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Advertising
Advertising packages start as low as $500./ year.
To receive additional advertising information, email us or
call: 518-425-0320.
SuperDirectories, Inc. Advertising Terms and Conditions
1. General. A signed contract must be submitted to SuperDirectories, Inc. five days in
advance of initial publication date. By submitting advertising for inclusion on
SuperDirectories site, advertiser/agency agrees to be bound by the terms of this
contract. No conditions other than those set forth herein shall be binding on
SuperDirectories, Inc. unless specifically agreed to in writing by SuperDirectories, Inc.
SuperDirectories, Inc. will not be bound by conditions printed or appearing on order
blanks or copy instructions submitted by or on behalf of the advertiser/agency. This
contract supersedes all terms and conditions on SuperDirectories, Inc. rate cards, and
any previous agreements betweenSuperDirectories, Inc. and advertiser/agency relating to the
subject matter set forth herein.SuperDirectories, Inc. only obligation to serve
advertisements hereunder shall be to serve advertisements of the advertiser
described herein, and in no event shall SuperDirectories, Inc. be obligated to serve
advertisements for any other advertiser.
2. Changes and Cancellations. All artwork must be received at least five days in
advance of publication date. Cancellations or copy changes will not be accepted
after the published closing date of the update to the SuperDirectories site on which
the advertising is to run. Changes to artwork must be received by SuperDirectories, Inc.
at least five days in advance of requested change date. SuperDirectories’ ad banner
specifications are accessible through the URL adreporting.
superdirectories.com/spec.html: SuperDirectories, Inc. reserves the right to change
any of its ad banner specifications at any time. Any cancellations or change orders
must be made in writing and acknowledged by SuperDirectories, Inc. Change orders
cannot be submitted any more frequently than once every fourteen days. This
contract may be canceled or changed (i) by SuperDirectories, Inc. at any time for any or
no reason without notice, or (ii) by advertiser/agency on 30 days written notice to
SuperDirectories, Inc.
3. Payment. Unless otherwise agreed in writing, the first month's fees are due
upon the execution of this contract by the advertiser/agency and, thereafter, pro
rata monthly in advance. If payment is not made timely, SuperDirectories, Inc., at its
option, may immediately terminate the contract. In addition, advertiser/agency
shall be liable to SuperDirectories, Inc. for all attorney's fees and other costs of collection.
Interest will accrue on any past due amounts at the rate of the greater of one and
one-half (1 1/2%) percent per month or the lawful maximum.SuperDirectories, Inc. shall
have the right to hold the advertiser and/or its agency or agent jointly and severally
liable for all amounts due.
4. Delivery, Frequency and Makegood. All figures relating to the number of
advertisements served as determined by SuperDirectories, Inc. shall govern, regardless
of whether advertiser/agency is using the services of a third party ad server. If
SuperDirectories, Inc. fails to provide the guaranteed number of impressions, SuperDirectories, Inc. will make good on this contract as described below. SuperDirectories, Inc. will not make good for under-delivery due to delays caused by advertiser/agency.
Advertiser/agency understands that all frequency discounts are based on the
advertiser's/agency's commitment to fulfilling the frequency indicated in the
contract. If, for any reason, this frequency is not met by the time of expiration or
cancellation of the contract, advertiser/agency agrees to pay a short rate charge on
all ads run. This charge will be equal to the difference between the rate shown in
the contract and the rate earned based on the applicable rate card for the actual
frequency completed.
5. Exclusivity Key Word/Phrase Contracts. The estimated number of
impressions and the per impression charge for a contract for the exclusive right to a
key word/phrase will be determined at the time the contract is signed.
Advertiser/agency agrees to pay, on a per impression basis, for any increase in
impressions (calculated on a monthly basis) up to and including twice the number
of impressions estimated at the time the contract is signed.
6. Key Words and Phrases. Each advertiser may be given a "first right" to its
exact company name and trademarks for keyword/phrase advertising. LukeSmart,
Inc. may pre-empt an existing key word/phrase advertiser by submitting a
three-month advertising contract. The existing contract-holder for the key
word/phrase will be provided with a two-week notification of preemption and will
receive a comparable number of impressions for any unfulfilled number of
guaranteed impressions. If two or more advertisers have the same name or
trademark, the allocation will be on a first-come basis and the existing contract will
take precedence.
7. Redesigning of the SuperDirectories Site. Advertiser/agency acknowledges
that, consistent with SuperDirectories, Inc. need for editorial discretion, SuperDirectories, Inc.
may redesign, delete or replace the pages on which the impressions will be
displayed or may redesign or replace the type of links, buttons, boxes and banners
purchased by advertiser/agency; provided, that SuperDirectories, Inc. will use good faith
efforts to provide advertiser/agency with comparable links, buttons, boxes and
banners on any re-designed or replacement pages.
