Atlanta Moms® Advertising Terms & Conditions
What's inside:
- Display of Advertising Material
- Legal Terms & Conditions
- AtlantaMoms.com Trademarks
- Effectiveness Guarantee
- Termination and Subscription Termination
- Renewal Policy
- Refund Policy
By purchasing advertising on AtlantaMoms.com (Atlanta Moms® ) you are agreeing to the terms stated here.
1. Display of Advertising Material
AtlantaMoms.com may redesign its site in its sole discretion at any time. If any redesign affects the physical placement of one or more advertisements or if AtlantaMoms.com is otherwise unable to display such advertisements AtlantaMoms.com will work with the advertiser to display the affected advertisements elsewhere in comparable areas of the AtlantaMoms.com site.
The advertising inventory purchased by Advertiser is for use solely by the Advertiser and may not be used by any third party including another business of the Advertiser's unless otherwise agreed upon by AtlantaMoms.com Advertising Account Manager and Publisher.
Any guarantees are to time frame (as measured by AtlantaMoms.com in accordance with its standard methodologies and protocols), not “click throughs” or "impressions". AtlantaMoms.com will provide Advertiser with standard demographics and site usage information related to the advertisements. Advertiser may not disclose such information to any third party without AtlantaMoms.com’s express prior written consent.
Payment must be submitted before a campaign will run on AtlantaMoms.com.
Advertisers must provide all necessary artwork and active URLs to AtlantaMoms.com within 5 business days of advertising purchase and as specified within the Advertising Specifications agreed upon.
AtlantaMoms.com is entitled to reject or discontinue advertisements at any time for any reason. In such event, Advertiser will be responsible for only a pro-rata portion of payments due hereunder, based on the number of days delivered and left in the campaign (the “Pro-rata Payments”).
Links in sponsored posts published on any domain name that Atlanta Moms® /Best Parenting Resources, LLC owns including but not limited to AtlantaMoms.com and TheMommyInsider.com will be rel="nofollow". This is a relatively new development. Some old links may not already be marked nofollow but we are working on that and require that all new advertiser links are nofollow.
Advertiser shall bear full responsibility for all products or services offered, sold, or licensed through the advertisements or the Advertiser’s website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services.
2. Legal Terms & Conditions
License and Warranties.
Advertiser hereby grants AtlantaMoms.com the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the advertisements together with any content or materials on any interactive site linked to the advertisements through the AtlantaMoms.com website. Advertiser certifies that it has all necessary rights and permissions to offer, sell and/or license such products and services through the advertisements and the Advertiser’s website, and that the advertisements and the Advertiser’s website do not and will not violate any applicable laws or regulations or any third-party rights (including, without limitation, intellectual property rights), or contain any libelous or defamatory materials. Advertiser certifies that the advertisements and the Advertiser’s website will at all times comply with all standard, written policies applicable to AtlantaMoms.com, including the privacy policies and advertising specifications.
AtlantaMoms.com Trademarks.
Trademark: "Atlanta Moms" and the is a registered trademark and may not be used in any manner whatsoever with out expressed written permission.
Advertiser shall not use, display or modify the "Atlanta Moms" trademark or logo in any manner without the prior written consent of AtlantaMoms.com.
Limitation of Liability; Disclaimer; Indemnification. (A) Except in connection with the confidentiality, solicitation, tax and indemnity provisions herein, damages under this agreement shall be limited to direct damages, (B) AtlantaMoms.com does not make and specifically disclaims any representations or warranties, express or implied, and under no circumstances will AtlantaMoms.com’s aggregate liability hereunder or in connection herewith (including, without limitation, in respect of the indemnity below) exceed the advertising fees actually paid by Advertiser to AtlantaMoms.com hereunder, and (C) each party (“indemnifying party”) hereby agrees to indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, distributors, franchises and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by indemnifying party of any duty, representation or warranty under these Terms and Condition.
Related Limitations and Covenants.
Neither AtlantaMoms.com nor its affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any advertisement beyond liability to give the advertiser or advertising agency credit for so much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.
Effectiveness Guarantee
AtlantaMoms.com does not guarantee any given level of circulation, distribution, reach or readership for any advertisement.
The advertiser and advertising agency jointly and severally assume liability for all content (including text representation, illustrations, updates and links to other internet content) of advertisements published and also assumes responsibility for any claims arising therefrom made against AtlantaMoms.com or its affiliates, including all costs associated with defending any such claim.
All advertising copy that may be mistaken by a reader as news, feature or other non-advertising materials must be clearly marked “advertisement”.
AtlantaMoms.com shall not be liable to the Advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or any web sites.
In the event an account is referred to a third party for collection, advertiser and advertising agency agree to pay all collection fees including attorneys’ fees and court costs incurred to effect collection.
3. Solicitation; Privacy Policy; User Information
Advertiser shall not send unsolicited, commercial email or other online communications (e.g., “spam”) through or into AtlantaMoms.com and shall comply with all standard AtlantaMoms.com bulk email policies.
Advertiser shall ensure that its collection, use and disclosure of information obtained from AtlantaMoms.com users under this Advertising Campaign complies with all applicable laws, regulations and privacy policies.
Advertiser shall not disclose such user information to any party, nor shall Advertiser use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with AtlantaMoms.com. This section shall survive the completion, expiration, termination or cancellation of this Advertising Campaign for a period of two (2) years.
