RetargetingWiz reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts or services owed.
CANCELLATION POLICY AND RIGHT TO REFUSE UNACCEPTABLE ADVERTISING
RetargetingWiz reserves the right to refuse, reject, or cancel, in its sole and complete discretion, at any time any advertising that the publisher deems unacceptable or inappropriate forany reason. Without limiting the foregoing, RetargetingWiz does not accept advertising from companies that produce or provide pornographic products or services (which RetargetingWiz 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 RetargetingWiz Inc., immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with pornographic products or services. RetargetingWiz also reserves the right to cancel this contract at any time and for any reason with 48 hours notice.Print: Orders may be cancelled by Customer only upon written notice prior to the issue advertising close date. If Customer fails to give timely notice of any permitted cancellation, then (i) cancellation is not permitted if materials have been received by Publisher, or (ii) cancellation is permitted subject to Publisher approval.
Short rate adjustments resulting from permitted cancellations, if any, will be made upon confirmation of the change in frequency. Customer is not entitled to review or revise advertisements that are received by Publisher’s production department after the published close date. If new materials or material instructions are not received by the production department by the published materials deadlines, Publisher will repeat the most recent ad materials.Online: Online space requests are not guaranteed. Firm dates and inventory assignments are based on availability at the time the order is processed by the Publisher.
Final inventory assignments are available upon request. If requested online inventory is not available, the Publisher will use good faith efforts to provide reasonable alternatives, subject to the termination rights set forth in this agreement.At any time prior to the serving of the first impression of the online campaign, Customer may cancel with 10 business days prior written notice to the Publisher, without penalty.
For clarity and by way of example, if Customer cancels the campaign 5 business days prior to the serving of the first impression, Customer will be responsible for the first 5 days of the campaign.E-mail: Reservations cancelled or rescheduled within 4 business days of scheduled launch date incur cancellation charges in the following order; (i) 3 business day notice =25% of net amount cancelled; (ii) 2 business day notice = 50% of net amount cancelled; (iii) Inside 24 hours = 80% of net amount cancelled.
TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement.Advertiser represents and warrants that Advertisement and Link comply with RetargetingWiz Inc., advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by RetargetingWiz Inc., 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 anti discrimination law or regulation, or any other right of any person or entity.
Advertiser agrees to indemnify RetargetingWiz Inc., and to hold RetargetingWiz Inc., harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by RetargetingWiz Inc., arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
LIMITATION ON DAMAGES: IN NO EVENT WILL RetargetingWiz INC., BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT RetargetingWiz INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.ASSIGNMENT
Advertiser may not assign this agreement, in whole or in part, without RetargetingWiz written consent. Any attempt to assign this Agreement without such consent will be null and void.GOVERNING LAW This Agreement shall be governed by, and interpreted in accordance with, the laws of Florida, without reference to its conflict of laws rules, and all disputes, regardless of for mor nature, arising out of this Agreement shall be resolved by binding arbitration pursuant to the Federal Rules of Civil Procedure or the rules of the American Arbitration Association.