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WEBSITE ADVERTISING CONTRACT
CALYPSO RESORT TOWERS COMMUNITY ASSOCITATION
www.calypsotowerspcb.com
RESPONSIBILITIES OF CALYPSO RESORT TOWERS COMMUNITY ASSOCITAION
Calypso resort towers community association agrees to display the advertiser’s business name or logo and link, if available, (Advertisement, collectively hereafter). Depending on the level of Advertising they choose, the advertisement will be either a “header” on the Calypso Towers Home Page (www.calypsotowerspcb.com) website (known as Platinum), a “header” on the Calypso web site Advertiser’s Home Page (known as Gold) or a listed item on the Advertiser’s Home Page (known as Silver). The advertising period will run for 365 consecutive days under the terms and conditions of this agreement form the original date the advertisement was placed on the Calypso Towers web site.
RESPONSIBILITIES OF ADVERTISER
The Advertiser agrees to supply a suitable Advertisement complete with signed Agreement and payment for the right to advertise on the Home Page of the www.calypsotowerspcb.com website for a period of 365 consecutive days and further agrees to abide by the provisions of this Agreement.
DEFINITION
“Advertisement” shall mean digital image of Advertiser’s business name logo and Link, if available, supplied by Advertiser
“Header” shall mean the area above the Calypso Tower picture on the Home Page and on the top of the Advertiser’s Home Page.
“Link” shall mean electronic connection connecting an Advertiser’s www.calypsotowerspcb.com Home Page displayed Advertisement to an Advertiser’s business website.
If the advertiser does not have a web site which can be linked to, then the advertiser can add a short (2 to 3 paragraph) description of their business and services instead.
“Advertiser” shall mean any business owner
“Effective Start Date” is determined by Calypso Resort Towers Community Association and shall mean the actual date the Advertisement begins being displayed and also represents the official commencement of this Agreement.
CONTRACT TERM
Following receipt of payment and acceptable digital image, the Advertisement will commence being displayed on the Home Page within a reasonable amount of time and will continue to be displayed for the 365 consecutive day duration of the contract from that day forward. The date at which the Advertisement is first displayed shall also be known as the effective start date of this Agreement. The Advertiser is encouraged to renew the Agreement annually! Your continued sponsorship is needed and greatly appreciated by Calypso Resort Towers Community Association.
PAYMENT
Advertiser shall pay the Calypso Resort Towers Community Association, in exchange for the right to have their company name or logo, and Link, if available, posted on the www.calypsotowerspcb.com website for a period of 365 consecutive days in accordance with the provisions of this Agreement. Any money paid to the Calypso Resort Towers Community Association by the Advertiser will be fully refundable, not including accrued interest, if the advertiser wishes to cancel their advertisement prior to the agreed upon Effective Start Date.
Sponsorship levels
Platinum $1,000 per year….. a “header” on the Calypso Towers Home Page (3 available)
Gold $500 per year….. a “header” on the Calypso web site Advertiser’s Home Page (9 available)
Silver $150 per year….. a item listed on the Advertiser’s Page (unlimited)
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING
Calypso Resort Towers Community Association reserves the right to refuse any Advertisement that does not completely conform to the guidelines that may be instituted by Calypso Resort Towers Community Association. Calypso Resort Towers Community Association will not accept advertising from companies that produce, sell, or specifically advertise pornographic products or services or any other advertising which may be considered inappropriate in the judgment of Calypso Resort Towers Community Association. Calypso Resort Towers Community Association reserves the right to define “inappropriate” in this context. This Agreement shall be considered null and void if it is discovered that Advertiser has failed to disclose any involvement contrary to the intent of this paragraph and any remaining dollar amount representing any unused advertising shall be fortified.
STATISITCS
Calypso Resort Towers Community Association makes no guarantee regarding the absolute accuracy of any of its published or unpublished statistics. Calypso Resort Towers Community Association shall not be held liable for any claims as they relate to any statistics, usage, or otherwise. Calypso Resort Towers Community Association is not required to provide Advertisers with usage statistics.
TRUTH IN ADVERTISING/INDEMIFICATION 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 its Advertisement. Advertiser warrants that the Advertisement and Link supplied comply with Calypso Resort Towers Community Association advertising standards; that it holds the necessary rights to the Advertisement and Link, is applicable, 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 Calypso Resort Towers Community Association and to hold Calypso Resort Towers Community Association and it assigns harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Calypso Resort Towers Community Association, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
LIMITAIONS ON DAMAGES
In no event shall Calypso Resort Towers Community Association be liable to Advertiser of any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not Calypso Resort Towers Community Association has been advised of the possibility of such damage.
HOLD HARMLESS
The Advertiser agrees to hold Calypso Resort Towers Community Association and/or its assigns harmless for content of its advertising. Advertiser further agrees to indemnify Calypso Resort Towers Community Association for any and all claims and/or damages arising from advertising.
DISCLAIMER
The Calypso Resort Towers Community Association and its assigns shall be held harmless for the unintentional and temporary interruption of an Advertisement due to unforeseeable circumstances beyond the scope of normal control.
ASSIGNMENT
Advertiser shall not assign this Agreement to a third party without first obtaining the written consent of the Calypso Resort Towers Community Association. Any attempt to assign this Agreement without such consent shall render it null and void any remaining dollar amount representing any unused advertising shall be fortified.
GOVERNING LAW
The Agreement shall be governed by and construed in accordance with the law of the State of Washington.
ENTIRE AGREEMENT
The 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 understanding both written and oral) regarding such subject matter, provided that all pricing will be governed by Calypso Resort Towers Community Association’s pricing information, whether printed on paper of electronically. The Agreement may be modified, or any rights under it waived by a written document executed by both parties.
ATTORNY FEES
In the event of any dispute or default as to the terms of this agreement, the prevailing party to recovery of reasonable attorney fees and costs in addition to any damages occasioned thereby.