does not guarantee the performance of the Redirects from the Company’s Website.  Such Redirects may not result in leads, conversions or customers or otherwise generate sales for the Advertiser. Advertiser is responsible for payment of all Redirects billed by Company regardless of the level of conversions or sales generated on Advertiser's website by those Redirects.

 

 

 

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