INTERNET ADVERTISING AGREEMENT – YARDSALES.COM, LLC. TERMS AND CONDITIONS
This Letter of Agreement for Internet Advertising Services (“Letter of Agreement”) is intended to set forth the general terms and conditions pursuant to which our company, YARDSALES.COM, LLC, agrees to provide certain advertising services relative to the Internet Site Subscriber (hereafter referred to as the “Subscriber”). YARDSALES.COM, LLC maintains an Internet Website at www.yardsales.com (“Website”). Subscriber agrees to advertise its products and services on the Website in accordance with the referenced terms and conditions set forth below.
The signature of an authorized representative of our company signifies our offer to provide the Advertising Services subject to the terms and conditions set forth herein. By signing this Letter of Agreement in the space provided below, you agree to accept the terms of this Letter of Agreement.
PREPARATION OF AD
The Advertising Service Provider will post Subscriber’s ad(s) on the Website. Formatted Ads will not be built or published until this Letter of Agreement is completed and Subscriber has accurately completed and signed the attached Contract for Advertising.
YARDSALES.COM, LLC will publish Subscriber’s ads on the Website for the period of time designated in the attached Contract of Advertising.
Subscriber agrees to pay YARDSALES.COM, LLC in advance, the amounts set in the attached Contract for Advertising. Unless otherwise provided, Subscriber must pay in advance for any contract extension(s) commencing immediately after expiration of the initial contract term in which the ad(s) appears on the Website. YARDSALES.COM, LLC reserves the right to charge Subscriber the maximum amount allowed under the law, in addition to collection costs, attorneys fees, court costs, late fees, returned check fees, or any other fees attributed to late or non-payment by the Subscriber. THE ANNUAL PERCENTAGE RATE IS 18 PERCENT (18%). In addition, YARDSALES.COM, LLC reserves the right to remove from the yardsales.com Website any ad for which payment is overdue.
SUBSCRIBER USE OF MATERIAL
Subscriber agrees and warrants that the material presented for display on the Website violates no patents, copyrights or trademarks. If any logo, phrase or expression attributable to another is used, then permission must have been granted for use of same. Upon request, Subscriber will present such evidence of permission.
RIGHT TO EDIT
All ads and content are subject to YARDSALES.COM, LLC approval. YARDSALES.COM, LLC reserves the right to edit, revise, or reject any advertising or material presented for matters of legality, falsity, bigotry, slander, taste, or other matters which YARDSALES.COM, LLC, at its sole discretion, may deem objectionable. YARDSALES.COM, LLC reserves the right to designate categories and/or search criteria for Subscriber or Subscriber’s ad.
INFORMATION, MATERIAL AND CONTENT
Subscriber agrees to provide and authorizes YARDSALES.COM, LLC to collect all information, materials, photographs, images or other content necessary or desirable for the production and/or publication of the Advertisement Content (the “Content”). Subscriber acknowledges that YARDSALES.COM, LLC shall be the exclusive owner of any and all rights, title and interest, including copyright, in and to the Content including any works of authorship, inventions or other intellectual property created pursuant to this Letter of Agreement, and any advertising and/or promotional materials relating thereto, other than Subscriber’s trademarks. Subscriber will retain ownership of all materials in the form delivered to YARDSALES.COM, LLC and any existing trade or service marks that it already owns and hereby provides a limited world wide, royalty free license to YARDSALES.COM, LLC to use, sub-license and/or distribute, such marks in the creation and publishing of the advertisement any medium and the promotion of Yardsales.com and the Website’s service. Subscriber shall not provide to or allow to be used by any third party any work product resulting from YARDSALES.COM, LLC services hereunder (including physical or electronic materials).
YARDSALES.COM, LLC may contract with multiple Subscribers for the same service or product. This contract shall in no way prohibit YARDSALES.COM, LLC from accepting advertisements from other same or similar Subscribers. At its sole discretion, YARDSALES.COM, LLC may choose or limit the number of Subscribers for the same service, product or category.
FREQUENCY OF DISPLAY
YARDSALES.COM, LLC will use reasonable efforts to make our Website available for display through the World Wide Web, twenty four hours per day, and seven days per week.
DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION
YARDSALES.COM, LLC makes no guarantees to Subscriber as to the level of reach, distribution, leads, revenues, or business to be derived from the placement of ad(s). YARDSALES.COM, LLC is not liable for any delayed delivery or non-delivery due to acts of God, network difficulty, action of any governmental or quasi-governmental agency, or other force-majeure, or other acts beyond the control of YARDSALES.COM, LLC. ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT INCLUDING RESULTING FROM A PUBLICATION ERROR SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID BY SUBSCRIBER HEREUNDER. IN NO EVENT WILL YARDSALES.COM, LLC AND OR ITS WEBSITE BE LIABLE FOR ANY LOSS OR DAMAGE TO REVENUES, PROFITS, OTHER ECONOMIC LOSS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. YARDSALES.COM, LLC MAKES NO WARRANTIES THAT THE ADVERTISING CONTAINED ON OUR WEBSITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT THE USE OF THE HYPERTEXT LINK OR ACCESS TO THE WEBSITE WILL BE INTERRUPTED. VERTICAL D, LLC SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY.
Subscriber may terminate this Letter of Agreement, with or without cause, by giving sixty (60) days advance notice of its intent to terminate. YARDSALES.COM, LLC reserves the right to terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice to you. There will be an early termination fee of $99.00.
This Letter of Agreement contains the entire agreement of the parties hereto regarding the subject matter hereof. No representation or promises of any kind not set forth herein shall bind or in any way affect the obligations of the parties to this Letter of Agreement. The parties hereby agree that this Letter of Agreement is governed by the laws of the state of Maryland. This Letter of Agreement is not assignable by Subscriber. Any purchaser of Subscriber or the properties or services with respect to which this Letter of Agreement relates shall be liable for the obligations of the Subscriber under this Letter of Agreement. This Letter of Agreement may be amended or modified, and any terms may be waived, only by written instrument duly executed by each of the parties hereto. If any of the provisions of this Letter of Agreement shall be held by a court of competent jurisdiction to be contrary to law or public policy, the remaining provisions of this Letter of Agreement shall remain in full force and effect.
AGREED TO AND ACCEPTED BY: DATE:
If you wish to advertise with Yardsales.com, print this and mail your check (made payable to YARDSALES.COM, LLC) to:
342 Main st
Laurel MD 20707
E-Mail: Admin-at-yardsales.com (retype using "@" symbol to replace "-at-" )
OR Fax this signed document along with a voided check. Receipt of a voided check by YARDSALES.COM, LLC is acceptance of the terms and conditions and authorizes YARDSALES.COM, LLC to electronically receive payment for the services provided.