Any advertising submitted is subject to the prior approval of About. About reserves the unrestricted right to reject or cancel any advertising and/or links to an Advertiser's site on the Web for any reason at any time. Although About and its affiliates may from time to time review placed advertising, neither About nor its affiliates is under any obligation to do so. About reserves the right to place the word "Advertising" on any copy which, in About's opinion, resembles editorial matter in style or appearance.
About is not responsible for the content of any advertising material provided by the Advertiser or by any agency acting for or on behalf of the Advertiser ("Agency"), including, without limitation, any claims, errors or omissions in any advertising materials provided by the Advertiser or Agency.
Advertiser/Agency represents and warrants that (a) it is authorized to make available to About, the contents and subject matter of the advertising materials; and (b) the advertising materials do not and will not violate any law or regulation or infringe upon any copyright, trademark or any other right of any party. Advertiser and Agency will jointly and severally indemnify, defend and hold harmless About and its employees, directors, officers, agents, shareholders, affiliates and subsidiaries, from and against any and all claims, demands, damages, costs (including, without limitation, settlement costs), losses and expenses (including, without limitation, attorneys' fees and costs) arising out of or relating to (w) any breach of this Insertion Order by Advertiser and/or Agency; (x) any infringement or violation of any patent, copyright, trade secret, trademark, or other proprietary right by or in connection with any advertising materials provided by Advertiser/Agency; (y) the appearance of such advertising materials on the About network of sites; or (z) any claims of defamation, obscenity, indecency, violation of statutory, common law or contractual rights including, without limitation, the rights of any guild or union or rights of privacy or publicity or any and all similar claims arising out of or in connection with the advertising materials provided by Advertiser/Agency. It is understood that the Advertiser and Agency are jointly and severally liable for payment of invoices for advertising materials made available on the About network of sites as set forth in this Insertion Order.
Acceptance of any advertising does not constitute any endorsement of any kind by About. The Advertiser and Agency agree that neither shall have any authority to make any promotional or merchandising reference to About, or any public announcement of any kind which references About, including, without limitation, press releases or company statements by the Advertiser or Agency in any medium or manner, except with the express prior written permission of About in each instance.
About shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of any advertising material due to systems failure or malfunction, technological failure or malfunction of the About network of sites or the Web, or any other circumstances outside of About's control. About will not be responsible for any unauthorized use of the advertising material by third parties, including without limitation, unauthorized reproduction and/or tampering by network "hackers."
Any unintentional or inadvertent failure by About to place advertising material invalidates this insertion order with respect to such advertising material but will not constitute a breach of contract or otherwise subject About to any liability whatsoever.
No conditions, printed or otherwise, appearing on contracts, insertion orders or instructions submitted to About will be binding on About unless agreed to in writing signed by About. Advertising positioning/placement is determined by About in its sole discretion and is subject to change in About's sole discretion. Except as otherwise specifically agreed in a writing signed by About, all advertising positioning/placement clauses or conditions submitted to About will be treated as requests only and cannot be guaranteed. About's liability for any failure to position/place advertising material or for any error in any advertising material or in the positioning and/or placement of any advertising material shall not exceed the amount charged by About with respect to the advertising material in question.
Thirty (30) days prior written notice by Advertiser or Agency (as applicable) is required for cancellation of the placement of any advertising, unless otherwise agreed to in a writing signed by About. About may cancel this Insertion Order at any time. In the event of a cancellation by either party, the Advertiser (or the Agency, as applicable) will be billed for the amount of advertising impressions which were delivered up through and including the date in which the cancellation becomes effective. Furthermore, in the event of cancellation prior to the expiration of the term of this Insertion Order, About makes no guarantees as to the number of impressions actually delivered.
Unless otherwise specifically agreed in writing by About and the Advertiser, no cash discounts, volume discounts or other discounted rates will be available. Payments will be due upon receipt of invoice and shall be calculated on either an impression-served basis or on a ratable basis (i.e. in which equal payments shall be due from Advertiser or the Agency, as applicable, during the term of this ad campaign),as determined by Advertiser/Agency prior to the initial placement of the advertising material. If the Advertiser or Agency requests that About deliver more impressions during any period of the advertising campaign other than as set forth in the Insertion Order, payments due in connection with such period and thereafter shall be calculated on a per impression-served basis. If any payment is not received as set forth herein, About will have the right to remove any or all of Advertiser's advertisements from the About network of Web sites and/or assess a finance charge of up to one and one-half percent (1½%) per month on the unpaid balance. All impressions delivered hereunder shall be tracked by About or a third party directed by About, such as DoubleClick DART or other similar service, and the calculation of the number of impressions delivered shall be indisputable by Advertiser and Agency.
The agreement between About and the Advertiser (or Agency, if applicable) shall be governed by the laws of the United States of America and the State of New York applicable to contracts executed and performed entirely in the State of New York. Any dispute with respect hereto shall be resolved in the Federal or state courts in New York County and Advertiser and the Agency hereby consent to the exclusive jurisdiction of such courts over such parties.
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