JuniorHockey.com Advertising Contract
Please initial all pages, and sign last page.
Terms & Conditions Applicable to Online Advertising
1. Parties to Contract/Assignment: This JuniorHockey.com Contract, including these Terms & Conditions,
(together the 'Contract') is between Customer & the Kosmin Media Group, which may assign this Contract, but Customer
may not do so without Media Group's written consent.
2. Definitions: [a] "Advertising" means items specified on the Contract face that are to be published & for which a charge
is assessed; [b] 'Customer' means the business, person or other legal entity shown as the Customer on the face of the
Contract, its owners & successors; [c] "Web Site" means URL destination specified on the Contract face; [d] 'Print Web Site
Advertising' means advertising that appears within a Sports Portal Web Site; [e] 'Media Group' means: The Kosmin Media
Group.
3. Payment For Advertising: [a] Customer will pay the charges specified on the Contract face (plus applicable taxes) at
the times specified on Media Group's invoices. First payment is due at the time when Advertising goes live. Customer will
be liable to Media Group for returned check fees & any other fees allowed by law. Media Group has the right but has no
obligation, to disclose any or all information which was specifically provided to Media Group by Customer, or that relates
to Customer's payment history it has concerning Customer to third parties, including credit-reporting agencies. [b] Late
Payment Fee and Interest Charge: if payment is not made by the due date on Media Group's invoice and/or this Contract,
Customer agrees to pay a Late fee of $25.00 and an interest charge of the highest lawful rate per month beginning on the
due date, on the past due amount until paid. (Note: no interest charge applies if all payments are paid when due.) [c] Stop
Advertising Penalty: If Customer fails to make payments as specified herein, Customer agrees that advertising will be pulled
within 10 days, until payment in full is collected. Media Group has the option of cancelling advertising account and applying
all cancellation fees as specified in 6 (below.)
4. Limitations Of Liability/No Warranty: [a] For purposes of this section 4, the term 'Media Group' includes Media Group's
affiliates, & the directors, officers, agents & employees thereof. Customer agrees that errors or omissions will sometimes
occur in processing a request for advertising or in the publication or delivery of advertising, & that Media Group cannot
& does not guarantee that advertising will be published without error or omission or delivered as scheduled by Media
Group, due to the possibility of such errors or omissions occurring. Media Group's maximum liability to customer for error,
omission or other default is limited as stated herein, regardless of whether customer alleges claims against Media Group in
contract or in tort, or other basis in law or equity. In the event of an error, omission or other default in the publication of an
item of advertising, Media Group may be obligated to pay one month of total advertising cost. [b] Media Group makes no
warranty of performance to customer and, in fact, disclaims any such warranty. Customer represents that Customer has not
relied upon any such warranty & assumes all risks concerning the functionality, performance or results of the advertising.
5. Integration/Modification/Construction/Jurisdiction & Choice Of Law/Jury Waiver: [a] This contract is the entire
agreement between Media Group & customer concerning the advertising specified on the face of the contract, & supersedes
any & all prior agreements between the parties. [b] Other than as provided in section 9[a], no oral or written representation
made by Media Group's sales representative or other employee; which purports to modify this contract, is binding on Media
Group or Customer. The contract cannot be modified except in a writing signed by both parties, and only a Vice President or
President can sign on behalf of Customer. [c] If a provision of this Contract is held to be invalid under the law, the remaining
provisions shall be enforceable. [d] This Contract may be executed in counterparts & by facsimile copies. All executed
copies are duplicated originals, equally admissible in evidence. [d] Customer's claims or causes of action arising from or
related to the Advertising will be filed in the state court of Texas and the jurisdiction shall be interpreted according to the
laws of Texas and jurisdiction shall be in Montgomery County.
6. Cancellations: [a] Contracts cannot be cancelled without penalty unless the Customer files for bankruptcy, a majority
of customer's business is sold to a third party, and/or the Customer goes out of business. [b] In order to cancel a contract,
Customer agrees to pay any set up and / or production fees in the amount of $350.00 plus any money owed for which the
advertising was online. This is a liquidation amount covering only part of our damages; that is, our time, effort, and expense
in processing the cancellation. This fee will release the Customer from any contractual obligation. [c] If Customer receives
incentive pricing for any Advertising item(s) based on a commitment by Customer regarding any other Advertising item(s) &
Customer subsequently cancels or fails to fulfill Customer's commitment regarding said other Advertising item(s), then said
incentive pricing will revert to, & Customer will be obligated to pay, the full undiscounted charge for the Advertising item(s)
for which incentive pricing was received.
