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| Terms of Service |
1.
General.
A deposit must be
submitted to Bleer in advance of initial advertising date. By submitting
advertising for inclusion on Bleer, advertiser/agency agrees to be bound by the
terms of this contract. No conditions other than those set forth herein shall
be binding on Bleer. This contract supersedes any previous agreements between
Bleer and advertiser/agency relating to the subject matter set forth herein.
Bleer's only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event shall Bleer
be obligated to serve advertisements for any other advertiser.
2. Changes and Cancellations.
Cancellations and changes can
be made via the advertiser login. Bleer's advertising specifications are
accessible through the advertiser login. Bleer reserves the right to change any
of its advertising specifications at any time.
3. Delivery, Frequency and Makegood.
All figures relating to the number of
advertisements served as determined by Bleer shall govern, regardless of
whether advertiser/agency is using the services of a third party ad server. If
Bleer fails to provide the guaranteed number of impressions, Bleer will make
good on this contract.
4.
Key Words and Phrases.
Bleer offers no exclusivity on keywords or phrases. Each
advertiser will be given ranking positions based upon the bid they enter on
keywords/phrases.
5.
Rejections.
Bleer 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.
6.
Licenses and Indemnification.
Advertiser/agency grants Bleer 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 Bleer. 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
Bleer's acceptance of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify and hold harmless
Bleer 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) Bleer's performance under this contract, and
(iii) the copying, printing, distributing, transmitting or publishing of
advertiser's/agency's advertisements or collateral information by Bleer.
7. Limitation of
Liability.
UNDER NO
CIRCUMSTANCES WILL BLEER.COM 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
BLEER.COM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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