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MHM is the owner of the website ManufacturedHomesToday.com® (“MHT Website”). Advertiser wishes to advertise on the MHT Website in accordance with the terms and conditions of this Agreement. MHM agrees to display an Advertisement, Home Listings, and/or Platinum Plus Link for the Advertiser on the MHT Website according to the rate plan purchased by the Advertiser. If selected by the Advertiser, a link is provided from the Advertiser’s MHT advertisement to that same Advertiser’s website. The Advertiser is responsible to supply the information to MHT that will be displayed on the MHT Website. This information can include company name, contact, phone number, fax number, email address link, website address that links to Advertiser’s website, an area for detailed company description, a photo supplied by Advertiser, logo supplied by Advertiser, and a “Special offer” such as a coupon. MHT reserves the right to use ‘default/stock’ art if the Advertiser fails to supply their own graphics. Neither MHM nor its MHT Website is responsible or liable for misinformation, typographical errors, etc. herein contained. MHM reserves the right to reject any advertising copy at any time. MHM does not assume any liability for errors or omissions. All advertising on the MHT Website is subject to the federal fair housing act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination." This MHT Website will not knowingly accept any advertisement for real estate which is in violation of the law. Our readers are hereby informed that all dwellings advertised on the MHT Website are available on an equal opportunity basis. To complain of discrimination, call HUD toll free at 1-800-424-8590. Definitions: “Advertisement” means “Advertising Space”, “Home Listings”, and/or “Banner Ad”. “Advertising Space” means html page(s), stored and viewed on the MHT Website with a defined Start Date and End Date. “Banner Ad” means a small graphic that is viewed on a web page. It is linked to the Advertiser’s website or advertising page that provides more information about a product, service or event with a defined Start Date and End Date. The standard size is 120 pixels wide by 60 pixels high. It is rotated between a set number of other banner ads for a set amount of time so that all individual banners receive equal viewing time. “Link” means a request for information from a server other than the MHT Website’s server. “Platinum Plus Link” means a specially coded link, installed on the Advertiser’s website, with a defined Start Date and End Date that pulls home listing information from the MHT Website database and displays it, in a searchable database format, in a window on the Advertiser’s own website. The window will only display data that specifically pertains to that Advertiser, with no MHT Website branding or any indication that the data is provided via the MHT Website. “Start Date” means the first day the MHT Website will display an Advertisement, Home Listing, or implement the Platinum Plus Link. Advertiser’s billing date shall be defined as: For Advertisers who sign up online via credit card, the Advertiser’s billing date shall be every new quarter on the same day of the month as the user originally signed up. For Advertisers who are invoiced, the billing date is the date on the invoice sent out every quarter, which will be before the beginning of each new quarter. Contract Length and Cost: The Advertiser’s Advertisement, Home Listings, and/or the Platinum Plus Link shall be installed on the MHT Website for a period of at least 3 months. The Start Date of the Advertisement is the day the payment is received by MHM. Upon receipt of the required payment and acceptance of this Agreement by selecting the “I Agree” button at the end of this document, MHM shall guarantee the applicable months of Advertising Space and/or use of the Platinum Plus link on the Advertiser’s Website. All Advertising on the MHT Website is prepaid and the Advertiser’s information and links will be removed if the Advertiser’s prepayment for following pay period is not received as required. Renewal: If the Advertiser pays by credit card the Advertiser agrees the Advertiser’s credit card will be charged on the next due date automatically, until the Advertiser notifies MHM 5 days in advance of the next billing period in writing to cancel the account. Renewal is automatic when payment is received for the next billing period. The Advertiser must notify MHM if the Advertiser no longer wants to advertise on the MHT website. Payment: MHM reserves the right to hold Advertiser and its authorized advertising agent jointly and severally liable for any and all amounts owed. Advertiser's payment must be made in U.S. funds. Advertiser is responsible for the full Contract Amount if the Agreement is terminated for any reason. Right To Refuse Unacceptable Advertising: MHM reserves the right to refuse any Advertisement that does not completely conform to every detail, instruction, method, and guideline. MHM does not accept advertising from companies that produce or provide tobacco, alcohol, or pornographic products or services (which MHM shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies whose function is to improve acceptance of such products by the public. This Agreement is voidable by MHM immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with tobacco, alcohol, or pornographic products or services. In addition, MHM may in its complete discretion refuse the use of any other advertising that it deems appropriate. Usage Statistics: MHM MAKES NO GUARANTEE TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. MHM SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. MHM IS NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS. Truth In Advertising / Indemnification For Liability: Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with MHM's advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by MHM for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify MHM and to hold MHM harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by MHM, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties. Advertiser agrees to request that MHM be listed as an additional insured on any policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph. Limitation On Damages: IN NO EVENT WILL MHM BE LIABLE TO BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Assignment: Advertiser may not assign this Agreement, in whole or in part, without MHM's written consent. Any attempt to assign this Agreement without such consent will be null and void. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Michigan. Entire Agreement: This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by MHM's Pricing Information, whether printed on paper or electronically. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. Cancellation Terms: To cancel advertising on the MHT website, the Advertiser must notify MHM in writing before the next invoice payment is due. If the Advertiser does not cancel the account, the Advertiser is responsible for the Advertisement on the MHT website. |
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