Bar Sponsor Terms of Service
This Advertising Agreement (this "Agreement”) is made by and between Mt. Diablo Business Women (“MDBW”), and the person or entity indicated on Schedule A as Advertiser (“Advertiser”).
WHEREAS, MDBW is a non-profit organization that maintains a website that is viewed by its members and the general public; and WHEREAS, Advertiser is a member of MDBW who wishes to advertise on the website;
NOW, THEREFORE, in consideration of the terms and conditions hereinafter provided, MDBW and Advertiser hereby agree to be bound as follows:
1. Advertisement Terms
MDBW will publish Advertiser’s business card as an advertisement for Advertiser on its website. Advertiser will provide MDBW an electronic file in jpg format of the business card for the advertisement. The advertisement shall be published for the term and price indicated in the attached Schedule of Terms, which is hereby incorporated herein. MDBW will not be responsible for failure to publish timely any advertisement that it does not actually receive prior to thirty days before the beginning date for the advertisement specified in the Schedule of Terms.
Payment for advertising shall be made in full in advance by check payable to MDBW.
This Agreement may be terminated by MDBW at any time for any reason, provided, however, that MDBW will promptly pay Advertiser a prorated refund for any advertisements not published. This Agreement may not be terminated by Advertiser.
4. Advertiser Representations
Advertiser represents as follows:
a. Advertiser is conducting the advertised business lawfully and has obtained all necessary permits and licenses necessary to do so.
b. Advertiser’s use of the advertisement hereunder will not infringe upon any intellectual property or other rights of anyone and Advertiser is legally permitted and authorized to use the advertisement hereunder.
5. Waivers and Acknowledgments
a. MDBW will make its best effort to publish the advertisement by the specified beginning date, however MDBW agrees only to publish the advertisement for the specified term and makes no representation as to the exact date that the advertisement will appear on its website.
b. The layout and all other aspects of the contents of the website are within the sole discretion of MDBW. Advertiser shall not be able to specify the look of a page or a position on a page for the advertisement.
c. Advertiser recognizes and acknowledges that only members in good standing whose membership dues are paid in full may advertise.
6. Remedies and Indemnification
a. Advertiser’s remedy for any breach hereof or any damages connected with the advertisement hereunder shall be limited to the amount paid to MDBW hereunder.
b. Advertiser agrees that the representations made in paragraph 4 hereof shall be ongoing and further agrees that Advertiser will indemnify and hold harmless MDBW for any damages, including attorney fees, incurred as a result of Advertiser’s misrepresentation, whether knowing or otherwise, at any time with regard to the subjects in paragraph 4.
a. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and cancels all prior contracts, if any.
b. This Agreement may not be assigned by Advertiser without the express written consent of MDBW.
c. This Agreement may be modified or amended only by a writing signed by both parties.
d. In the event any part of this Agreement is held invalid, the remaining portions of this Agreement shall remain in full force and effect.
e. This Agreement shall be governed by the laws of the State of California. Any action to enforce the terms hereof shall be pursued in the courts of the State of California and the parties hereby submit to the jurisdiction thereof.
f. The prevailing party in any action to enforce this Agreement or any term hereof shall be entitled to recover from the other party all of its costs, including attorney fees.