Advertising Agreement shall be referred to herein collectively as the “Agreement”. Maine Niche.com shall be referred to herein as “Maine Niche”. Maine Niche shall be the sole and final arbitrator whether or not any advertising material is appropriate for inclusion within Maine Niche. As used in this Agreement, the term “Advertiser” shall refer to the ads provided by the advertiser, as well as any text included thereon.
Maine Niche makes no warranties, express or implied, other than those presented in this Agreement. Maine Niche reserves the right to refuse any advertisement for any reason. Maine Niche reserves the right to discontinue online advertisements solely within the discretion of Maine Niche.
TERMS AND BILLING
Maine Niche will begin set-up of the service upon customer’s review and acceptance of this online Advertising Agreement; also, we require half of the amount due at the onset of set-up and the remainder due prior placement of ad within Maine Niche. Upon accepting the Agreement, it is asked that the Advertiser register to establish a Login Account. In the event of changes to your Account, the Advertiser shall be responsible to promptly notify Maine Niche in writing, by email of any changes in Advertiser’s Account information.
We require half of the amount due at the onset of set-up and the remainder due prior placement of ad within Maine Niche. All fees are subject to change without notice.
Method of Payment
Payments may be made by using PayPal for specified services. We also accept checks and money orders; however, services will not be started until checks have cleared.
In the event the Advertiser shall be granted credit with Maine Niche, the Advertiser agrees that if payments are delinquent for advertisements and/or the account is referred to an attorney for collection, the Advertiser will be liable for payment of all court costs, expenses and reasonable attorney fees incurred in the collection of said account.
Method of Collection
There is a $35.00 service charge for each returned check. There is a $40 collection fee for each item charged back. Accounts that are delinquent may have their services terminated without notice.
WARRANTIES AND LIMITATIONS OF LIABILITY
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, (2) any claims or misrepresentations made via the Advertisement, and/or (3) any material to which users can link through the Advertisement.
Advertiser represents and warrants that: (1) the material provided to Maine Niche is original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all rights, permission and licenses necessary for Maine Niche to use the material in the preparation of Advertiser’s ad and in any other printed matter prepared by Maine Niche in the normal course of business; (2) the use, reproduction, distribution or transmission of Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violation of any anti-discrimination law or regulation.
Advertiser agrees to indemnify and hold Maine Niche from any and all liability, loss damages, claims, or causes of action, and/or third party claims, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties, including reasonable fees and expenses.
IN NO EVENT WILL MAINE NICHE BE LIABLE TO ADVERTISER FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MAINE NICHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATION TO AGREEMENT
The Advertiser agrees, during the period of this Agreement, that Maine Niche may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on notification to the Advertiser by e-mail or regular mail.
Maine Niche reserves the right to discontinue online advertisements in the event that Maine Niche has received more than one unresolved complaint, or for any other reasonable grounds, is solely within the discretion of Maine Niche.
Either party for any reason upon a 15-day notice may terminate this Agreement at any time of this Agreement via e-mail or U.S.P.S. mail (except for acceptable use violations, such as outstanding balance). There is no partial refund/reimbursement for any part of the remaining term for Maine Niche service.
Maine Niche will make every effort to stop displaying online ad immediately upon receipt of such notice. The Advertiser agrees that by cancelling the Agreement, it forfeits all fees paid in advance.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained electronic confirmation of delivery. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notification to us shall be sent to:
Millinocket, ME 04462
And, in the case of notification to you it shall be to the address specified in our records as your “Account information.”
NOTE: Please read, understand and agree to the Advertising Agreement. By use of our services and/or the use of our e-mail services you hereby agree to the terms and conditions set forth within the agreement.
I agree with the above conditions of this Advertising Agreement.
Please CLICK HERE to send an e-mail confirming your acceptance.