PC-Advertising (Agreement)

Agreement

Please print out this page, complete, sign and mail to:
Stickman Productions
3801 Clinton Pkwy #F4
Lawrence, KS 66047

Parties:

Pursuant to this binding agreement Stickman Productions (producers of pchelponline.com) and Advertiser, also known as _____________________________________ of __________________________, Advertiser shall pay to Stickman Productions $_______ net thirty (30) days after receipt of invoice, and Stickman Productions shall reserve one month of advertising space with a multiplier of ____ from the advertising start date of _________ on the pchelponline.com web site.

Definitions:

Advertising Space- means one advertisement stored on the pchelponline.com web site with a defined start date.

Advertisement or Ad - means the graphic file supplied by an Advertiser which can be selected by a user as a link.

Link- means a request for information from a site other than the pchelponline.com web site located at Stickman Productions office

Slot- means an HTML page which may include a pchelponline.com advertising space and the Sponsor's advertisement.

Start Date- means the first day the pchelponline.com web site will display the advertisement.

pchelponline.com Web Site- means the location on a server computer of Hiway Technologies web service that users may access via the Internet.

Usage Statistics- means a set of numbers compiled by Hiway Technologies for Stickman Productions and reported on a periodic basis to the Advertiser, for the purpose of assessing the value of the advertisement, and for estimating future rates.

Payment:

Stickman Productions reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed.

Right to Refuse Advertising:

Stickman Productions reserves the right to refuse any advertisement sponsorship banner that does not completely conform to every detail, instruction and guideline set in the Specifications section which can be found on the pchelponline.com web site. pchelponline.com reserves the right to refuse any advertisement graphic that does not arrive seven days before the Advertiser would like the banner to be produced online. Stickman Productions does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which Stickman Productions shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. This Agreement is voidable by Stickman Productions immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, Stickman Productions may in its complete discretion refuse the use of any other advertising that it deems appropriate.

Usage Statistics:

Stickman Production makes no guarantee that usage statistics will be equal to any published numbers at any given time. Stickman Productions shall not be held liable for any claims as they relate to said usage statistics. Stickman Productions provides Advertisers with usage statistics only as a courtesy to the advertisers.

Truth in Advertising / Indemnification for Liability:
Advertiser is solely responsible for any legal liability arising out of or relating to the Advertisement, and/or any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with Stickman Productions advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Stickman Productions for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement 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. Advertiser agrees to indemnify Stickman Productions and to hold Stickman Productions harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Stickman Productions arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that Stickman Productions be listed as an additional insured on any policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.

Limitation on Damages:

In no event will pchelponline.com be liable to sponsor for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not Stickman Productions has been advised of the possibility of such damage.

Assignment:

Advertiser may not assign this Agreement, in whole or in part, without Stickman Productions' written consent. Any attempt to assign this Agreement without such consent will be null and void.

Governing Law:

This Agreement will be governed by and construed in accordance with the laws of the State of Kansas.

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 Stickman Productions Pricing Information, 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.

______________________________________
Authorized Advertising Representative

______________________________________
Date

If you have any questions about advertising on PC-Help Online, contact us by email at [email protected], or submit your questions using our advertising Questions form.