TRUTH
IN ADVERTISING / INDEMNIFICATION FOR LIABILITY:
Advertiser is solely responsible for any legal liability
arising out of or relating to (1) the Advertisement, and/or
(2) any material to which users can link through the Advertisement.
Advertiser represents and warrants that the Advertisement
and Link comply with advertising standards; and that it
holds the necessary rights to permit the use of the Advertisement
and Link by the VENDOR for the purpose of this agreement;
and that the use, reproduction, distribution, or transmission
of the Advertisement 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 the VENDOR and to hold the
VENDOR harmless from any and all liability, loss, damages,
claims, or causes of action, including reasonable legal
fees and expenses that may be incurred by the VENDOR, arising
out of or related to Advertiser's breach of any of the foregoing
representations and warranties. Advertiser agrees to request
that VENDOR be listed as an additional insured on any policy
issued to Advertiser pursuant to which there could be coverage
for any of the forms of legal liability described in this
paragraph.
RIGHT
TO REFUSE UNACCEPTABLE ADVERTISING: VENDOR reserves
the right to refuse any advertisement or sponsorship banner
that does not completely conform to the details, methods
of submital, and guidelines set in the Ad Specifications
listed on the advertising mainpage. We reserve the right
to refuse any advertisement graphic that does not arrive
prior to any set start date. We do not accept advertising
from companies that produce or provide tobacco, or pornographic
products or services (which we shall have complete discretion
to define), or by such companies whose function is to promote
acceptance of such products by the public. We reserve the
right to refuse any advertisement that we feel is not appropriate
for this website (which we shall have complete discretion
to define) Any advertising agreement may be voided immediately
if Advertiser fails to disclose information in question,
or conceals or misrepresents the true nature of any advertisement.
ENTIRE
AGREEMENT: This Agreement is the complete and exclusive
agreement between the parties with respect to the subject
matter hereof, superseding and replacing any and all prior
agreements, communications, and understandings (both written
and oral) regarding such subject matter, provided that all
pricing will be governed by VENDOR, whether printed on paper
or electronically. The terms and conditions of this Agreement
will prevail over any contrary or inconsistent terms in
any purchase order. This Agreement may only be modified,
or any rights under it waived, by a written document executed
by both parties.
ADVERTISING
DEFINITIONS:
Advertising
Space - Defined location for a supplied banner
or graphic file supplied by an advertiser which can be
read by a user or visitor on a particular webpage.
Advertisement
- Supplied banner or graphic file supplied by an Advertiser
which can be read by a user or visitor on any particular
webpage.
Link
- Refers to a clickable graphic, word, title, or banner
that will re-direct the visitor to another web page or
web location.
Start
Date - The first day the advertisement will be
displayed.
Usage
Statistics - A set of numbers compiled by server
side software and reported on a periodic basis to Advertiser,
for the purpose of assessing visitor traffic.
CPM
stands for "cost per thousand impressions". For
example, an advertiser might pay $5 for every 1,000 times
an advertisement is displayed on a web site. Where did
the "m" come from in CPM? It's the symbol for
the Roman numeral 1,000.
Eastbay Garden Directory of San Francisco Bay
Area Gardens, Nurseries, Contractors, Landscaping Service Providers, Gardeners,
Designers, Material Suppliers, and Gardening events in California. Please
contact our advertising dept, if you offer commercial services relative
to the garden and landscape industry.