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Legal
Mumbo Jumbo
Advertising Agreement
for Iggler.com (v1.0)
Updated 01-01-07
This Advertising Agreement ("Agreement") is entered
into by you and Iggler. The parties hereby agree as follows.
1.0 ACKNOWLEDGEMENT
1.1 You represent and warrant that you are authorized to act on
behalf of, and bind to this Agreement, yourself and any third party
for which you generate ads.
1.2 You represent and warrant that you are solely responsible for:
all ad content, including advertising text, URL's, whether generated
by or for you;
the content, products and services of the websites that your
ads link to; and
the use of your advertising account and password
1.3 You also represent and warrant that:
all the information that you supply Iggler is correct and current;
you hold and grant Iggler all rights to copy, distribute and
display your ads; and
your ads and websites linked from your ads (including services
or products therein) do not violate or encourage violation of
any applicable laws.
1.4 Failure of these acknowledgements may result in immediate termination
of this Agreement or your account without notice and may subject
you to legal penalties and consequences.
2.0 PAYMENT
2.1 You shall be charged for advertising services based on Iggler's
weekly or monthly advertising plans and shall pay all charges in
U.S. Dollars.
2.2 You are responsible for paying reasonable expenses and attorney
fees incurred by Iggler in collecting late or returned amounts.
2.3 You acknowledge and agree that any billing related information
that you provide to Iggler may be shared by Iggler with companies
who work on Iggler's behalf for the purposes of checking credit,
effecting payment to Iggler, and servicing your account.
2.4 Iggler reserves the right to change its advertising rates at
any time. If such a change, you will first be contacted by email,
not less than thirty (30) days before the effective date of such
increase.
2.5 Iggler disclaims all warranties of this advertising program,
whether express or implied, including its merchantability and fitness
for any purpose. Payment refunds, if any, are at the sole discretion
of Iggler.
3.0 INDEMNIFICATION
3.1 You shall indemnify, defend and hold Iggler, its agents, affiliates,
and successors harmless from any third party claim or liability
(including without limitation reasonable legal fees) arising out
of your use of this advertising program.
4.0 LIMITATION OF LIABILITY
4.1 Neither party shall be liable for any consequential, special,
indirect, exemplary, punitive or other damages incurred as a result
of this agreement.
4.2 Each party's aggregate liability to the other is limited to
the amount paid or payable to Iggler by you for the ad for which
the claim was generated.
4.3 Except for payment, neither party is liable for failure or
delay resulting from a condition beyond the reasonable control of
the party, including but not limited to war, terrorism, natural
disaster, labor conditions, and power failures.
5.0 TERM AND TERMINATION
5.1 This agreement shall be effective on the date your account
was created, and shall continue in perpetuity, subject to termination
as herein set forth.
5.2 You may terminate your account or independently terminate any
advertising on Iggler at any time.
5.3 Iggler may reject or terminate any ad for any reason. Iggler
may immediately terminate your account or its advertising program
at any time without notice.
5.4 Termination, whether by you or Iggler, will not relieve you
of any existing responsibility for payment under sections 2.1 and
2.2.
6.0 GENERAL PROVISIONS
6.1 Jurisdiction. The Agreement shall be governed by Mississippi
state law.
6.2 Relationship of Parties. Relationship between you and Iggler
is that of independent contractors. Nothing contained herein shall
be deemed or construed as creating a joint venture or partnership
between the parties.
6.3 Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof.
6.4 Severability. If any part of this Agreement is contrary to,
prohibited by, or deemed invalid under the laws of any jurisdiction,
such provision shall be inapplicable to the extent prohibited or
invalid, without invalidating the remainder of this Agreement, or
otherwise affecting the validity or enforceability of such provision
in any other jurisdiction.
6.5 Amendment. Any modification or amendment to the Agreement must
be made in a writing executed by both parties.
6.6 Notices. Notices to you about this Agreement shall be made
by email, at the email address that you use to login to your account.
Any notices to Iggler must be sent out customer
support team, and are deemed given upon receipt.
7.0 ADDITIONAL TERMS
7.1 Outage / Refund Policy. We make every attempt to make sure
that our site is functioning properly at all times. If the site
is down for longer than 24 hours, we will credit you the time as
additional runtime on your ad.
7.2 Errors while submitting ad. Iggler will not be held responsible
for errors made by the advertiser while submitting their ad. If
there has been a technical error on the part of Iggler, you must
notify our customer support team with
details of the error for investigation. We will credit you the investigation
time as additional runtime on your ad.
7.3 Confidentiality. Advertiser agrees not to disclose any contents
of this Agreement to any other person or entity, natural or otherwise.
The advertiser agrees to use commercially reasonable efforts to
protect Confidential Information of Iggler. Advertiser hereby acknowledges
that the terms of this Agreement are Confidential Information of
Iggler.