GENERAL
By participating in TheBizPlace.com's Advertising Program you are entering into a binding and enforceable legal agreement with TheBizPlace.com as set forth below. You represent and warrant that you are authorized to enter into this agreement. You understand that any website(s) you have listed with TheBizPlace.com may be viewed by consumers who access your website(s) through TheBizPlace.com or any partner of TheBizPlace.com. Please read this Terms and Conditions Agreement carefully since, by participating in the TheBizPlace.com Advertising Program, you are signifying your assent to this agreement. As used in this agreement, the terms "Advertiser" and "You" mean you, the company or entity which you represent, and any of your or your company’s or entity’s employees, agents, representatives.
TOP SITES & FEATURED LISTINGS (PPC)
Top Sites and Featured Listings on the TheBizPlace.com website are sold on a Price per click (PPC) basis. For purposes of this Agreement, the TheBizPlace.com PPC Program is that program whereby Advertisers wishing to advertise their website, services or products, bid for placement of a keyword advertisement to appear in the results or listings generated by TheBizPlace.com and/or its affiliates in response to search, browse, or contextually-driven keyword inquiries. You understand that your keyword advertisements shall be served in response to inquiries on keywords that you have bid on as well as different misspellings, singular and/or plural variations, or other related keywords or keyword phrases that TheBizPlace.com maps to your keyword advertisements. The amount of an Advertiser's bid determines placement of such Advertiser's keyword advertisement in TheBizPlace.com's results list. TheBizPlace.com continually updates placement based upon the ongoing results of the bids for placement.
Top Sites Listings receive placement along the left column of the TheBizPlace.com site and above Featured Listings and are ranked, vis a vis other Top Site Listings, in the presentation of site pages depending on the price per click PPC Advertiser has agreed to pay, from highest (top) to lowest. Top Sites Listings include a “SiteGlimpse” snapshot of the Advertisers Home page.
Advertiser’s Top Sites Listing's rank is subject to change throughout the life of Advertiser’s account as a result of higher PPC rates paid by other companies for Top Sites Listings.
Featured Listings receive placement immediately below Top Sites Listings along the left column of the TheBizPlace.com site and are ranked, vis a vis other Featured Listings, in the presentation of such pages depending on the PPC Advertiser has agreed to pay, from highest (top) to lowest. Featured Listings do not include a “SiteGlimpse” snapshot of the Advertisers Home page.
The very nature of PPC listings requires that we strictly prohibit our advertisers from including phone numbers and/or other contact information in the titles or descriptions of their listings.
TERMS & PAYMENT
There are no fees charged to set up and run a TheBizPlace.com PPC account and no monthly minimums or charges. Deposits are 100% used toward your click-throughs.
Advertiser agrees to pay TheBizPlace.com based on the number of clicks by a user on your keyword advertisement multiplied by the amount which you have bid to pay for each click on your keyword advertisement. The amount of clicks are measured by tracking reports prepared by TheBizPlace.com and you understand and agree that such report shall be the only and definitive measure of the amount of clicks. A deposit (of at least $100) shall be paid to TheBizPlace.com to initiate services to the Advertiser. Advertiser agrees to pay all charges to its account, including any and all taxes, which may be applicable, all in accordance with TheBizPlace.com's terms in effect at the time a fee is incurred. Advertiser acknowledges that its payment obligation hereunder is based solely on the number of clicks and not on Advertiser's ability to convert clicks to sales, registrations, or other user actions. In the event that Advertiser has elected to pay TheBizPlace.com by credit card and has selected the automatic deposit feature, Advertiser agrees that TheBizPlace.com may charge the credit card for the pre-determined amount set by Advertiser prior to Advertiser’s account being suspended.
The Advertiser represents that all payment information provided to TheBizPlace.com will be accurate and complete. In the event that TheBizPlace.com is unable to charge an Advertiser's credit card or a check issued by the Advertiser is returned, TheBizPlace.com may, in its sole discretion and in addition to any other remedies available to it under this Agreement and any and all applicable laws, suspend or terminate the Advertiser's participation in the Advertising Program. Advertiser shall be responsible for the payment of any and all charges and/or fees incurred by TheBizPlace.com as a result of any dishonored check or credit chargeback. If Advertiser believes any claim or dispute exists with respect to any charges or fees incurred by Advertiser pursuant to the terms of this Agreement, Advertiser shall notify TheBizPlace.com in writing no more than 30 days following posting by TheBizPlace.com to Advertiser’s account of such charge or fee. Advertiser’s failure to notify TheBizPlace.com of any claim or dispute within such 30-day period will result in the waiver of any such claim or dispute by Advertiser and such charges or fees shall become final.
