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$250 per month Dive edition advertising

$250 per month Dive edition advertising

$250.00

WE PROVIDE

Inclusion of one image advert, copy and link, in an email to our dive edition database each month. 

YOU PROVIDE

ARTWORK - by the LAST DAY of the previous month, send us

  • At least 1,200 x 600px 72dpi.
  • Maximum 100 words on a deal or new development or product
  • URL to link directly to a page on your website for call to action 

(if you don't send us this, we will use the previous month's information again). 

PRODUCT - offer us two things each year to give away (these can be relatively low value branded prizes) and we will include these in one of our competitions, giving you more brand exposure. 

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By buying this advertising, you are agreeing to the following terms and conditions.

Terms and Conditions-Internet Advertising Agreement (Listings)

THIS ONLINE ADVERTISING AGREEMENT (the "Agreement") is made between Wildiaries (trading as AES Applied Ecology Solutions Pty Ltd (“Wildiaries”)) and you ("Advertiser"). In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows:

1

Advertising. Wildiaries shall use its diligent efforts to provide the Internet-related advertising. Any advertising submitted by Advertiser must be in form and substance acceptable to Wildiaries.

2

Payment. Advertiser shall pay the fee due and payable as indicated herein.

3

Indemnity. Advertiser shall at all times defend, indemnify and hold harmless Wildiaries and its officers, directors, shareholders, employees, accountants, attorneys, agents, 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 the content of Advertiser's advertisements served by Wildiaries pursuant to this Agreement and/or any materials to which users can link through those advertisements.

4

Limitation of Liability .

(a)

UNDER NO CIRCUMSTANCES SHALL WILDIARIES BE LIABLE TO ADVERTISER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

(b)

WILDIARIES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, SUITABILITY, COMPLIANCE WITH LAWS, QUALITY, OR OTHERWISE, WITH RESPECT TO THE BIRD-O WEB SITE.

(c)

IN NO EVENT SHALL WILDIARIES BE LIABLE IN ANY WAY FOR AN AMOUNT GREATER THAN THE PAYMENT OWED TO WILDIARIES UNDER SECTION 2 ABOVE.

(d)

WILDIARIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION 4.

5

Intellectual Property Rights. Neither party will acquire any ownership interest in each other's intellectual property. Wildiaries shall have the right to place Advertiser's logo, tradename and trademark on any advertising from Advertiser and to otherwise use such items in connection with the purposes of this Agreement.

8

Force Majeure. Neither Wildiaries nor Advertiser shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, Internet interruption, government acts, and other similar events.

9

Miscellaneous. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein. This Agreement may not be modified or amended, except by an instrument in writing signed by duly authorised officers of both of the parties hereto. This Agreement may be executed in counterparts each of which shall be deemed an original and all such counterparts shall constitute one and the same agreement. This Agreement will be deemed entered into in Victoria and will be governed by and interpreted in accordance with the laws of the State of Victoria, excluding that body of law known as conflicts of law. The parties agree that any dispute arising under this Agreement will be resolved solely through confidential binding arbitration in Melbourne, Australia. In the event of any dispute, each party shall bear its own legal fees, expert witness fees, and arbitrator fees. The provisions of this Agreement relating to payment of any fees or other amounts owed, indemnification, confidentiality, limitations of liability and intellectual property shall survive any termination or expiration of this Agreement. The terms of this Agreement are the confidential information of Wildiaries. The language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party.

 



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