7. Customer's Warranties & Obligations/Indemnification: [a] Customer warrants that: It will provide Media Group with all
information necessary to publish the Advertising & will do so in a timely manner; to the best of Customer's knowledge, all
information in Advertising is accurate, not misleading & complies with all laws & licensing requirements and no item of
Advertising requested by Customer violates the rights of any third party; Customer is authorized to be & is engage in the
business of providing the products and/or services corresponding with the categories under which Customer wishes to
advertise; & Customer is the sole beneficial owner of the Advertising purchased under this Contract & has not & will not
resell it or any interest in it to any third party unless such sale is made in conjunction with a sale of the majority of
Customer's business to the same third party; [c] As to Advertising created by Media Group for Customer, Customer is
responsible to review said advertising & confirm that, to the best of its knowledge, it has the right to use & publish any name,
address, trade name, trademark, service mark, picture, likeness, logo, reproduction, endorsement, copyrighted or
copyrightable item, or other content as included in such advertising. [d] Customer warrants that Customer will honor any
promise, offer or other statement set forth in the Advertising during the entire life of the Advertising, or until an expiration
date stated in the Advertising, whichever occurs first except Customer is not obligated to always offer or provide a service
specified in the Advertising to a specific individual or entity who requests the service. [e] Customer agrees to indemnify &
hold harmless Media Group, its parent(s) & affiliates, & their directors, officers, employees & agents against all claims &
liabilities, including attorney fees & other expenses incurred in the defense of any claims, arising from customer's advertising
including without limitation, claims that the advertising infringes on a third party's trademarks, copyrights, or other
intellectual property rights, contains misrepresentations or does not otherwise comply with customer's legal obligations.
8. Limitations Of Liability/No Warranty: For purposes of this section 8, the term 'Customer' includes Customer's affiliates,
& the directors, officers, agents & employees thereof. Customer's acceptance of this contract & the rates charged for
the advertising & other services are based upon Customer's limitation of liability as set out in this section 8. Customer's
maximum liability to Media Group for any error, omission or other default by Customer is limited to the Cancellation Fee as
delineated in Section 6 above, plus the payment of any money owed for which the Advertising was online.
9. Miscellaneous: Customer agrees: [a] Media Group has the sole right & discretion to operate its business in any manner
it chooses, including but not limited to the right to determine and/or change the name, look, content, categories, sequence of
categories, design, publishing policies, specifications, standards & guidelines, posting, publication & distribution. Media
Group has the right to reject Advertising that does not comply with its publishing policies, specifications, standards and/
or guidelines. Instead of rejecting Advertising in its entirety Media Group may, but is not required to, change a portion of
the Advertising with notice to Customer, to resolve a policy, specifications, standards or guidelines conflict. Media Group
does not warrant to Customer that advertising of other customers will comply with such publishing policies, specifications,
standards, & guidelines. Media Group is not obligated to publish any advertising that Media Group, in its sole discretion,
deems unacceptable. [b] Customer will not represent to any third party that Media Group approves or endorses any product
or service of Customer. [c] Media Group may publish advertising of any other party in any Web Site at any time. [d] Media
Group may create, revise or cancel a Media Group discount or promotional offering at any time prior to the effective date of
this Contract. No discount offered to Customer obligates Media Group to offer any future discount not specifically included
in the initial offer. [e] Customer agrees to accept phone calls, faxes, email & other communications from Media Group
or Media Group's agents related to Media Group's services. Customer will provide office contact telephone numbers, fax
numbers & email addresses, if any, to Media Group upon request.
Company Name: ________________________________________________________
Signature: _________________________________________________________
Print Name: _________________________________________________________
Title: _________________________________________________________
Date: ______________________________
Please sign above, and initial all pages. When finished, return this contract to your sales representative, or Fax to: 281-754-4319.