Advertising Agreement

This is a legal and binding agreement between G.J.(Joe)Fyvie. 16103-98 Street, Edmonton, Alberta, T5X 4Y6, Canada and you, the Advertiser, for G.J. Fyvie to show the Advertiser’s ad banners where G.J. Fyvie manages all or part of the advertising space for the term of the Advertising Agreement.

For this agreement to become effective the Advertiser’s submission of payment must be

  • made through PayPal or by Mail and
  • payment for the agreed upon amount must have been received and/or processed by PayPal or G.J. Fyvie
  • G.J. Fyvie - makes no warranties, expressed or implied, other than those presented in this agreement.

    Contract provisions

    Acceptance

    G.J. Fyvie - reserves the right to refuse any advertising for any reason including but not limited to:
    ad materials from ad banners to web pages not deemed appropriate for the targeted audience.
    G.J. Fyvie is the sole and final arbitrator deciding whether or not advertising material is appropriate.

    Click-through-rates (percentage of click-throughs per exposure) can not and will not be guaranteed.

    Rates

    Advertsing fees are as posted in the Advertising area on cardsforfun.com at http://www.cardsforfun.com/advertisinginfo.html. These rates may be changed from time to time and will not effect previously placed orders.

    Guaranteed exposure

    G.J. Fyvie guarantees to the Advertiser that their ad(s) will be placed in such a way so that exposure will be achieved in the ordered timeframe if no external interference such as war, revolution, natural or man-made disasters, acts of God or other third party intervention, including but not limited to newsworthy events that change public perception of a product or service, interferes with the planned promotion.

    Advertiser internet presence and content

    Advertiser agrees to maintain a web site or email address for the purpose of linking from their ad(s). Failure by the advertiser to provide this internet presence, beyond normally acceptable outages and down time, will result in the posting of an alternate counter page and re-routing of the banner links to this counter page. It is the Advertisier's responsibility to submit a suitable alternative counter page if they expect noticable outages at their main site.

    Truth in advertising / indemnification for liability

    The Advertiser is solely responsible for any legal liability arising out of or relating to the Advertisement and/or any material to which users can link through the Advertisement. The Advertiser represents and warrants that the Advertisement and Link comply with our advertising standards; and that the Advertiser holds the necessary rights to permit the use of the Advertisement and links that will be placed on the site on the Advertiser's behalf.

    The Advertiser warrants that the use, reproduction, distribution, or transmission of the Advertisement for the purpose of this Agreement 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, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify G.J. Fyvie and to hold him harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by him arising out of or related to a breach of any of the foregoing representations and warranties or any other dispute or claim which may arise in relation to advertising or promotional efforts by him on the Advertisers behalf, irregradless of whether such dispute may be due to the success or the lack of such in any promotional effort. The Advertiser agrees to request that G.J. Fyvie be listed as an additional insured on any policy issued to the Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.

    The Advertiser agrees that while G.J.Fyvie will attempt to place the Advertisers ads to produce optimal response, G.J.Fyvie can not and will not assume any responsibility or make any guarantees that the site will not have breakdowns, outages or malfunctions or intrusion related sabotage.

    The Advertiser further agrees that G.J.Fyvie only place the ads on behalf of the Advertiser and can not assume any responibility for quantity or quality of response to the placed advertisements, and that G.J.Fyvie will not get involved in any dispute between any responder and the Advertiser, however in a case where G.J.Fyvie considers the advertised content to be misleading or that the Advertiser may not be able to deliver on it's promises, then the Advertiser hereby grants G.J.Fyvie the rights to discontinue such contentious ads with prior warning to the Advertiser when such prior warning is possible or to discontinue any contentious ads when G.J.Fyvie deem such discontinuation may protect the Advertiser and/or G.J. Fyvie from harm, legal action or negative publicity.

    Advertiser's "home site" content

    The Advertiser agrees to present content via its internet presence deemed appropriate for general viewing by anyone including minors. Content such as pornographic and graphically or verbally explicit materials dealing with sexual or violent subject matter; promotion of fraudulent offers of goods or services; or any content which may bring G.J.Fyvie or sites owned and operated by G.J.Fyvie negative publicity, is expressly prohibited and will result in Punitive Cancellation of the contract (Cancellation Without Refund).

    Topic switching

    The Advertiser agrees that they are fully aware that changing the topic of the advertisement during an advertising contract is not allowed and WILL result in Punitive Cancellation (Cancellation Without Refund). The Advertiser agrees to contact G.J. Fyvie prior to making any changes with regard to advertising content and both parties must agree upon the proposed changes before they are implemented. Failure to do this will result in Punitive Cancellation (Cancellation Without Refund.)

    Payment

    All Advertising Orders must be paid in full in US currency prior to the placing of ads or before the 1st business day of any month if the order is per standing order.

    Advertiser cancellation

    The Advertiser may cancel the contract at any time with 10 days written notice delivered to G.J.Fyvie via email, or mail. Upon cancellation, G.J.Fyvie will make every effort to stop showing the Advertiser’s ads. Upon cancellation, the Advertiser agrees to forfeit all fees up to and including the month for which the cancellation is effective.

    By SUBMITTING payment the person(s) ordering and /or reserving advertising agree to abide by the above terms and conditions.


    Contact G.J.(Joe)Fyvie at: joe@cardsforfun.com
    Fax Number Is Available On Request.
    Phone: 780-456-2544
    Mailing Address: 16103-98 Street, Edmonton, Alberta, Canada, T5X 4Y6