ANNUAL PLACEMENT
Annual Placement Listings on TheBizPlace.com site are sold on an inclusion basis for a one time, non-refundable annual fee. Annual Placement Listings include a website title, description and URL, including keywords and appear directly below Featured Listings.
Terms and Payment. Advertiser’s credit card is charged a one-time, non-refundable annual fee at the time the listing is placed. After one year from the date of Advertiser’s Listings inclusion in the TheBizPlace.com Directory, TheBizPlace.com will contact Advertiser via the email address provided by Advertiser to TheBizPlace.com. At that time, Advertiser will be provided with details of how to renew its Standard Listing for another year. Should Advertiser choose to renew its listing at that time, Advertiser’s credit card will again be charged the non-refundable renewal fee.
YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent that you are the authorized owner or representative of the website(s) for which keyword advertisements are requested and that such website(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any defamatory, slanderous or libelous matter. You will not hold TheBizPlace.com or its affiliates liable or responsible for the activities of visitors who come to your website(s) through a link provided from TheBizPlace.com. You further represent that your website is not unsuitable for the TheBizPlace.com Advertising Program and that the keywords and content utilized to advertise your website do not infringe on the patent, copyright, trademark, or intellectual property rights of others. Unsuitable websites include those that (a) promote violence or are threatening in any way or nature to any third party; (b) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) have resulted in or are intended to defraud consumers; (d) promote illegal activities or are undertaken in violation of the laws, rules or regulations of any governmental authority having proper jurisdiction over You, the company or entity You represent or the website for which links are requested; (e) violate or infringe upon the rights of any third party, including intellectual property rights, publicity rights, or privacy rights; and (f) promote goods or services that have resulted in or are intended to cause any type of physical or mental harm to any third party or the property of any third party. TheBizPlace.com reserves the right, in its sole and absolute discretion, to reject or remove any website it deems unsuitable for the TheBizPlace.com program. TheBizPlace.com does not allow advertisement of businesses promoting adult, pornographic or illegal activity. All ads are subject to review for appropriate content.
YOUR INDEMNIFICATION OBLIGATIONS
Advertiser agrees to indemnify and hold TheBizPlace.com, its affiliates, distribution partners and their respective officers, directors, employees, representatives, consultants and other agents harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Advertiser's participation in the TheBizPlace.com Advertising Program (including keywords and content utilized by Advertiser to promote its website), Advertiser's website content or Advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, third party claims for infringement of patent, copyright, trademark or other intellectual property rights and violation of rights of privacy, publicity and property. You agree that you are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to TheBizPlace.com. You further agree that TheBizPlace.com shall have the right, in its sole discretion, to select its own legal counsel to defend TheBizPlace.com from any such claim and that You shall be solely responsible for the payment of all TheBizPlace.com’s reasonable attorneys’ fees incurred in connection therewith. You agree that any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against You, the company or the entity You represent, or TheBizPlace.com that is subject to your indemnification obligations set forth herein shall be subject to the prior written approval of TheBizPlace.com, in its sole discretion, if such settlement or resolution results in any further obligation or liability for TheBizPlace.com.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER.
THE THEBIZPLACE.COM WEBSITE, INCLUDING THE THEBIZPLACE.COM ADVERTISING PROGRAM, IS AVAILABLE ON AN "AS IS" BASIS. THEBIZPLACE.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY SERVICE PROVIDED BY THEBIZPLACE.COM FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICKS PER KEYWORD ADVERTISEMENT WHICH WILL BE DELIVERED AND THE SUCCESS OF YOUR KEYWORD ADVERTISEMENT (S). THEBIZPLACE.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY ADVERTISER IN CONNECTION WITH THE ADVERTISING PROGRAM OR INCURRED BY ADVERTISER AS A RESULT OF ANY SERVICES PROVIDED BY THEBIZPLACE.COM AND/OR ITS AFFILIATES OR DISTRIBUTION PARTNERS INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF ANY WEBSITES OR PAGES, THE LOCATION, CIRCUMSTANCE, APPEARANCE (OR FAILURE TO APPEAR) OF THE ADVERTISER’S KEYWORD ADVERTISEMENT(S), ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEBSITES OR RECORDS, OR OTHER INJURY DAMAGE OR DISRUPTION TO ADVERTISER.
