| |
ADVERTISING TERMS AND CONDITIONS
1. CasinoJudge.com is
owned and operated by XTC Marketing, LLC, a New
Jersey limited liability company (the "company").
This agreement is entered into by and between
the company and advertiser ("advertiser").
2. The company reserves the right at all times
to reject any advertising material, content in
advertising material, links or advertising material
containing links to the advertisers web
site or other sites containing material which
the company, in its sole discretion, deems objectionable.
3. Advertiser hereby agrees to notify the company
of any significant changes to the content or structure
of any web site which can be accessed via link
from the companys web site within fifteen
(15) days of such a change. The parties agree
that for the purposes of this provision, a significant
change is a change which is outside the ordinary
course of business of the advertiser or which
is reasonably likely to materially harm the goodwill
of the company. Within fifteen (15) days after
receipt of a notice of a significant change, the
company may give thirty (30) days prior written
notice to the advertiser that it will terminate
this agreement.
4. The company reserves the right to offer a first
right of refusal for any and all advertising locations
to current advertising clientele.
5. The advertiser represents and warrants that
it is duly authorized to display and/or sell the
service represented or described in the advertisement
or listing and has all rights and/or licenses
to publish all links to other web sites contained
in such advertisements and all rights and/or licenses
necessary to use and advertise the trademark,
service mark, trade name, copyright, photograph
or any illustration used in any such advertisement.
Furthermore, the advertiser represents and warrants
that no additional consent or permission of any
person or entity is required for company to publish
the advertisement or listing or any links contained
therein. The advertiser also represents and warrants
that such publication will not violate or infringe
upon any right of privacy, copyright, trade name,
trademark, service mark, common law or other right
of any kind or nature of any third party.
6. Each party hereby covenants
and agrees that the trademarks, trade names, service
marks and copyrights of the other party are and
shall remain the sole and exclusive property of
that party and neither party shall hold itself
out as having any ownership rights with respect
thereto or except as specifically granted hereunder,
or any other rights therein. Any and all goodwill
associated with any such rights shall inure directly
and exclusively to the benefit of the owner thereof.
7. Subject to the terms and conditions
of this agreement, advertiser hereby grants to
the company a non-exclusive, non-transferable
license to use, reproduce and display the advertisers
trademarks, service marks, trade names or copyrights
in connection with the purposes contemplated by
this agreement. Such licenses shall terminate
upon the date of the expiration or termination
of this agreement.
8. The advertiser hereby agrees
to indemnify, defend and hold harmless the company,
its direct and indirect parent companies, subsidiaries
and other affiliates, and its officers, directors,
shareholders, employees, agents and representatives
from and against any and all actions, claims,
demands, suits or other proceedings, losses liabilities,
damages, judgments, settlements, costs and expenses
(including reasonable attorneys fees and
court costs) arising out of or relating to any
breach of advertisers representations, covenants
or warranties contained in this agreement.
9. The advertiser assumes sole
responsibility for the protection of its copyright,
trademark, trade name or service mark in any writing,
illustration, design, map, photograph or combination
thereof in this advertisement.
10. In the event that an advertisement
is not renewed and payment is not received prior
to the due date, the advertisement may be removed
by the company at the end of the agreed period.
11. The company agrees to provide
the following services throughout the agreed period:
1) display advertising on CasinoJudge.com.
12. The failure of the company
to display the advertisement on the companys
web site shall not subject the company to liability
if failure was occasioned by Act of God, accident,
strikes, or other contingencies or events beyond
the companys reasonable control ("force
majeure").
13. ADVERTISER HEREBY EXPRESSLY
WAIVES ALL WARRANTIES NOT OTHERWISE SPECIFICALLY
SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED,
AND WHETHER AS TO QUALITY, CONDITION, PERFORMANCE,
OR FITNESS FOR PARTICULAR PURPOSE.
14. ADVERTISER HEREBY
ACKNOWLEDGES AND AGREES THAT COMPANYS MAXIMUM
LIABILITY FOR DAMAGES OR HARM OF ANY KIND ARISING
OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,
ANY DAMAGES OR HARM RESULTING FROM ERRORS OR OMISSIONS
IN THE PUBLICATION OF ANY LISTING OR ADVERTISEMENT,
OR THE PAGING PLACEMENT OR POSITION OF ANY SUCH
LISTING OR ADVERTISEMENT, WILL BE LIMITED TO THE
TOTAL AMOUNT PAYABLE BY ADVERTISER FOR THE LISTING
OR ADVERTISEMENT IN QUESTION FOR THE AGREEMENT
OF THE ADVERTISEMENT IN QUESTION. IN NO EVENT
WILL THE COMPANY BE LIABLE FOR LOSS OF PROFITS,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, SUFFERED OR INCURRED BY ADVERTISER
AS THE RESULT OF ANY BREACH OF ANY OF THE COMPANYS
OBLIGATIONS UNDER THIS AGREEMENT.
