These terms and conditions (the “Terms”) are entered into between IMC Digital Universe, Inc. (“TractorByNet”) and the Advertiser and/or Agency (“Customer”) for the purpose of advertising services on the TractorByNet website.
These Terms and Conditions, together with the relevant Advertising Insert Order / Media Plan, represent the entire agreement between TractorByNet and the Customer for the duration of the agreement.
If the Customer is an Agency, then the Agency represents and warrants that;Advertiser has authorized the Agency to enter into this Agreement on Advertiser’s behalf and to represent the Advertiser within the scope of this Agreement, and upon request provide TractorByNet an Agency of Record statement, and b. Advertiser agrees to be bound by the terms of this Agreement, including but not limited to paying TractorByNet for advertisements delivered pursuant to this Agreement and any corresponding advertising orders. These Terms shall be deemed incorporated by reference into any Advertising Order submitted by the Customer.
TractorByNet will bill Advertiser on a monthly basis for advertising specified in the Media Plan subject to these terms and conditions.
The Media Plan will be provided to the Customer via e-mail in conjunction with a payment link for advertising. Submitting payment shall constitute agreement with the Media Plan.
TractorByNet is not required to supply Advertising Services set out in Advertising Insert Order / Media Plan the Insertion Order until the Customer has submitted payment for advertising.
Advertising creative is to be supplied as per the TractorByNet specifications, which complies with the IAB standard sizes and will be provided to Customer by e-mail.
Advertising creative must be received by TractorByNet at least 3 business days prior to the advertising campaign start date. If Advertising Creative is received within 3 business days of the Customer’s Advertising campaign start date, the campaign start could be delayed.
TractorByNet does not accept any responsibility for errors in the advertising material that has been supplied by the Customer.
Customer grants TractorByNet a worldwide license to display all creative materials, Customer logos, and intellectual property necessary to deliver the advertising.
TractorByNet in its sole discretion will decide where on the TractorByNet website the Customer’s ads will appear.
TractorByNet guarantees to deliver at least the specified number of monthly ad impressions defined in the media plan as measured by TractorByNet’s advertising delivery service. In the event that TractorByNet fails to deliver the specified number of monthly ad impressions in a calendar month, the impressions will be added to the next month’s schedule. If after two months TractorByNet fails to deliver the total monthly ad impressions for those two months, TractorByNet will issue a pro-rated refund for the unserved impressions.
The Customer warrants that the advertising material supplied complies with all relevant laws and regulations and the publication of the Advertising Creative will not give rise to any claims or liabilities against TractorByNet, our publishers, directors, employees or agents.
TractorByNet may at its absolute discretion, refuse or withdraw any advertisement from the network without reason. If advertisements are refused, then no fees associated with the advertisement will be charged. TractorByNet reserves the right to refuse or withdraw Customer’s advertisement from publication at any time and issue a refund for unserved impressions that have been paid for by Customer.
Cancellation of any Advertising Insert Order / Media Plan by the Customer which have commenced must be received in writing by TractorByNet no less than 7 days before the commencement date for a 100% refund. Cancellations after this date will be subject to a minimum cancellation fee of 50% of the total cost of the entire campaign.
Cancellation after the first month of the Medi Plan by the Customer must be made with at least 14 days notice prior to the end of the current calendar month.
The Customer indemnifies TractorByNet; our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material on the TractorByNet.
Interest at the rate of 5% per month (calculated daily) will be accrued on all overdue invoices.
Advertising Insert Order / Media Plan can be signed in counterparts and via electronic methods such as Adobe Sign.
TractorByNet reserves the right to amend, vary, change, modify, add or remove all or any portion of these Terms in its sole and absolute discretion at any time and without prior notice.
These Terms are governed by the laws of the state of California, United States and the parties submit to the jurisdiction of the courts of that jurisdiction.
The failure of TractorByNet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or term.
If any provision of these Terms are unenforceable or held invalid, the remainder of these Terms shall continue in full force and effect.