| 1.
General. A deposit must be submitted
to SearchHere.tv in advance of initial advertising
date with a $5.00
minimum. By submitting advertising
for inclusion on SearchHere.tv, advertiser/agency
agrees to be bound by the terms of this
contract. No conditions other than those
set forth herein shall be binding on SearchHere.tv.
This contract supersedes any previous agreements
between SearchHere.tv and advertiser/agency
relating to the subject matter set forth
herein. SearchHere.tv's only obligation
to serve advertisements hereunder shall
be to serve advertisements of the advertiser
described herein, and in no event shall
SearchHere.tv be obligated to serve advertisements
for any other advertiser.
2.
Changes and Cancellations. Cancellations
and changes can be made via the advertiser
login. SearchHere.tv's advertising specifications
are accessible through the advertiser
login. SearchHere.tv reserves the right
to change any of its advertising specifications
at any time.
3.
Acceptable Sites. SearchHere.tv
accepts most sites. We do not accept the
following types of sites for listing:
non-English sites, adult sites, racist
or hatred sites, sites which containing
illegal content (per U.S. laws), and any
other sites which we deem offensive. Non-English
sites are not allowed due to our English-speaking
audience. We do not allow adult sites
only because SearchHere.tv is a family-friendly
site.
4.
Delivery, Frequency and Makegood.
All figures relating to the number of
advertisements served as determined by
SearchHere.tv shall govern, regardless
of whether advertiser/agency is using
the services of a third party ad server.
If SearchHere.tv fails to provide the
guaranteed number of impressions, SearchHere.tv
will make good on this contract.
5.
Acceptable Use. Searches performed
by affiliates must be valid searches.
We do not allow incentivised searches.
This means members may not be paid per
search. Our advertisers and partners will
not pay for incentivised searches because
they dramatically lower the ROI (return
on investment) for advertisers and partners.
Affiliates found to be paying members
per search will be terminated and banned
from use of the search engine.
6.
Key Words and Phrases. SearchHere.tv
offers no exclusivity on keywords or phrases.
Each advertiser will be given ranking
positions based upon the bid they enter
on keywords/phrases.
7.
Anti-fraud. Only one account
is allowed per person. Only one account
is allowed per affiliate. Additional household
members may create an account only if
they use a different ISP (internet service
provider).
8.
Rejections. SearchHere.tv reserves
the right, without liability, to reject,
omit or exclude any advertisement or to
reject or terminate any links, buttons,
boxes or banners for any reason at any
time, with or without notice to the advertiser/agency,
and whether or not such advertisement,
link, button, box or banner was previously
acknowledged, accepted, or published.
9.
Licenses and Indemnification. Advertiser/agency
grants SearchHere.tv the right to use,
reproduce, publicly display and distribute
advertiser's advertisments and collateral
information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency
represents that the advertiser is the owner
or is licensed to use the entire contents
and subject matter contained in its advertisements
and collateral information, including, without
limitation, (a) the names and/or pictures
of persons; (b) any copyrighted material,
trademarks, service marks, logos, and/or
depictions of trademarked or service marked
goods or services; and (c) any testimonials
or endorsements contained in any advertisement
submitted to SearchHere.tv. In addition,
advertiser/agency represents that the advertiser's
advertisements and collateral information
do not violate any applicable local, state
or federal law or regulation. In consideration
of SearchHere.tv's acceptance of such
advertisements and information for publication,
the advertiser and agency will jointly and
severally indemnify and hold harmless SearchHere.tv
and its officers, directors, shareholders,
employees, accountants, attorneys, agents,
parent, affiliates, subsidiaries, successors
and assigns from and against any and all
third party claims, damages, liabilities,
costs and expenses, including reasonable
legal fees and expenses, arising out of
or related to: (i) advertiser/agency's breach
of any covenants, representations and warranties
made therein, (ii) SearchHere.tv's performance
under this contract, and (iii) the copying,
printing, distributing, transmitting or
publishing of advertiser's/agency's advertisements
or collateral information by SearchHere.tv.
10.
Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL SearchHere.tv BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME
OR PROFITS, IN ANY WAY ARISING OUT OF OR
RELATED TO THIS CONTRACT, EVEN IF SearchHere.tv
HAS BEEN ADVISED AS TO THE POSSIBILITY OF
SUCH DAMAGES.
|