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| Advertising Contract Agreement
Mountain Vacation Resorts' number one priority is your satisfaction; therefore it is important to make clear our understandings with one another. The following are the terms of our agreement together. 1. Authorization: The above-named Client (hereafter 'The Client') is engaging Mountain Vacation Resorts as an independent contractor for the specified project of promoting The Client's mountain resort at www.mountainvacationresorts.com. The Client hereby authorizes Mountain Vacation Resorts to use images from The Client's website for the express purpose of promoting and/or advertising The Client's website and resort. 2. Standard Promotion Package Elements: 3. Special instructions: The space below describes any changes the Client desires from the services outlined above. 4. Payment: Fees to Mountain Vacation Resorts are due and payable on the following schedule: 50% down upon signing this contract, 50% when the advertisement page has been constructed according to the Client's original written specifications. All payments will be made in US funds. 5. Completion Date: Mountain Vacation Resorts and the Client must work together to complete the advertisement site in a timely manner. We agree to work expeditiously to complete the advertisement no later than _______________________________________. 6. Changes to Submitted Text: Time required to make substantive changes to text submitted by Client after the Web pages have been constructed will be billed at the hourly rate of $25.00. 7. Legalities: Mountain Vacation Resorts does not warrant that the traffic referred from these advertisement pages will meet the Client's expectations. In no event will Mountain Vacation Resorts be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the availability of www.mountainvacationresorts.com, even if Mountain Vacation Resorts has been advised of the possibility of such damages. 8. Copyrights and Trademarks: The Client represents to Mountain Vacation Resorts and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mountain Vacation Resorts for insertion in advertisement pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mountain Vacation Resorts from any claim or suit arising from the use of such elements furnished by the Client. 9. Copyright to Web Pages: All rights owned by Mountain Vacation Resorts as to the design, graphics, and text in this Web site are assigned to the Client. Copyright to the finished collection of Web pages produced by Mountain Vacation Resorts is owned by Mountain Vacation Resorts. 10. Payment of Fees: In order for Mountain Vacation Resorts to remain in business, payments must be made promptly. Delinquent bills will be assessed a $20.00 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. Mountain Vacation Resorts reserves the right to remove advertisement pages from viewing on www.mountainvacationresorts.com until final payment is made. In case collection proves necessary, the Client agrees to pay all the fees incurred by that process. This agreement becomes effective only when signed by The Client and Mountain Vacation Resorts. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Sevierville, Sevier County, Tennessee and any dispute will be litigated or arbitrated in Sevierville, Sevier County, Tennessee. Please pay on time. 11. Sole Agreement: The agreement contained in this "Advertising Contract" constitutes the sole agreement between Mountain Vacation Resorts and the Client regarding this Advertisement Page. 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. Continued services after that time will require a new agreement. 12. Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Design Essentials and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce. 13. Initial Payment and Refund Policy: This agreement begins with an initial payment of $______________. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. |
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