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Website advertising agreement

The provision of an advertisement (or a set of advertisements) for publication on website (or a network of websites) gives rise to various legal issues. The purpose of this website advertising agreement is to help the parties to deal with those issues.

The advertiser will want to know that the advertisements will be published as agreed. Moreover, the advertiser will want to ensure that the operator does not use the advertisements in any damaging way. To help with these issues, the agreement incorporates specific obligations relating to the publication of the advertisements and an express licence.

The website operator will want assurances that the publication of the advertising materials will not create any liabilities. The agreement includes a set of warranties and indemnities to provide comfort to the operator on this point.

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Website advertising agreement contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Advertisement Publication Services: obligation to provide advertisement publication services; availability of advertising platform and advertisements; FAOD exceptions to hosted services availability; suspension of advertisement publication services.
  4. Advertisements: obligation to supply advertisements; time for supply of advertisements; no liability where failure arises from breach of section by other party; licence of advertisements; warranties relating to advertisements.
  5. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  6. Charges: obligation to pay charges; amounts inclusive or exclusive of VAT; variation of charges.
  7. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  8. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  9. Indemnity: indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
  10. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  11. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  12. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  13. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  14. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  15. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  16. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Advertisement Publication Services particulars)

  1. Specification of Advertisement Publication Services: specification of advertisement publication services prompt.
  2. Financial provisions: financial provisions prompt.
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