4. Confidentiality
Both parties will keep the existence and terms of this Advertising Campaign confidential and neither party will publish any press release related hereto without the prior written consent of the other party.
5. Termination
Either party may terminate this Advertising Campaign in the event of a material breach of this Advertising Campaign by the other party, which remains uncured after ten (10) days written notice thereof. In addition, AtlantaMoms.com may terminate this Advertising Campaign upon a material breach by Advertiser of any other agreement between the parties which is not cured within cure period set forth in such agreement. If AtlantaMoms.com terminates this Advertising Campaign due to Advertiser’s material breach of any requirement of this Advertising Campaign or of any other written agreement with AtlantaMoms.com, all of Advertiser’s payment obligations hereunder shall survive such termination. If Advertiser terminates this Advertising Campaign due to AtlantaMoms.com’s material breach of this Advertising Campaign, Advertiser will be responsible only for the Pro-rata Payments.
AtlantaMoms.com may terminate this Advertising Campaign at any time for any reason upon thirty (30) days written notice to Advertiser (or upon such shorter notice as may be designated by AtlantaMoms.com in the event that AtlantaMoms.com believes in good faith that further display of the advertisements will expose AtlantaMoms.com to liability or other adverse consequences). In such event, Advertiser will be responsible only for only the Pro-Rata Payments.
Renewal Policy: Advertisements which have not been renewed after two attempts or ten days from first attempt at contacting the advertiser, will be deleted from AtlantaMoms.com by 8pm EST the following Thursday. Once an advertisement is deleted from AtlantaMoms.com the advertiser will lose 'ownership' of the ad space.
6. Subscription Termination
Your subscription you begin via Atlanta Moms® and PayPal for your advertising subscription are your responsibility. If you fail to cancel before the renewal date via the instruction below. Your subscription will be automatically renewed for the term duration. NO REFUNDS
Canceling a Subscription and Recurring Payment cancels all future scheduled payments for that subscription. You can only cancel a subscription that is 'Active' and recurring. If your original subscription creation is 'completed' no future payments will be deducted and no cancellation is necessary.
To cancel an 'Active' Subscription:
1. Log in to your account at www.paypal.com
2. Click the 'History' sub-tab.
3. Choose the 'Subscriptions' field from the 'Show' drop-down menu.
4. Check the 'From' box and change date back to the year the subscription was created.
5. Click 'Search'.
6. To view the details of a specific 'Subscription Creation', click 'Details' in the Details column.
7. At the bottom of this page, click 'Cancel Subscription'.
8. On the confirmation page click 'Cancel Subscription' again.
If your subscription is a non-recurring subscription, you will see your 'Subscription Completion' already posted and no future payments will be deducted from your PayPal account.
Please note:
- When viewing your subscription details in PayPal, make sure you click on the transaction that is titled 'Subscription Creation' and not a payment transaction.
- The scheduled payment will need to be canceled at least one day prior to the scheduled date of the next payment.
- Canceling a Subscription on the day of a scheduled payment will not guarantee the payment will not be sent.
7. Refund Policy
Refunds will be issued for prepaid future advertising (any campaign due to start within 2 days of payment received) campaigns canceled with a minimum of a 3 business day notice.
Advertising campaigns that are canceled by the advertiser after advertising has started are not eligible for refund under any circumstances.
A refund will not be issued for advertisements that are two days or less from the date the payment was processed, currently running or have already run on AtlantaMoms.com and our component sites for any reason including but not limited to 'advertiser company advertising guideline changes or new/updated restrictions' and expected or unexpected closure of advertiser's facility or service.
If it appears that a run date mistake has been made by AtlantaMoms.com, we will make up the incorrect run date by adding time to the campaign. In the rare event that the campaign is time sensitive, we will advertise general information about the advertiser's business on AtlantaMoms.com for the appropriate amount of time to make up for the campaign length or ads that were mistakenly not run.
Campaigns that have been purchased and that Atlanta Moms® editors feel do not align with our mission of supporting parents will be refunded.
As with any type of advertising, we can not guarantee or promise sales, ROI, leads or calls from advertisements placed on AtlantaMoms.com. In the case that an advertiser is not satisfied with the results of an advertisement placed with AtlantaMoms.com, we work with the advertiser to implement an advertising campaign whether through the use of new/updated ad components on AtlantaMoms.com or through an extension of their ad campaign on AtlantaMoms.com.
8. Miscellaneous
This Advertising Campaign sets forth the entire agreement between Advertiser and AtlantaMoms.com with respect to the transactions set forth herein, and supersedes any and all prior agreements of AtlantaMoms.com or Advertiser with respect to such transactions. If an advertising agency signs this Advertising Campaign on behalf of Advertiser, the agency thereby represents and warrants that it has full authority to bind Advertiser to the terms of this Advertising Campaign and that it will ensure that Advertiser complies with all such terms.
Advertiser shall not make any assignment of this Advertising Campaign or any rights benefits or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of AtlantaMoms.com. In the event of an assignment, this Advertising Campaign shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.
This Advertising Campaign shall be interpreted, construed and enforced in accordance with the laws of the State of Georgia, except for its conflicts of laws principles. Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Georgia and the federal courts situated in the State of Georgia in connection with any action arising under this Advertising Campaign.
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