PrimusLabs’electronic commerce advertising order (ECAO) provided by Primus Laboratories, Primus Laboratorios de Mexico S. de R.L. de C.V. and the terms and conditions set forth the entire understanding and agreement of the parties with regards to advertising and placing publicity on PrimusLabs’ web site and overwrites or supersede any previous oral or written agreements and understandings between the parties as to the advertising. The ECOA must be filled out completely, signed and delivered to PrimusLabs 20 days before the campaign start date. Banners will meet PrimusLabs technical specifications and will be for the use on the web site. The parties may agree to change the terms and conditions, but only if in writing and signed by the parties involved.
For the time or term of advertising campaign with PrimusLabs the advertiser, herein referred to as client, will grant PrimusLabs, herein referred to as provider, a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, display, transfer and display advertiser’s trademarks in connection with marketing, promotion, content directories, electronic printing materials, electronic copies or hard printed copies, publicity, press releases, newsletters, and mailings about PrimusLabs or its web site.
PrimusLabs will provide its web site and all services performed hereunder "AS IS" and without any warranty of any kind or implied. PrimusLabs does not guarantee continuous or uninterrupted display or distribution of the advertising. In the event of interrupted service of distribution or electronic advertising, PrimusLabs’ only obligation will be to restore service as soon as reasonably possible.
PrimusLabs reserves the right to refuse sponsorship request or to cancel the clients that do not comply with the obligations set forth in the contract. PrimusLabs does not accept requests to sponsor clients selling products or services related to pornography, alcohol, illegal drugs or gambling.
The Client is solely responsible for any legal costs arising out of or referring to the advertisement and any material which users can link to through the advertisement. The clients represent and warrants that no add will:
The clients agrees to defend, indemnity, and holds harmless PrimusLabs, Primus Laboratories or Primus Laboratories of Mexico and its directors, clients, agents and employees, for any or all losses, costs, liabilities and expenses (Including without limitation, reasonable attorney’s expenses and expert witnesses’ fees incurred).
In no event shall PrimusLabs be liable for any special, direct or indirect, incidental or consequential damages (including but not limited to such damages arising from breach of contract, warranty, negligence, product liability, interrupted communications, loss of data, lost profits arising out of or in connection with, the aforementioned agreement. Under no circumstances shall PrimusLabs (server provider) be responsible for the loss of profits due to the loss of equipment.
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