- ADVERTISING. The Advertiser shall purchase the advertising package at the rate listed and for the duration specified in the Agreement. All creative for advertising must be received four business days prior to the scheduled run date.
- ADVERTISING POSITIONING. Except as otherwise expressly provided in the Agreement, positioning of the advertisements in RAINNEWS.COM and in the RAIN NEWS daily e-mail, is at the sole discretion of RAIN Enterprises, LLC (herein “RAIN”). Advertiser acknowledges that RAIN has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in the Agreement.
- ACCEPTANCE OF ADVERTISEMENTS. RAIN Enterprises, LLC may, at its sole discretion, reject any advertisements.
- CANCELLATION. There are no cancellations once a campaign begins. A campaign can be postponed or suspended by an Advertiser for a maximum of 60 days. If campaign is postponed or suspended, RAIN cannot guarantee an exact duplication of the campaign, due to a potentially limited inventory.
- PAYMENT. Advertiser shall be invoiced at the end of each month for the advertising that ran for such month. The Advertiser shall make payment upon receipt of the RAIN invoice. Advertiser shall be billed In the event that the account becomes past due, in addition to such other remedies as it may have, RAIN shall be relieved of its obligation to perform the advertising services under this Contract and the full amount of the contract shall immediately become due and payable by Advertiser. The Advertiser must also reimburse RAIN for all expenses incurred in connection with the collection of amounts payable, including court costs and attorney’s fees.
- LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify RAIN from all claims, losses, judgments, and damages arising therefrom. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to acts of God, as well as other matters Advertiser might raise relevant to this contract, is limited to the amount charged to the Advertiser by RAIN for the applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the first occurrence.
- FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state or local governments, or other causes beyond its reasonable control.
- ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.