| 1. General. A deposit
must be submitted to PlanetHawaii.net in advance of
initial advertising date. By submitting advertising
for inclusion on PlanetHawaii.net, advertiser/agency
agrees to be bound by the terms of this contract. No
conditions other than those set forth herein shall
be binding on PlanetHawaii.net. This contract supersedes
any previous agreements between PlanetHawaii.net and
advertiser/agency relating to the subject matter set
forth herein. PlanetHawaii.net only obligation to serve
advertisements hereunder shall be to serve advertisements
of the advertiser described herein, and in no event
shall PlanetHawaii.net be obligated to serve advertisements
for any other advertiser.
2. Changes and Cancellations. Cancellations and
changes can be made via the advertiser login. PlanetHawaii.net
advertising specifications are accessible through
the advertiser login. PlanetHawaii.net reserves the
right to change any of its advertising specifications
at any time.
4. Delivery, Frequency and Makegood. All figures
relating to the number of advertisements served as
determined by PlanetHawaii.net shall govern, regardless
of whether advertiser/agency is using the services
of a third party ad server. If PlanetHawaii.net fails
to provide the guaranteed number of impressions,
PlanetHawaii.net will make good on this contract.
6. Key Words and Phrases. PlanetHawaii.net offers
no exclusivity on keywords or phrases. Each advertiser
will be given ranking positions based upon the bid
they enter on keywords/phrases.
8. Rejections. PlanetHawaii.net reserves the right,
without liability, to reject, omit or exclude any
advertisement or to reject or terminate any links,
buttons, boxes or banners for any reason at any time,
with or without notice to the advertiser/agency,
and whether or not such advertisement, link, button,
box or banner was previously acknowledged, accepted,
or published.
9. Licenses and Indemnification. Advertiser/agency
grants PlanetHawaii.net the right to use, reproduce,
publicly display and distribute advertiser's advertisments
and collateral information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency
represents that the advertiser is the owner or is
licensed to use the entire contents and subject matter
contained in its advertisements 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 PlanetHawaii.net.
In addition, advertiser/agency represents that the
advertiser's advertisements and collateral information
do not violate any applicable local, state or federal
law or regulation. In consideration of PlanetHawaii.net
acceptance of such advertisements and information
for publication, the advertiser and agency will jointly
and severally indemnify and hold harmless PlanetHawaii.net
and its officers, directors, shareholders, employees,
accountants, attorneys, agents, parent, 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 covenants, representations and warranties
made therein, (ii) PlanetHawaii.net performance under
this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's/agency's
advertisements or collateral information by PlanetHawaii.net.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES
WILL PlanetHawaii.net 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 PlanetHawaii.net HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES
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