Delaware BizBuz - Banner Request

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Friday, September 05, 2008

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Subscription Option:

1 month - $30.00

3 month - $85.00

6 month - $160.00

12 month - $290.00

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DelawareBizBuz.com legal terms

Please check this box certifying that you are authorized by this business to make this purchase.

In order to submit your subscription you must read Delaware BizBuz.com's Advertising Agreement and check the box below.

WEB SITE ADVERTISING AGREEMENT

THIS AGREEMENT ("Agreement") is entered into between Delaware BizBuz, LLC ("Web Site Owner"), with its principal place of business located in Magnolia, DE and Client named and set forth on the subscription form, and shall be effective on a date agreed to by both parties in writing.

RECITALS

WHEREAS, Web Site Owner owns and operates a certain Web site identified as DelawareBizBuz.com (the "Web Site")

WHEREAS, Client desires to have advertisements (the "Advertisements") placed on the Web Site to promote its good and/or services

NOW, THEREFORE, Web Site Owner and Client agree as follows:

1.	Scope of Services

Web Site Owner will display advertising on the Web site located at www.DelawareBizBuz.com (the "Web Site") and other pages linked thereto.  The Advertisements may be linked to Client's Web site or any other page located at another URL that Client may provide to Web Site Owner in writing from time to time subject to Web Site Owner approval.

2.	Term and Termination

Unless terminated as provided herein, this Agreement will extend for the period chosen on the subscription form.

3.	Manner of Display and Acceptable Content

Until this Agreement is terminated according to the terms provided herein, the Advertisements will be displayed on the Web Site pages specified on the subscription form of this Agreement.  Client will supply all artwork as well as link information for the Advertisements.  All Advertisements must conform to standards promulgated from time to time by Web Site Owner.  Any failure of an Advertisement or of the site linked thereto to conform to these standards will constitute a breach of this Agreement.  Web Site Owner reserves all right to determine whether artwork or other content submitted for the Advertisements is acceptable for use on the Web Site.  Web Site Owner may, in its sole discretion, refuse the use of any Advertisement.

Web Site Owner reserves all right but not obligation to post an alert or indicator on clients listing or Advertisements if, in it's sole discretion, it determines a negative trend has been identified which could adversely impact, affect or mislead consumers.

4.	Price and Payment

Client will compensate Web Site Owner for the Advertisements pursuant to the terms and times for payment set forth in the subscription form.  Web Site Owner reserves the right to seek recovery of any overdue amounts from either or both Client and any of its authorized advertising agents.

5.	Limitation of Liability, Indemnification

Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the performance of the terms of this Agreement, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.  Client will indemnify and hold Web Site Owner harmless against any claims incurred by Web Site Owner arising out of or in conjunction with the placement or display of any Advertisement or Client's breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein.  Web Site Owner's total liability under this Agreement with respect to the Advertisements, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Client to Web Site Owner.

6.	Copyrights and Trademarks

Delaware BizBuz , BizBuz Friendly  and DelawareBizBuz.com  are registered service 
marks of Delaware BizBuz, LLC.  Delaware BizBuz's service marks/trademarks may not be 
used in connection with any product or service that is not provided by Delaware BizBuz, LLC, 
in any manner that is likely to cause confusion among customers, or in any manner that 
disparages or discredits Delaware BizBuz, LLC.

Client bears all responsibility and Web Site Owner disclaims any responsibility relating to service marks/trademarks and copyright issues and infringements for the content and Advertisement materials submitted by Client for their Advertisement on the Web Site.

7.	Relation of Parties

The performance by Web Site Owner of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between Web Site Owner and Client, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.

8.	Non-assignment

Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party.  This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.

9.	Arbitration

Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any.  The parties agree that this agreement will be governed by and construed and interpreted in accordance with the laws of the State of Delaware.  The arbitration will be held in Kent County, Delaware.  The Arbitrator will have the authority to grant injunction relief and specific performance to enforce the terms of this Agreement.  Judgement on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.

10.	Attorneys' Fees

If any litigation or arbitration is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs.

11.	Severability

If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

12.	Waiver and Modification

The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant.  All waivers must be in writing, and signed by the party waiving its rights.  This Agreement may be modified only by a written instrument executed by authorized representatives of the parties hereto.

13.	Entire Agreement

This Agreement, together with any attachments referred to herein, constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter.  Both parties acknowledge that they have not been induced to enter into this Agreement by any representatives or promises not specifically stated herein.

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives.

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