Marketing and Advertisement Agreement for Neuraxiom LLC
This agreement is between Neuraxiom LLC and ___________________________ (hereafter referred to as "Advertiser").
Advertiser wishes to place an Advertisement on the Internet web site maintained by Neuraxiom LLC and called Neuraxiom.com.
Ad or Advertisement is a graphical computer file with or without associated HTML computer code supplied by the advertiser to Neuraxiom LLC to be incorporated into the Neuraxiom.com web site and displayed as set forth below under "Management of Neuraxiom Ad Spaces". The Ad graphic file may be reside at the Neuraxiom web server or reside on a remote server and the Neuraxiom site will link to the file. The Ad file must be a file format and a size specified by the Neuraxiom LLC Ad Rate Card. Any associated HTML code linking to other sites must not contain any executable code which can be construed as virus like malware, spamming, phishing, trojan or any other bad computer buzzword.
Associated HTML code should only be used to enhance the graphical display of the Ad and/or link to the advertiser's web site, contact, or other resources. Code should be executable by the majority of Internet browsers.
Term of this agreement:
The term of this agreement begins upon receipt of payment as set forth in Neuraxiom Advertisement rate card by Neuraxiom LLC from the advertiser. Agreement periods will be full calendar months regardless of number of days in the month.
Payment is due for Advertisements Advertisement placement in a given month, three days before the first day of that month. Payment of fees received after the first of the month will be for Ad placement in the month following payment receipt, unless a separate agreement between Neuraxiom and advertiser is reached specifying another arrangement.
Renewal of this agreement is made on a month-to-month basis and may be canceled or not renewed at any time for any reason by either Neuraxiom LLC or Advertiser without penalties.
Rights and responsibilities:
Neuraxiom LLC will maintain a managed web site presence on the World Wide Web (WWW) with content related to ultrasound and anesthesia subjects. Upon payment of fees and execution of this agreement, Neuraxiom LLC will display an Ad submitted by the advertiser and approved for use by Neuraxiom LLC as set forth below, for the number of months for which prepayment of fees had been made.
Advertiser will prepay applicable fees and submit an Ad acceptable in size and content by Neuraxiom LLC.
Neuraxiom LLC has the right to refuse to accept an Ad for placement at any time, for any reason. Advertiser may cancel this agreement and have its Ad withdrawn from display on the site at any time and for any reason. Advertiser may choose not to renew the Ad placement and cancel the agreement by simply not prepaying the agreed fee for continuing the Ad placement for the following month.
Management of Neuraxiom Ad Spaces:
At this time Neuraxiom.com will only be allotting Ad Space on the Neuraxiom web site's left vertical side. Space for Ads will be made along the left-hand vertical master border which will appear on every page of the web site in the same order.
Ad space allotment will occur from the top to the bottom of the left-hand vertical border of the pages based on the initial date and time of execution of this agreement with the receipt of payment for the Ad. (if two payments arrive on the same day, the earlier previous contact will decide placement priority, if no other previous contact had occurred placement of the Ads will be made in an arbitrary fashion by the decision of Neuraxiom LLC)
After the initial placement and assignment of the advertiser's Ad in the and space column, the advertisers that it will remain in the same assigned position as long as prepayment is received by Neuraxiom LLC never ties are you placement of lease three days before the month display.
If payment of applicable Ad placement fee (see rate card) is not received by Neuraxiom LLC at least three (3) days before the first day of the month, the agreement for the Ad placement will be assumed to be canceled the Ad will be removed and all other Ads below the canceled Ad will be moved up their vertical Ad space column to fill the space.
Reinstatement of the agreement a later date will place the Ad at the bottom of the available Ad space column.
Prepayment of more than one month fees will assure the advertiser that the Ad they place will at least maintain its relative position. (Although it could rise in the column if some higher placed Ad cancels).
The Neuraxiom.com web site and its content are and remain the property of Neuraxiom LLC and Neuraxiom LLC alone maintains editorial control of the site and its content. Materials, illustrations and content of Neuraxiom.com are the property of Neuraxiom LLC unless otherwise noted and remain so before during and after the termination of his agreement. The advertiser gains no extraordinary rights to the property of Neuraxiom LLC by execution of this agreement.
Acceptance of an Advertisement for display by Neuraxiom LLC does not mean and shouldn't be construed to imply that Neuraxiom LLC will actively market or promote sales of the advertiser's product or branding.
Any referrals to or recommendations of the advertiser's company or product, should this occur, by Neuraxiom LLC are made by Neuraxiom LLC as it sees fit and will be based on reasons Neuraxiom LLC deems to be good and sufficient in and of themselves.
The advertiser is solely responsible for the content and truthfulness of their Ads, the actions of their company and the quality and consequences from the use of their products.
Acceptance of an Ad for placement by Neuraxiom LLC does not constitute an endorsement of the advertiser or their products. Placement of an Ad by the advertiser at Neuraxiom does not constitute an endorsement of Neuraxiom LLC or its web site or content by the advertiser.
Limitation of damages:
In no event will Neuraxiom LLC be liable to the advertiser for any special, incidental, or consequential damages, whether based on breach of this agreement, (including negligence), or otherwise, and whether or not Neuraxiom LLC had been advised of the possibility of such damage.
Force Majeure / Interruptions of service:
In case World Wide Web resources become unavailable at any level of structure and function due to circumstances beyond the control of Neuraxiom LLC, Neuraxiom LLC will be held harmless and will not be liable for any damages or restitution.
In the event that common sense fails, this agreement will be governed by and construed in accordance with the laws of the state or Washington.
Activation of this Agreement:
Payment of the applicable fee and providing the appropriate graphic file or link to a graphic file activates this agreement.