HarborCountry.com
Advertising Agreement

PARTIES: Pursuant to this binding agreement HarborCountry.com of 115 South Eagle Street, New Buffalo, MI 49117, and ________________________________ of ________________, “Advertiser” shall pay to HarborCountry.com $ __________ net thirty (30) days after receipt of invoice, and HarborCountry.com shall reserve __________ weeks of guaranteed “Advertising Space” from the Advertising “Start Date” of ________ on the “HarborCountry.com Web server.”

DEFINITIONS:
“Advertiser” parties include: Authorized Advertising Agent, and/or representative.

“Advertising Space” means one Advertisement, stored on (or off) the “HarborCountry.com Web server,” with a defined “Start Date.” An Advertisement with “Link(s)” to other advertisements are charged per Advertisement. “Advertising Space” may be linked by a “Advertising Listing,” a “Hot Spot,” or a Classified Ad.

“Hot Spot” banner means the graphic file supplied by an “Advertiser” which can be selected by a user as a “Link.” These “Hot Spots” are positioned in the Harbor Country Welcome Site for high visibility.

“Link” means a request for information from an outside server or another location on the HarborCountry.com Web server.

“Business Listing” means an “Advertisers” Business Listing in the Harbor Country – Business Guide with a user selectable “Link” to the Sponsor’s “Advertising Space.” Follow this link... to a definition of “Business Listing.”

“Start Date” means the first day the HarborCountry.com Web server will display the Advertisement.

“HarborCountry.com Web server” means a server computer of HarborCountry.com that users may access via the Internet with the URL of “www.harborcountry.com.”

“Usage Statistics” means a set of numbers compiled by HarborCountry.com and reported to “Advertiser” at the end of the advertising term (unless separately requested for a different period).

PAYMENT: HarborCountry.com reserves the right to hold “Advertiser” and/or Authorized Advertiser Representative liable for any and all amounts owed. Sites with “Link(s)” to other advertisements are charged per advertisement. Prices are valid for the entire advertising term. Current prices are subject to change without notice.

RIGHT TO CHANGE SITE CONTENT: HarborCountry.com reserves the right to make changes to the Harbor Country Welcome Site content and appearance at any time without notice to “Advertiser.”

RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: HarborCountry.com reserves the right to refuse and/or cancel any advertisement or “Hot Spot” banner that does not completely conform to every detail, instruction, method, and guideline set in the Technical Specifications which can be found on the Harbor Country Welcome Site. HarborCountry.com further reserves the right to refuse and/or delay any advertisement graphic that does not arrive seven days before the “Start Date.” HarborCountry.com does not accept advertising from companies that produce or provide pornographic products or services (which HarborCountry.com 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 HarborCountry.com immediately if “Advertiser” fails to disclose (or conceals or misrepresents) any involvement with pornographic products or services. HarborCountry.com reserves the right to refuse and/or cancel advertisement in its sole discretion.

USAGE STATISTICS: HarborCountry.com makes no guarantee as to the veracity of usage statistics. HarborCountry.com shall not be held liable for any claims costs and/or damages as they relate to said usage statistics. HarborCountry.com provides “Advertisers” with “Usage Statistics” as a courtesy only and “Advertisers” rely upon the “Usage Statistics” at their own risk.

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(s)” comply with HarborCountry.com advertising standards; and that “Advertiser” holds the necessary rights to permit the use of the Advertisement and “Link(s)” by HarborCountry.com for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal or civil 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 anti discrimination law or regulation, or any other right of any person or entity. “Advertiser” agrees to absolutely indemnify HarborCountry.com and to hold HarborCountry.com harmless from any and all liability, loss, damages, claims, or causes of action, including actual and reasonable attorney fees and expenses that may be incurred by HarborCountry.com, arising out of or related to “Advertiser’s” breach of any of the foregoing representations and warranties.

LIMITATION ON DAMAGES: In no event will HarborCountry.com be liable to “Advertiser” beyond the cost of the “Advertising space” for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not HarborCountry.com has been advised of the possibility of such damage.

ASSIGNMENT: “Advertiser” may not assign this agreement, in whole or in part, without HarborCountry.com 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 HarborCountry.com 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. The parties agree that a fax signature and/or modification of this Agreement shall be deemed valid and binding upon the parties as if the original signatures and/or modifications were present on the Agreement in the holding of each party. Neither party shall assert the Statue of Fra--- or non-enforcing of the Agreement because fax copies are used and “Advertiser” specifically waives and relinquishes any such defense. “Advertiser” agrees to provide an original signed Agreement to HarborCountry.com upon request.

____________________________
Authorized Advertiser Representative

____________________________
Date

Please e-mail all advertising graphics to stc@harborcountry.com. Please see the Technical Specifications for advertising graphics information.

Upon completion of this Agreement and Insertion Order, please sign and mail to Soft Touch Creations, 115 S Eagle St, New Buffalo, MI 49117