| Standard Advertising Terms and Conditions |
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By submitting advertising for inclusion on the vlifestyle web site
("vlifestyle"), each advertiser and advertising agency agrees to the
following standard advertising terms and conditions:
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1) General
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A signed contract must be submitted to vlifestyle five (5) days in
advance of the initial publication date. Upon signing and submitting
the advertising contract, the advertiser/agency agrees to be bound by
the terms of this contract.
No conditions other than those set forth herein shall be binding on
vlifestyle unless specifically agreed to in writing by vlifestyle.
vlifestyle will not be bound by conditions printed or appearing on
order blanks or copy instructions submitted by or on behalf of the
advertiser/agency.
This contract supersedes all terms and conditions on vlifestyle's
rate cards and any previous agreements between vlifestyle and
advertiser/agency.
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2) Licenses and Indemnification
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The advertiser/agency represents that the advertiser is the owner or
is licensed to use the entire contents and subject matter contained in
its advertising and collateral information, including, without
limitation
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the names and/or pictures of persons
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any copyrighted material, trademarks, service marks, logos,
and/or depictions of trademarked or service marked goods or
services
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any testimonials or endorsements contained in any advertisement
submitted to vlifestyle
In consideration of vlifestyle's acceptance of such advertisements
and information for publication, the advertiser and agency will jointly
and severally indemnify and hold vlifestyle harmless against all loss,
liability, damage and expense of any nature (including legal fees)
arising out of vlifestyle's performance under this contract or the
copying, printing, distributing, or publishing of advertiser's/
agency's advertisements, advertiser grants vlifestyle the right to use,
reproduce, and distribute the advertisements.
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3) Misleading Advertisement
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The advertiser / agency shall not include any advertising on
vlifestyle web page that is misleading, unfair or deceptive
All advertising on the vlifestyle shall comply with all applicable
laws and regulations. The advertiser / advertising agency shall
indemnify vlifestyle and hold vlifestyle against all loss, liability,
damage and expense of any nature (including legal fees) arising out of
the advertiser / advertising agency's breach of this clause.
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4) Choice of Law and Forum
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This contract shall be interpreted and construed in accordance with
the laws of the Republic of Singapore and each party hereby submits to
the non-exclusive jurisdiction of the Singapore courts.
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5) Payment
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Unless otherwise agreed in writing, fifty per cent (50%) of total
contract amount are due upon the execution of this contract by the
advertiser/agency and, thereafter, pro rata monthly in advance. If
payment is not made timely, vlifestyle at its option, may immediately
terminate the contract.
In addition, advertiser/agency shall be liable to vlifestyle for all
solicitors' costs and other costs of collection. Interest will accrue
on any past due amounts at the rate of one per cent (1%) per month,
but not in excess of the lawful maximum.
vlifestyle shall have the right to hold the advertiser and/or its
agency or agent jointly and severally liable for all amount due.
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6) Credit Cards
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In the event that advertiser/agency pays any amounts due hereunder
with a credit card and the issuer of the credit card fails to pay the
amounts authorised by advertiser/agency, advertiser/agency shall
immediately remit full payment to vlifestyle plus any interest due on
the outstanding amounts.
In addition, if advertiser/agency pays any amounts due hereunder with
a credit card and the issuer of the credit card seeks to recover from
vlifestyle any amounts received by vlifestyle from the issuer,
advertiser/agency shall immediately remit to vlifestyle all amounts
necessary to comply with the issuer's request and any costs and
expenses incurred by vlifestyle.
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7) Frequency and Discount
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If vlifestyle fails to provide the guaranteed number of impressions,
vlifestyle will make good on this contract by providing advertiser
with additional impressions.
vlifestyle will not make good for under-delivery due to delays caused
by advertiser/agency. Advertiser/agency understands that all frequency
discounts are based on the advertiser's/agency's commitment to
fulfilling the frequency indicated in the contract.
If, for any reason, this frequency is not met by the time of
expiration or cancellation of the contract, advertiser/agency agrees
to pay a short rate charge on all ads run.
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8) Limitation of Liability
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vlifestyle shall not be liable for any errors in content or omissions.
Should an error appear in an advertisement, vlifestyle's liability
will be limited to the cost of the advertisement ¾ pro-rated for the
publishing completed.
vlifestyle will not be liable for any delays in delivery and/or
non-delivery in the event of an act of God, action by any government
entity, transportation, strike, network difficulties, electronic
malfunction, etc. or any feasibility, reliability, or effectiveness
related to the vlifestyle web site.
vlifestyle does not represent or warrant that the vlifestyle web site
will meet the objectives or needs of advertiser/agency or any third
party. In no event will vlifestyle be liable for any failure,
disruption, downtime, interruption, miscalculation, delay, inaccuracy,
or other non-performance related to the vlifestyle site.
Under no circumstances will vlifestyle be liable for any special,
indirect, incidental or consequential damages, including, without
limitation, for lost income or profits, in any way arising out of or
related to this contract, even if vlifestyle had been advised as to the
possibility of such damages.
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9) Changes and Cancellations
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All artwork must be received at least five (5) days in advance of
publication date. Cancellations or copy changes will not be accepted
after the published closing date of the update to vlifestyle web site.
Changes to artwork must be received by vlifestyle at least five (5)
days in advance of requested change date.
vlifestyle reserves the right to change any of its ad banner
specifications at any time. Any cancellations or change orders must be
made in writing and acknowledged by vlifestyle.
Change orders cannot be submitted any more frequently than once every
fourteen (14) days. This contract may be cancelled or changed by
vlifestyle, or advertiser/agency on thirty (30) days written notice to
the other party.
vlifestyle may immediately terminate this contract if any change
occurs in any applicable laws or regulations that would, in
vlifestyle's reasonable opinion, render vlifestyle performance
hereunder illegal or otherwise subject to legal challenge.
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10) Rejections
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vlifestyle reserves the right, without liability, to reject, omit or
exclude any advertisement or to reject or terminate any links for any
reason at any time, with or without notice to the advertiser/agency,
and whether or not such advertisement or link was previously
acknowledged, accepted, or published.
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11) Miscellaneous
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No public statements concerning the existence or terms of this
contract will be made or released to any medium except with the prior
approval of both parties or as required by law.
This contract cannot be sold, assigned or transferred by
advertiser/agency to any party. If any portion of the contract is
found unenforceable for any reason, the remainder will remain in full
force and effect. No waiver by vlifestyle shall operate as a waiver of
any other provision or any subsequent default.
This document represents the entire agreement of the parties -
vlifestyle will not be bound by the representations of any agents,
brokers, or other third parties. Any modifications must be in writing
and signed by an authorised representative of vlifestyle.
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