Advertising Agreement

 

Shop The First Coast reserves the right, at its sole discretion, to modify advertising space as the business requires. Advertising policies may change at any time as deemed necessary by Shop The First Coast. ​

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Definition of Parties

The Advertising Agreement (The "Agreement") is made between Shop The First Coast ("Publisher") and the advertiser ("Advertiser"). Advertising on this Website constitutes acceptance of the following Terms and Conditions. Each advertising application will be manually reviewed. 

To be approved, it must satisfy the following requirements:

All application information must be accurate and verifiable.

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Ads cannot contain any of the following:

1. Inappropriate or offensive images.

2. Any profane or inappropriate language.

3. References to illegal drugs or drug paraphernalia.

4. Violent or hateful content.

5. Anything that references illegal content or promotion thereof.

6. Any insulting references to religious, ethnic, or racial background or culture.

​ Payment.

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Advertiser shall pay the established fee set forth to Publisher due and payable prior to an Ad being placed on Shopthefirstcoast.com. Each year, the Publisher has the right to a reasonable increase in advertising rates based on established value. Contracts are for One Year except when otherwise agreed upon in writing.

 

Indemnity

​Advertiser shall at all times indemnify and hold harmless Publisher and its officers, shareholders, employees, accountants, attorneys, subsidiaries and successors 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 Publisher pursuant to this Agreement and/or any materials to which users can link through those advertisements.

 

Limitation of Liability

Under no circumstances shall “Publisher” be liable to “Advertiser” or any Third Party for indirect, incidental, consequential, 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, lost business, loss of anticipated profits, or liabilities to third parties arising from any source.

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Pictures and Images

The “Publisher” provides pictures, text, and other advertising media and images as provided and approved by the “Advertiser”. Any misuse of such pictures, text, media, or images is the sole responsibility of the advertiser and the "Advertiser” shall be fully responsible for any legal action if content was improperly used/misused. As such, the “Publisher” shall disclaim and be held harmless in regard to any illegal action of such “Advertiser”.

 

​In no event shall “Advertiser” be liable in any way for an amount greater than the Payment/amount owed to the Publisher” as set forth in the fee schedule.

 

The “Publisher” would not have entered into this agreement but for the limitations and conditions contained in this section (4).

 

1. Intellectual Property Rights.

Neither party will acquire any ownership interest in each other's intellectual property.

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2. Force Majeure.

Neither Publisher 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, labor shortage or dispute, Internet interruption, government acts, and other similar events.

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3. Contract.

This Agreement (Contract) 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 authorized officers of both of the parties hereto. This Agreement may be executed in counterparts of which each shall be deemed an original and all such counterparts shall constitute one and the same agreement. This Agreement will be deemed entered into in Jacksonville Florida, USA and will be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that any dispute arising under this Agreement will be resolved solely through confidential binding arbitration in the State of Florida before one arbitrator selected by the American Arbitration Association in accordance with its rules. In the event of any dispute, each party shall bear its own attorney’s fees, expert witness fees, and 1/2 of the 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 language in this Agreement shall be construed as to its fair meaning and not strictly for or against either party.

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4. Modification of Advertising Space.

Shopthefirstcoast.com reserves the right, at its sole discretion, to modify advertising space as the business requires. Advertising policies may change at any time as deemed necessary by the Publisher.

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​5. Term/ Termination

The term of this Agreement will begin upon the Publisher accepting your paid ad and will end when the contract has been satisfied. Contracts are for six (6) months unless otherwise agreed upon in writing.

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6. Relationship of Parties

Shopthefirstcoast.com and the Advertiser are independent, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

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7. Non - Assignment and Successors

You may not transfer this Agreement to any other party, nor shall any other companies receive advertising in the Advertiser’s ads without the Publisher's prior written consent.

 

8. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. We shall not be liable hereunder by reason of any failure or delay in the performance of our obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, acts of war, acts of terrorism, governmental action, or any other cause that is beyond our reasonable control.

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By submitting payment the Advertiser agrees to the Terms and Conditions as set forth above.

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