SINOMANIA! ADVERTISING TERMS & CONDITIONS
- Display of Advertising Material
Legal Terms and Conditions
- Each of the properties
described in the insertion order (collectively with these Standard
Terms and Conditions, the “Insertion Order”) is the standard
narrow-band U.S. version of such property. The websites, properties
and products or services owned, operated, distributed or ad-served
by Sinomania.com are herein referred to as "SINOMANIA!".
- SINOMANIA! may redesign
SINOMANIA! in its sole
discretion at any time. If any redesign materially and adversely
affects the placement of one or more advertisements, or if SINOMANIA!
is otherwise unable to display such advertisements, SINOMANIA!
will work with Advertiser to display the affected advertisements
elsewhere in comparable areas of
- The advertising inventory
under this Insertion Order is for use solely by Advertiser and
may not be used by any third-party unless otherwise agreed to.
- Any guarantees are to
duration of the ad run (as measured by SINOMANIA! in accordance
with its standard methodologies and protocols), not impression-based
- If there is a shortfall
due to any web server downtime, SINOMANIA! will provide, as
Advertiser’s sole remedy, “make good” dates of comparable placements,
to be delivered no later than sixty (60) days following the
expiration of the purchased ad duration.
- Advertiser must provide
all necessary artwork and active URLs to SINOMANIA! at the time
of purchase or no later than 24 hours prior to the start of
the ad duration term scheduled.
- SINOMANIA! will be entitled
to reject or discontinue advertisements at any time. In such
event, Advertiser will be responsible for only a pro-rata portion
of payments due hereunder, based on number of days the ad was
delivered at SINOMANIA!.
- Advertiser may serve
advertisements through a third-party ad serving system (in areas
of the SINOMANIA! where
such option is available.
- Advertiser shall bear
full responsibility for all products or services offered, sold
or licensed through the advertisements or the Advertiser’s website(s).
Advertiser will collect and pay all taxes related to the sale
or licensing of such products or services.
- License and Warranties,
Advertiser certifies that it has all necessary rights and permissions
to offer, sell and/or license such products and services through
the advertisements and the Advertiser’s website(s), and that
the advertisements and the Advertiser’s website do not and will
not violate any applicable laws or regulations or any third-party
- SINOMANIA! Trademarks.
Advertiser shall not use, display or modify SINOMANIA!'s trademarks
in any manner without the prior written consent of SINOMANIA!.
- Limitation of Liability;
Disclaimer; Indemnification. (A) Except in connection
with the confidentiality, solicitation, tax and indemnity provisions
herein, damages under this agreement shall be limited to direct
damages, not to exceed the amount to be paid by Advertiser hereunder.
(B) SINOMANIA! does not make and specifically disclaims any
representations or warranties, express or implied. (C) Each
party (‘indemnifying party’) hereby agrees to indemnify, defend
and hold harmless the other party and the officers, directors,
agents, affiliates, distributors, franchises and employees of
the other party from and against all claims, actions, liabilities,
losses, expenses, damages and costs (including, without limitation,
reasonable attorneys' fees) that may at any time be incurred
by any of them by reason of any claims, suits or proceedings
arising out of any material breach by indemnifying party of
any duty, representation or warranty under this Insertion Order.
parties will keep the existence and terms of this Insertion Order
confidential and neither party will publish any press release
related hereto without the prior written consent of the other
- Advertiser shall not
send unsolicited, commercial email or other online communication
(e.g., "spam") through or into SINOMANIA!.
- Advertiser shall ensure
that any collection, use and disclosure of information obtained
from SINOMANIA! users under this Insertion Order complies with
all applicable laws, regulations and privacy policies.
- Either party may terminate
this Insertion Order in the event of a material breach of this
Insertion Order by the other party, which remains uncured after
thirty (30) days written notice thereof. In addition, SINOMANIA!
may terminate this Insertion Order upon a material breach by
Advertiser of any other agreement between the parties which
is not cured within cure period set forth in such agreement.
If SINOMANIA! terminates this Insertion Order due to Advertiser's
material breach of any requirement of this Insertion Order or
of any other written agreement with SINOMANIA!, all of Advertiser’s
payment obligations hereunder shall survive such termination.
If Advertiser terminates this Insertion Order due to SINOMANIA!’s
material breach of this Insertion Order, Advertiser will be
responsible only for any Pro-Rata Payments.
- SINOMANIA! may terminate
this Insertion Order at any time for any reason upon thirty
(30) days written notice to Advertiser (or upon such shorter
notice as may be designated by SINOMANIA! in the event that
SINOMANIA! believes in good faith that further display of the
advertisements will expose SINOMANIA!
to liability or other adverse consequences). In such
event, Advertiser will be responsible only for any Pro-Rata
- This Insertion Order
sets forth the entire agreement between Advertiser and SINOMANIA!
with respect to the transactions set forth herein, and supersedes
any and all prior agreements of SINOMANIA! or Advertiser with
respect to such transactions. If an advertising agency signs
this Insertion Order on behalf of Advertiser, the agency thereby
represents and warrants that it has full authority to bind Advertiser
to the terms of this Insertion Order and that it will ensure
that Advertiser complies with all such terms.
- In the event of an assignment,
this Insertion Order shall be fully binding upon, inure to the
benefit of and be enforceable by the parties hereto and their
respective successors and assigns.
- This Insertion Order
shall be interpreted, construed and enforced in accordance with
the laws of the State of California, except for its conflicts
of laws principles. Advertiser hereby irrevocably consents to
the exclusive jurisdiction of the courts of the State of California
and the federal courts situated in the State of California in
connection with any action arising under this Insertion Order.