General Sponsorship Conditions

General Terms and Conditions

All Rate Card rates are gross. A 10% commission on gross rates is paid to recognized advertising agencies. HealthyPlace.com reserves the right to amend rate card prices at any time. Signed contracts received by HealthyPlace.com prior to the effective date of new rate card pricing will be rate protected through the end date of the contract. Acceptance of sponsorship and advertising programs are subject to space availability upon receipt of signed contract or insertion order by HealthyPlace.com.

Online advertisements are accepted upon the representation that advertiser and its agency have the right to publish and display the contents thereof. In consideration of such online publication and display, advertiser and its agency agree to indemnify and hold HealthyPlace.com harmless against any expense or loss by reason of any claims arising out of online publication and display. Customer represents and warrants to HealthyPlace.com that:

customer has, or shall obtain, at its sole cost and expense, all rights, licenses, waivers, permissions, credits or attribution necessary for use of all marketing materials (banners, buttons, links, content, etc.) and publishing, transmitting and distributing the marketing material via the Internet;
the marketing materials shall contain accurate information which does not defame any person or constitute an actual or alleged violation of the rights of privacy or publicity of any person; and
the marketing material and the publication, distribution and transmission thereof will not infringe any copyright, patent, trademark, trade secret or any other right of any third party.

Positioning of marketing materials/advertisements is at the discretion of HealthyPlace.com except where a request for a specific position is acknowledged by HealthyPlace.com in writing. Material must be received in writing. Material must be received by material closing date, otherwise position may be lost, or requested sponsorship level may be reduced.

HealthyPlace.com may use prior marketing/advertising material if new material is not received two days before a program is scheduled to renew.

Cancellation Policy

All contents of sponsorships/advertisements are subject to HealthyPlace.com's approval. HealthyPlace.com reserves the right to reject or cancel any sponsorship/advertisement, insertion order, space reservation or position commitment at any time. All insertion orders are accepted subject to provisions of the current rate card.

Programs canceled more than 14 days before the scheduled start date of a program are subject to a 10% cancellation fee. Programs canceled less than 14 days before the scheduled start date of a program are subject to a 25% cancellation fee. A program can be postponed or suspended by a customer for a maximum of seven days. After seven days, all applicable cancellation fees or shortrates will apply.

After a program has started, cancellation notices are accepted with two weeks written notice. Advertisers will be rebilled for all sponsorship time delivered through effective end date; if appropriate, shortrates will apply. Shortrates will be based upon the difference between Rate Card prices, the actual advertising level and the contracted rate, including any frequency or volume discounts.

Other Conditions

Agencies or direct customers may not resell purchased inventory without the express written permission of HealthyPlace.com. Violation of this policy will be considered a breach of contract and result in immediate termination of this contract.

HealthyPlace.com shall not be liable for any costs or damages if for any reason it fails to electronically publish and display an advertisement. In no event shall HealthyPlace.com be liable for any damages, consequential or otherwise, in excess of the amount paid for the sponsorship/advertisement, as a result of any mistake in the advertisement, omission from or error in any index, or for any other reason.

HealthyPlace.com shall reserve the right to hold sponsor/advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to HealthyPlace.com for advertising which advertiser or its agent ordered and which advertising was published and displayed.

No conditions other than those set forth in the rate card shall be binding on HealthyPlace.com unless specifically agreed in writing by HealthyPlace.com. HealthyPlace.com will not be bound by conditions printed or appearing on order blanks or copy instructions which conflict with the provisions of the rate card.

Payment in full is due within 30 days of the date of invoice, which shall be sent on or about the live date of customer's program. If payment in full is not made within 30 days of the invoice date, a one-time late fee of 5% will be assessed and interest shall accrue on any unpaid balance from the date of invoice at 1% per month.

HealthyPlace.com shall have the right to terminate this contract immediately in the event that customer fails to pay within the specified time any invoice submitted under this contract or upon ten (10) days written notice to customer in the event of any other breach of this agreement by customer.

Upon any termination of this contract, customer shall immediately pay any fees previously incurred under this contract.

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