15. All rates for advertisements
shall be published or quoted periodically by the
company and shall be subject to change without
prior notice.
16. Upon the companys receipt
of an order and payment, you will receive an e-mail
confirmation that will quote your account number.
This number must be used when making inquiries
in respect of this advertisement and when corresponding
in connection with the advertising. This e-mail
will serve as an invoice and confirmation of the
terms of your order. Your advertisement will be
displayed at the earliest date possible after
the payment is securely in our account and confirmed.
17. It is strongly recommended
that advertiser deposit an initial amount equivalent
to the charge for the agreed amount plus one additional
months advertisement. This arrangement will
cover the possibility of delays in making subsequent
payments, which may cause possible disruption
of continuous advertisement.
18. No invoices will be sent
unless specifically requested.
19. Methods of payment:
- Payments will only
be accepted in US Dollars.
- Any of the following
methods can be used:
1. Check.
2. Money Order
3. Paypal
4. Bank Draft.
Checks, Money Orders,
and Bank Drafts can be sent to:
XTC Marketing, LLC
120 Chestnut St
Audubon, NJ 08106
5. Wire and Paypal - If
wiring or Paypal payment, please e-mail john@casinojudge.com
to obtain necessary information.
ADDITIONAL TERMS
AND CONDITIONS
1. The terms and conditions
set forth herein are subject to change without
prior notification. However, once an agreement
is entered into, the terms agreed will not
be altered for the duration of the agreement.
There shall be no oral modifications or waiver
of any terms of this agreement except by an
instrument in writing signed by both the company
and advertiser.
2. An advertisement or entry
will appear displayed at the earliest date
possible after we receive confirmation that
the advertisement fee has been credited to
your account.
3. Renewals are on a first
come first served, spot available basis. However,
the company reserves the right to offer a
first right of refusal for any and all advertising
locations to current advertising clientele.
Renewals should be confirmed by the 15th day
of each month and payment and information
must be received by the 20th day of the month
for eligibility for the following months
placement.
4. Advertisements will automatically
be removed upon expiration of the advertisers
agreement if not renewed.
5. Current advertising rates
will apply to agreement renewals and extensions.
6. ALL ADVERTISING MUST BE
PREPAID.
7. No cancellations of an
agreement will be accepted during the agreed
term. In the event that the advertiser desires
to cancel this agreement, the advertiser shall
forfeit any and all monies previously paid
to the company. NO REFUNDS WILL BE GIVEN.
8. The company will do its
best to assist advertisers in using the companys
web site effectively. However, the company
reserves the right to reject or modify the
wording of an advertisement and rotate a display
or advertisements.
9. The company reserves the
right to limit the number of advertisements
and positions available on a page.
10. The advertiser will supply
the advertising material, such as a Banner
and Logo. The material must be in digital
format and the size of GIF formatted Banners
should be as follows:
| Banner placement/
Style Dimensions |
Dimensions
(pixels) |
File Size (Max) |
| JUDGES
BENCH BUTTONS |
90W x 30H |
4K |
| SIDE BAR BANNERS |
80W x 100H |
8K |
| LARGE BANNER |
468W x 60H |
15K |
| SMALL BANNER |
295W x 50H |
10K |
11. This
agreement shall be governed by and construed
in accordance with the laws of the State of
New Jersey without regard to its conflicts of
law principles. The advertiser hereby irrevocably
submits to the jurisdiction of any New Jersey
court or United States Federal court sitting
in New Jersey over any action or proceeding
arising out of or relating out of this agreement
or any agreement contemplated hereby, and the
advertiser hereby irrevocably agrees that all
claims in respect of such action or proceeding
may be heard and determined in such New Jersey
or Federal court. The advertiser further agrees
that any action or proceeding brought against
the company shall be brought only in New Jersey
or United States Federal courts sitting in New
Jersey.
12. This
agreement embodies the entire agreement and
understanding between the parties and supersedes
all prior agreements and understandings between
the parties relating to the subject matter hereof.
13. If
any term or provision of this agreement or any
application thereof shall be invalid or unenforceable,
the remainder of this agreement or any other
application of such term or provision shall
not be affected thereby.
|