Archive for December, 2011

This Master Advertiser Agreement (“MAA”) is entered into by and between eBrand Media, Inc also d.b.a eBrand Interactive on the one hand (hereinafter referred to as “Company”) and the customer identified on the IO (hereinafter referred to as “Advertiser”) for the mutual promises contained herein and other good and valuable consideration, receipt and adequacy of which are hereby acknowledged. This MAA and the accompanying and subsequent Insertion Order (“IO”) shall define the Company’s and Advertiser’s obligations with respect to Company’s services on Advertiser’s behalf for Advertiser’s advertising campaigns (“Campaigns”). Each IO submitted by Advertiser shall incorporate this MAA. In the event of a conflict between the IO and this MAA, the IO shall take precedence only where the MAA section is specifically referenced and the IO is signed by the Company.

1. Term and Termination.

Term. The term of this Agreement shall begin upon the submission of an executed IO by Advertiser to Company. Such IO shall be construed as an acceptance by Advertiser of all the rates, terms and conditions under which advertising is sold at that time.
Termination of Agreement. Company may terminate this Agreement at any time for any reason or for no reason with notice via postal mail or email to the Advertiser. This Agreement may be terminated at any time by either party, effective immediately upon written notice, if the other party: (i) files a voluntary petition in bankruptcy; (ii) makes an assignment for the benefit of creditors; (iii) breaches any of the material terms of this Agreement if such breach is not remedied within ten (10) business days from the receipt of written notice of such breach. Notwithstanding such termination, the Advertiser shall remain liable for all payment obligations incurred pursuant to this MAA.
Cancellation of Campaign. Company expressly reserves the right to: (i) refuse any advertising request, cancel any Campaign, or change any Campaign; or (ii) refuse any advertising Creative(s). Any Campaign rejected by Company may be replaced by Advertiser at Company’s sole discretion.

2. Advertiser’s Campaign.

Advertising Content and Creative. Advertiser shall provide or approve all creative and substantive content materials (“Advertising Content” or “Creative”) required for marketing the Campaign, including but not limited to banner advertisements, text links, videos, promotional HTML emails, promotional text e-mails, text links, keywords, and any other creative content as needed. Advertiser is solely responsible for the substantive content and creative of each advertisement it submits or approves via email or in writing to any representative of the Company. Company reserves the right to reject, suspend, or cancel any Advertising Content. By submitting or approving any email creative or content, Advertiser represents and warrants that (i) the submission meets all applicable regulations and laws in effect governing the submission at the time of such submission; (ii) accurately reflects advertiser’s product or service being advertised; and (iii) does not violate any applicable law or regulation governing deceptive advertising or consumer protection laws. Advertiser agrees to approve any creative submitted to Advertiser for approval within twenty-four (24) hours of its submission to the Advertiser. If no approval is received within this time frame, Company shall presume that Advertiser approves the submitted Creative(s). Read the rest of this entry »