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Payments:
Advertiser agrees to pay in advance Costa-RicaRealEstate.com for
the annual advertising campaign upon the acceptance of this agreement.
Thereafter, advertiser agrees to pay Costa-RicaRealEstate.com an amount equal to its
monthly budget on or before the first day of the service month.
If
an advertiser has contracted for Costa-RicaRealEstate.com services and has not paid
for its service month with in seven (7) business days after the Service
Month has begun, a late fee of 1% will be added to the amount due.
Costa-RicaRealEstate.com reserves the right to hold the advertiser and its
authorized advertising agent jointly and severally liable for any and all
amounts owed. If payments are not made in a timely manner, Costa-RicaRealEstate.com,
at its option, may terminate this agreement immediately.
In the
event an advertiser overpays, the amount will be applied as a credit for
future advertising unless the advertiser requests a refund before the next
advertising period begins.
Right to Refuse Unacceptable Advertising:
Costa-RicaRealEstate.com reserves
the right to refuse any image, text or video ad that does not completely
conform to every detail, instruction, method, and guideline set in the
Technical Specifications at its own definition and discretion.
Costa-RicaRealEstate.com does not accept advertising from companies that enforce or
promote the acceptance of pornography, sex products or services by the
public.
Truth in Advertising / Indemnification for Liability:
The
advertiser is solely responsible for any legal liability arising of or
relating to its text or image ad, and/or any material to which users can
access through the advertiser’s ads. The advertiser represents and
warrants that its text or image ad and its URL comply with Costa-RicaRealEstate.com's
advertising standards; and that the advertiser holds the necessary rights
to permit the use of the text or image ad by Costa-RicaRealEstate.com for the purpose
of this agreement; and that the use, reproduction, distribution, or
transmission of the advertiser’s ads will not violate any criminal laws or
any rights of any third parties, including, but not limited to, such
violations as infringement or misappropriation of any copyright, patent,
trademark, trade secret, music, image, or other proprietary or property
right, false advertising, unfair competition, defamation, invasion of
privacy or rights of celebrity, violation of any antidiscrimination law or
regulation, or any other right of any person or entity. The advertiser
agrees to indemnify Costa-RicaRealEstate.com and to hold Costa-RicaRealEstate.com harmless from
any and all liability, loss, damages, claims, or causes of action,
including reasonable legal fees and expenses that may be incurred by
Costa-RicaRealEstate.com, arising out of or related to the advertiser’s breach of any
of the foregoing representations and warranties. The advertiser agrees to
request that Costa-RicaRealEstate.com be listed as an additional insured on any
policy issued to the advertiser pursuant to which there could be coverage
for any of the forms of legal liability described in this
paragraph.
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Limitation on Damages:
IN NO EVENT WILL Costa-RicaRealEstate.com BE LIABLE TO
THE ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, AND WHETHER OR NOT Costa-RicaRealEstate.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
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Termination:
Costa-RicaRealEstate.com reserves the right to terminate this
agreement and remove the text or image ad from the www.Costa-RicaRealEstate.com site
for any reason. Costa-RicaRealEstate.com shall refund to the advertiser within 45
business days from the date on the termination notice for the service
period for which you will no longer receive advertising services.
Costa-RicaRealEstate.com reserves the right to terminate this agreement and
remove the advertiser’s text or image ad from Costa-RicaRealEstate.com site without a
refund if, in Costa-RicaRealEstate.com’s reasonable opinion, the advertiser’s conduct
or Website has brought or would bring Costa-RicaRealEstate.com or any of its customer
into disrepute if Costa-RicaRealEstate.com continued to provide its advertising
services.
The advertiser may terminate this Agreement by submitting a
30-day-notice via e-mail and subsequently receiving a 30-day confirmation
notice acknowledging receipt of the advertiser’s cancellation email by
Costa-RicaRealEstate.com. The 30-day notice will activate the last month of prepaid
advertising services. The advertiser’s text or image ad will appear on
Costa-RicaRealEstate.com until funds in the advertiser’s account reach zero balance.
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Changes to Agreement:
Costa-RicaRealEstate.com reserves the right to amend
the terms, conditions, rates, etc. specified in this agreement upon a
thirty (30) day notice in writing and if said revision is not acceptable
to advertiser, advertiser shall have the right to terminate this agreement
in writing before the effective date of the new terms without
penalty.
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Entire Agreement:
This agreement and any and all exhibits and
attachments are the complete and exclusive agreement between the parties
with respect to the subject matter hereof, superseding and replacing any
and all prior agreements, communications, and understandings (both written
and oral) regarding such subject matter, provided that all pricing will be
governed by Costa-RicaRealEstate.com's rate, whether printed on paper or
electronically. The terms and conditions of this agreement will prevail
over any contrary or inconsistent terms in any purchase order. This
Agreement may only be modified, or any rights under it waived, by a
written document executed by both parties.
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Electronic Signatures Effective:
This agreement is an electronic
format that sets out the legally binding terms of use of Costa-RicaRealEstate.com
advertising services. The advertiser indicates its acceptance of the
Agreement and all of the terms and conditions contained or referenced in
the agreement and these Terms and Conditions by payment of the advertising
contract. Advertisers have the right to receive the agreement in
non-electronic form. Upon request, Costa-RicaRealEstate.com will provide a
non-electronic copy of the agreement either before or after electronically
signing the agreement. To receive a non-electronic copy of the
agreement, please email us a request.
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