Fill and Sign the Website Advertising Agreement Short Form

Website Advertising Agreement – Short Form Website Advertising Agreement made on the       day of       , 20       , between       , a corporation organized and existing under (Name of Website Owner) the laws of the state of       , with its principal office located at (Name of State)       , referred to herein Owner, and (Street Address, City, County, State, Zip Code)       , a corporation organized and existing under the laws of the (Name of Advertiser) state of       , with its principal office located at       , (Name of State) (Street Address)       , referred to herein as Advertiser. (City, County, State, Zip Code) For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Owner agrees to display the Advertiser’s business name or logo and link, if available, hereinafter called Advertisement, on its Home Page Website of www.       .com (the Owner’s Website) from       to       pursuant to the terms and conditions of (Date) (Date) this Agreement. 2. Responsibility of Advertiser. Advertiser agrees to supply a suitable advertisement complete with a signed Agreement and payment for the right to advertise on the Owner’s Website from       to       . (Date) (Date) 3. Definitions. A. Advertisement shall mean digital image of Advertiser’s business name or logo and Link, if available, supplied by Advertiser (the Link). B. Link shall mean an electronic connection connecting an Advertiser’s website with Owner’s Website containing the advertisement of the Advertiser. C. Advertiser shall mean       , a corporation (Name of Advertiser) organized and existing under the laws of the state of       , with its (Name of State) principal office located at       . (Street Address, City, County, State, Zip Code) Website Advertising Agreement – Short Form Page 1 of 4 D. Effective Start Date is determined by Website Owner and shall mean the actual date the Advertisement begins being displayed. 4. Contract Term . Following receipt of payment and acceptable digital image, the Advertisement will commence being displayed on the Owner’s Website within a reasonable amount of time and will continue to be displayed for the       consecutive days. The date at (Number) which the Advertisement is first displayed shall also be known as the Effective Start Sate of this Agreement. 5. Consideration. Advertiser shall pay to Owner $       in exchange for the right to have posted a company name or logo and Link, if available, to the Home Page of Owner for a period of       consecutive days in accordance with the provisions of this Agreement. (Number) Any money paid to the by the Advertiser will be fully refundable, not including accrued interest, if any, up to the Effective Start Date. 6. Right to Refuse Unacceptable Advertising. Owner reserves the right to refuse any Advertisement that does not completely conform to the guidelines that may be instituted by Owner. Owner will not accept advertising that produce, sell or specifically advertise pornographic products or services or any other advertising which may be considered inappropriate in the judgment of Owner. 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 forfeited. 7. Statistics. Owner makes no guarantee regarding the absolute accuracy of any of its published or unpublished statistics. Owner shall not be held liable for any claims as they relate to any statistics, usage, or otherwise. Owner is not required to provide Advertisers with usage statistics. 8. Truth in Advertising or 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 to through its Advertisement. Advertiser warrants that the Advertisement and Link supplied: A. Will comply with Owner’s advertising standards; B. That it holds the necessary rights to the Advertisement and Link, if 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. Website Advertising Agreement – Short Form Page 2 of 4 Advertiser agrees to indemnify Owner and to hold Owner harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Owner, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties. 9. Limitations on Damages. In no event shall Owner 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 Owner has been advised of the possibility of such damage. Advertiser further agrees to hold Owner for content of its advertising and shall indemnify Owner from any and all claims and/or damages arising from the advertising by Advertiser on the Home Page of Owner. Furthermore, Advertiser shall hold Owner harmless for the unintentional and temporary interruption of an Advertisement due to unforeseeable circumstances beyond Owner’s scope of normal control. 10. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 11. No Waiver . The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 13. Notices . Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 15. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Website Advertising Agreement – Short Form Page 3 of 4 Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 20. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated.             (Name of Name of Website Owner) (Name of Advertiser) By: By: (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation)             (Signature of Officer) (Signature of Officer) Website Advertising Agreement – Short Form Page 4 of 4