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Redstone Advertising Listing and Advertising
Agreement:
This Listing Agreement (“Agreement"), dated as of
the date you purchase your listing (“Effective
date”), is entered into by and between Redstone
Advertising, Inc, a Arizona based corporation,
("Company") and you ("Advertiser") as the purchaser
of either a flat rate directory listing package
(“Flat Rate Advertising Package”) or the purchaser
of leads on a pay per lead (“Pay Per Lead Program”)
or fixed fee basis.
By
purchasing a Listing ("Listing") on the Redstone
Advertising Network ("Network"), Advertiser agrees
to be legally bound by the terms of this
Agreement. By posting this Agreement on the Site,
Company agrees to be legally bound by the terms of
this Agreement.
The
Company and Advertiser hereby agree as follows:
Network:
The Company has developed and operates a network of
franchise opportunity and small business opportunity
related websites and blogs ("Network"). The Company
publishes listings to the Network and users or
visitors to any of the Network sites (view list
here:
http://www.redstoneadvertising.com/network.htm)
can access and research the franchise or business
opportunity listings displayed free of charge to
help them find a suitable opportunity to potentially
purchase. The Company reserves the right to modify
and delete any of the websites or blogs in its
Network at any time or for any reason.
Listing & Content:
The Listing contains information the Advertiser
desires to display about their franchise or business
opportunity including logo, images, financial
details, and an opportunity profile. The content of
the Listing or landing page is the complete and sole
responsibility of the Advertiser. The Advertiser
agrees that it has legally obtained the rights to
advertise this listing including any images,
trademarks, or copyrighted materials that the
Advertiser displays with its Listing and shall
indemnify and defend the Company against any
trademark and copyright infringement claims brought
against the Company. The Company retains all
editorial rights relative to all listing content to
ensure it complies with the site’s standards.
Listing Placement & Inclusion:
The Listing will be displayed in all relevant
Network sites under the appropriate industry and
geographic categories the Advertiser chooses when
they submit their listing insertion form.
Listing Management:
The
Advertiser is solely responsible for the accuracy of
the content in their Listing. The Advertiser can
request to have their listing modified or updated at
any time by contacting the company.
Flat Rate Advertising Packages:
The
Advertiser’s listing will be displayed in
all relevant Network sites under the appropriate
categories the Advertiser chooses when they submit
their listing on a flat rate fee basis (View
rates here) for either a 3, 6, or 12 month term
or campaign. Leads will be forwarded to the email
address the Advertiser has provided on listing
insertion form and will include at minimum the users
name, street address, zip code, phone number and or
email address, and min liquid capital available. The
company does not share or resell leads to other
parties.
Payment:
Payment for all flat rate packages is due upon
receipt of invoice via either a company check or
PayPal. The Advertisers listing will not be
activated until payment has been received. The
Advertiser’s campaign will begin after all network
site inclusions have been completed (in most cases
in 48 hours or less after payment has been received)
and shall expire on the last day of the listing term
chosen.
Cancellations & Refunds:
Advertiser cancellation of a flat rate advertising
package may be made at any time via email or writing
and is effective immediately, but no refunds or
pro-rations will be given once a campaign begins.
Pay
Per Lead Program:
The
company provides leads to the advertiser on a pay
per lead or fixed fee basis. A one time
(which shall be refunded by being credited to first
lead invoice) set–up fee
of $100 is required unless the Advertiser has
purchased a pre-paid lead package. Lead costs and pricing specifics
are provided on the pay-per lead program listing
insertion form. The Advertiser’s listing will
be displayed in all relevant Network sites
under the appropriate categories the Advertiser
chooses when they submit the pay per lead listing
insertion form. Leads will be forwarded to the email
address Advertisers have provided on the pay per
lead listing insertion form and at a minimum will
include the users name, street address, zip code,
phone number and or email address, and min liquid
capital available. The company does not share or
resell leads to other parties.
Payment:
Unless the Advertiser has purchased a pre-paid pay
per lead package,
The Advertiser will be billed on a monthly basis
beginning the first day off every new month for
leads generated during that term. Invoices are due
upon receipt can be paid via either a company check
or PayPal.
Term: The minimum pay per lead contract term
is 3 months. After the initial 3 month term has
expired the terms will shall go month to month
(unless a specific prepaid lead package has been chosen)
and shall automatically renew at the end of the
month unless a cancellation notice via email or
writing has been received from the advertiser.
Cancellations:
The Advertiser's cancellation of a pay-per lead
campaign may be made at any time after the initial 3
month terms has expired via email or
writing, but are effective at the end of month.
