Terms and Conditions:
Duration of Agreement: Advertiser’s Banner Advertisement will appear on the NEKF Web site for 1 year commencing on Start Date, unless otherwise specified.
Display, Placement and Links: Each Banner Advertisement will be displayed at the agreed upon location (ie. header or sidebar), on all pages possible throughout the site. This agreement is not exclusive, meaning NEKF may have Banner Advertisements from several parties randomly rotating on its site at the same time. NEKF does not and cannot make any representation or warranty as to the number, frequency or duration of any such page views.
Services interruptions: Advertiser agrees not to hold NEKF responsible for any liability, loss, cost, claim, damage or causes of action of any kind that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Truth in advertising / indemnification for liability: The Advertiser is solely responsible for any liability arising out of or relating to the Banner Advertisement, and/or any material to which users can link through the Banner Advertisement. The Advertiser represents and warrants that any information found on URLs hyper linked from the Banner 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, image, or other proprietary or confidential information 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.
Advertiser agrees to indemnify NEKF and to hold NEKF, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damage, claims, or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by NEKF, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties
Governing law: This Agreement and the resolution of any dispute related to this Agreement shall be governed by the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. Failure by NEKF, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Upon execution of this Agreement, NEKF will commence setup for Advertiser’s Banner Advertisement and issue an invoice. NEKF will make the account visible to NEKF site visitors upon receipt of payment (pending Advertiser readiness and approval).
Sole Agreement: This document constitutes the sole agreement between NEKF and the Advertiser regarding this Web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. This Agreement may only be modified, or rights under it waived by a written document executed by both.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with NEKF, at our discretion.