NOTWITHSTANDING THE FOREGOING, SHOULD THEBIZPLACE.COM BE HELD LIABLE FOR ANY REASON, ADVERTISER AGREES THAT IN NO EVENT SHALL THEBIZPLACE.COM'S LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO THEBIZPLACE.COM BY ADVERTISER IN THE SIX MONTHS PRIOR TO ANY ALLEGED LOSS. IN NO EVENT SHALL THEBIZPLACE.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEBIZPLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THEBIZPLACE.COM WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF ITS WEBSITE OR BID PROGRAM BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. THEBIZPLACE.COM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS WEBSITE OR ADVERTISING PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD THEBIZPLACE.COM RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE THEBIZPLACE.COM BID PROGRAM, THEBIZPLACE.COM WEBSITE, AND/OR WEBSITES LINKED TO THROUGH THE THEBIZPLACE.COM WEBSITE.
RIGHT TO REJECT
All requested URL links, search terms, descriptions and bids are subject to TheBizPlace.com's approval. TheBizPlace.com reserves the right to reject, cancel or remove any URL link, search terms, descriptions and bids at any time for any reason whatsoever and TheBizPlace.com, its employees, consultants and other agents shall have no liability for such decisions.
RELEVANCY
You may only submit search terms and descriptions to
TheBizPlace.com's advertising program that are relevant to your
website(s). If any information provided on your website(s) is changed,
you must update your search terms and descriptions to be both current
and accurate. All search terms and descriptions submitted are subject
to relevancy review by the TheBizPlace.com editorial staff, and are
subject to removal or rejection. No refunds will be issued for charges
incurred to any account as a result of submitting irrelevant words to
TheBizPlace.com's Bid Program. Excessive violations of relevancy
regulations may result in termination of your account without refund
for any charges already incurred.
KEYWORD ADVERTISEMENTS
TheBizPlace.com does not guarantee that your keyword advertisements will be available or displayed and you understand that TheBizPlace.com reserves the right to not place your keyword advertisements within any search results list generated in connection with TheBizPlace.com. The format of your keyword advertisement may vary and TheBizPlace.com makes no representations as to the format of your keyword advertisement, e.g., a keyword advertisement that is displayed through TheBizPlace.com or any licensed affiliate or distribution partner of TheBizPlace.com may include a truncated keyword advertisement title or keyword advertisement description. In all cases information for the keyword advertisement must be submitted in the form requested by TheBizPlace.com. All keyword advertisements are subject to the TheBizPlace.com relevancy guidelines, which may be modified from time to time by TheBizPlace.com in its sole and absolute discretion.
TERMINATION
You may cancel your participation in the TheBizPlace.com Advertising Program at any time by providing 72 hour written notice to TheBizPlace.com. Following such notice period, you will be entitled to receive a refund for all amounts not yet charged to your account, if any. In the event your account does not have adequate funds available to pay for all charges incurred by You in connection with your participation in the TheBizPlace.com Advertising Program through the effective date of your termination, You will remain responsible for promptly paying such charges. In all events, the initial $100 deposited into your account is non-refundable. We may cancel your participation in the Advertising Program at any time for any or no reason. TheBizPlace.com reserves the right to cancel these Advertising Programs at any time.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the substantive laws of the State of Minnesota. No waiver, modification or addition to this agreement shall be valid. The invalidity or unenforceability in whole or in part of any portion of this Agreement will not affect the validity or enforceability of the remaining portions of this Agreement. If for any reason, any provision is determined to be invalid or in conflict with any existing, or future law or regulation by any court or governmental authority having valid jurisdiction, such provision shall be modified to the least extent necessary to become valid or in conformity with such law or regulation. All notices and other communications required by this Agreement shall be sent via certified mail to TheBizPlace.com, 5720 Green Circle Dr. #100, Minnetonka, MN, or via facsimile to (952) 401-0669, in each case to the attention of: Legal Department. This agreement constitutes the entire agreement between the parties relating to the participation in TheBizPlace.com's Advertising Program. Nothing in this Agreement, express or implied, is intended or shall be construed to create any third-party beneficiaries. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by Advertiser without the prior written consent of TheBizPlace.com. This agreement supersedes all prior and/contemporaneous agreements and Advertiser has relied upon no representations, oral or otherwise, not contained within this Agreement. TheBizPlace.com reserves the right to change the terms upon which it offers its Programs to the public and may change this Agreement by posting such changes. Advertiser's continued participation in the bid program following such changes shall be deemed an assent to such changes.