Invalid Leads: The Advertiser will not be
charged for invalid pay-per leads which contain
bogus or inaccurate contact details or are duplicate
leads. Advertiser may forward any suspected invalid
leads to company for review and credit.
Company Cancellation:
The Company has the right to cancel the Advertiser’s
Listing at any time if the Listing does not conform
to the Site’s standards or if Advertiser fails to
pay for either any portion of the Term amount due
for their campaign or for leads generated and
delivered on a pay-per lead basis. Company shall notify Advertiser of the
cancellation of the Listing via email using the
contact information provided by Advertiser.
Agreement Acceptance:
This Agreement shall be deemed accepted when the
Advertiser purchases a Listing. By purchasing a
Listing, the Advertiser agrees to all of the terms
in this Agreement and agrees that the Agreement is
in full force from the date of purchase of a
Listing.
Entire Agreement:
This Agreement constitutes the entire agreement
between the Advertiser and Company with regard to
the subject matter hereof, and replaces and
supersedes all other agreements or understandings,
whether written or oral. This Agreement may be
updated and/or modified by the Company at any time
without prior notice to the Advertiser. By posting
the updated Agreement on the Site the Company agrees
to be bound by the updated Agreement, and by
continuing to have a Listing on the Site the
Advertiser agrees to be bound by the terms of the
updated Agreement.
Mutual Indemnification:
Company shall hold Advertiser, including its
stockholders, directors, officers, employees,
Advertisers and agents harmless from any cost,
liability and/or expense (including legal fees),
incurred by Company or Advertiser as a result of or
in regard to any actions or failures to act of
Company in connection with this Agreement or its
activities hereunder, including claims by third
parties. Advertiser shall hold Company, including
its stockholders, directors, officers, employees,
Advertisers and agents harmless from any cost,
liability and/or expense (including attorney’s
fees), incurred by Company or Advertiser as a result
of or in regard to any actions or failures to act of
Advertiser in connection with this Agreement or its
activities hereunder, including claims by third
parties.
Independent Contractor:
The relationship between Company and Advertiser
created by this Agreement is that of an independent
contractor. Neither Company nor Advertiser shall
represent to any third party that there is any
employment relationship between Company and
Advertiser. Neither Company nor Advertiser shall
have the authority to act for the other in any
manner to create any obligations or liabilities or
incur any debts or expenses binding on the other.
Neither Company nor Advertiser shall be responsible
for any obligations, liabilities, debts or expenses
of the other. Each is solely liable for its own
actions or lack of action, and for the actions or
lack of action of its agents, employees or
representatives.
Warranty Disclaimers:
COMPANY IS PROVIDING THE SITE AND ITS CONTENTS,
INCLUDING EXPERT CONTENT AND ADVICE DELIVERED TO YOU
VIA EMAIL OR TELEPHONE EXCHANGE, ON AN "AS-IS BASIS.
COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES
OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED
BY LAW WITH RESPECT TO THE SITE OR THE CONTENT
CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN ADDITION, COMPANY DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY
DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN
UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE
INFORMATION ON THE SITE IS FOR YOUR GENERAL RESEARCH
PURPOSES ONLY AND SHOULD NOT BE RELIED ON IN MAKING
ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITY. COMPANY AND THIRD
PARTIES WHO CONTRIBUTE TO THE SITE, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND OTHER
REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST
PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY
CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE
SITE, THE SITE CONTENT, OR OTHERWISE ARISING OUT OF
ANY COMPANY WEB SITES, INCLUDING WITHOUT LIMITATION
ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT
LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT
AND/OR OTHER LIABILITY, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
NO
INFORMATION DISPLAYED OR INCLUDED IN THE SITE OR
OTHERWISE OBTAINED BY YOU FROM COMPANY OR IN
CONNECTION WITH YOUR USE OF THE SITE SHALL CREATE
ANY WARRANTY, NOR IS IT INTENDED TO SUPPLY LEGAL,
FINANCIAL, MANAGEMENT, HUMAN RESOURCES, ACCOUNTING,
OR OTHER FORMS OF ADVICE. USE OF THE SITE IS NOT A
SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER
PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT
ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A
COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
IN
NO EVENT SHALL COMPANY OR THIRD PARTIES WHO
CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN
CONTRACT, TORT (INCLUDING STRICT LIABILITY AND
NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR
CLAIMS OF THIRD PARTIES.
IN
WITNESS WHEREOF, this Agreement has been approved
and is in force as of the Effective Date herein.
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