8. Rejections.SuperDirectories, Inc. reserves the right, without liability, to reject, omit
or exclude any advertisement or to reject or terminate any links for any reason at
any time, with or without notice to the advertiser/agency, and whether or not such
advertisement or link was previously acknowledged, accepted, or published.
9. Licenses and Indemnification. Advertiser/agency represents that the
advertiser is the owner or is licensed to use the entire contents and subject matter
contained in its advertising and collateral information, including, without limitation,
(a) the names and/or pictures of persons; (b) any copyrighted material,
trademarks, service marks, logos, and/or depictions of trademarked or service
marked goods or services; and (c) any testimonials or endorsements contained in
any advertisement submitted to SuperDirectories, Inc. In consideration of SuperDirectories, Inc. acceptance of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify and hold harmless
SuperDirectories, Inc. and its officers, directors, shareholders, employees, accountants,
attorneys, agents, affiliates, subsidiaries, successors and assigns from and against
any and all third party claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to: (i)
advertiser/agency's breach of any representations made therein, (ii) SuperDirectories, Inc. performance under this contract, and (iii) the copying, printing, distributing, or
publishing of advertiser's/agency's advertisements by SuperDirectories, Inc.
Advertiser/agency grants SuperDirectories, Inc. the right to use, reproduce, publicly
display, and distribute the advertisements and warrants that advertiser/agency has
the right to grant such license.
10. Limitation of Liability. In the event (i) SuperDirectories, Inc. fails to publish an
advertisement in accordance with the schedule provided in the Insertion Order, (ii)
SuperDirectories, Inc. fails to deliver the number of total impressions specified in the
Insertion order (if any) by the end of the specified period, or (iii) of any other
failure, technical of otherwise, of such advertisement to appear as provided in the
Insertion Order, the sole liability of SuperDirectories, Inc. to advertiser/agency shall be
limited to, at SuperDirectories, Inc. sole discretion, a pro rata refund of the advertising
fee representing undelivered impressions, placement of the advertisement at a later
time in a comparable position, or extension of the term of the Insertion Order until
total impressions are delivered. UNDER NO CIRCUMSTANCES WILL SuperDirectories, Inc.
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN
ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF SuperDirectories,Inc. HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
11. Choice of Law and Forum. This contract shall be interpreted and construed in
accordance with the laws of the Commonwealth of Massachusetts, without regard to
its conflicts of laws provision, and with the same force and effect as if fully executed
and performed therein. Each party hereby consents to the exclusive personal
jurisdiction of the Commonwealth of Massachusetts, acknowledges that venue is
proper only in any state or Federal court in the Commonwealth of Massachusetts,
agrees that any action related to this contract must be brought in a state or Federal
court in the Commonwealth of Massachusetts, and waives any objection that may
exist, now or in the future, with respect to any of the foregoing.
12. Credit Cards. In the event that advertiser/agency pays any amounts due
hereunder with a credit card and the issuer of the credit card fails to pay the
amounts authorized by advertiser/agency, advertiser/agency shall immediately
remit full payment to SuperDirectories, Inc. plus any interest due on the outstanding amounts. In
addition, if advertiser/agency pays any amounts due hereunder with a credit card
and the issuer of the credit card seeks to recover from SuperDirectories, Inc.any amounts
received by SuperDirectories, Inc. from the issuer, advertiser/agency shall immediately remit
to SuperDirectories, Inc. all amounts necessary to comply with the issuer's request and any
costs and expenses incurred by SuperDirectories, Inc.
13. Miscellaneous. No public statements concerning the existence or terms of this
contract will be made or released to any medium except with the prior approval of
both parties or as required by law. Advertiser/agency may not resell, assign or
transfer any of its rights hereunder, and any attempt to resell, assign or transfer
such rights shall result in immediate termination of this contract, without liability to
SuperDirectories, Inc. If any portion of the contract is found unenforceable for any
reason, the reminder will remain in full force and effect. No waiver by SuperDirectories, Inc.. shall operate as a waiver of any other provision or any subsequent default. This
document represents the entire agreement of the parties; SuperDirectories, Inc. will not
be bound by the representations of any agents, brokers, or other third parties. Any
modifications must be in writing and signed by an authorized representative of
SuperDirectories, Inc.
The undersigned is legally empowered with due corporate authority to enter into
this contract and agrees to be bound by the Terms and Conditions of this contract.
Advertiser or Agency SuperDirectories, Inc.
Signature: ____________________ _________________________
Date: ________________ _________________
Insertion Order # __________ Revision Number: _______
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