Advertiser (hereinafter to mean Advertiser and/or Agency) will supply CDC Gaming with image or images suitable by file type, size, scale and content for this display.
In all cases, ail proposed advertising is subject to the approval of CDC Gaming. CDC Gaming reserves the right at any time (either before or after submission of creative) to censor, reject or withdraw any advertising copy under this Contract.
Advertiser further warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. The Advertiser agrees to defend, indemnify and hold CDC Gaming harmless from all claims, loss, liability, judgment, costs and attorneys’ fees incurred by CDC Gaming arising out of, or related to, the character, contents and subject matter of any copy displayed pursuant to this Contract.
Unless otherwise agreed to in writing, Advertiser’s delay in providing CDC Gaming suitable images will not stall or interrupt billing or forgive Advertiser’s financial responsibility stated in the terms of this contract, regardless if Advertiser’s message is displayed.
Upon Advertiser’s request, confirmation of first publishing date will be sent with the initial invoice; proof of performance photos will not be provided.
If CDC Gaming is prevented from publishing the advertising contracted for by causes beyond its control of any nature, including but not limited to acts of God, strikes, work stoppages, or internet stoppages, government regulations, warnings, or interruptions, in the event of damage or destruction of any of part of its website, or in the event CDC Gaming is unable to deliver any portion of the service required in this contract, including repair, or maintenance, this contract shall not terminate.
Net cash payment is required prior to start of display period. All contracts with a period of thirty (30) days or less shall require payment in full prior to the contracted Start Date. All contracts are non-cancelable by Advertiser. In event of default of payment by advertiser, CDC Gaming reserves the right to cease advertising placement and support until remedy without extending the length of the contract.
CDC Gaming reserves the right to observe holidays and non-publishing days: Holiday publishing schedule — CDC Gaming This schedule does not modify, alter, or offer cause for credits to be issued to the Advertiser and are acceptable as reasonable business practices.
In the event of default by CDC Gaming, Advertiser shall notice any such default and allow CDC Gaming a reasonable amount of time to cure such default, which in no event will be less than Thirty (30) days. Waiver by CDC Gaming of any breach of any provision or conduct of Advertiser shall not constitute a waiver of any other breach of that provision or any other provision.
