|
The following general terms and conditions govern the placement of advertising on the Indochinaholidaytravel.com site and affiliated sites (collectively, the "Website"), which are owned, operated or licensed by Indochina Holiday Travel Co., Ltd. We shall place advertiser's advertising which may consist of banners, pop-up windows, buttons, roadblocks, tickers, intermercials, incentives, sponsorships, as specified on the Insertion Order on the Website in accordance with the Insertion Order, these terms and conditions and such other specifications to be determined solely by Indochinaholidaytravel.com collectively, the "Agreement"). Advertiser hereby grants Indochina holiday travel .com a nonexclusive, worldwide license to use advertising on the Website pursuant to this agreement. Advertiser or its agency shall provide the advertising in a form and manner and pursuant to the schedule required by Indochinaholidaytravel.com.
Advertiser shall pay Indochinaholidaytravel.com within 45 days of the date of Indochinaholidaytravel.com's invoice. If advertiser fails to make timely payment of any invoice, we, in addition to other remedies, shall have the right to immediately remove any and all of advertiser's advertising from the Wesite without any obligation to advertiser. Advertiser cannot cancel or receive refunds for any advertising which have run or orders which have been placed without the written consent of Indochina holiday travel .com. Advertiser agrees that if advertiser cancels or changes its order as provided above, any discount granted may be rescinded or adjusted, and advertiser may be charged at the full card rate then in effect. It is understood that advertiser and its agency are jointly and severally liable for payment of invoices for advertising placed on the Website.
Advertiser shall be solely responsible for all costs it incurs in connection with this agreement, including, without limitation, expenses associated with creating, updating and delivering advertising to the Website and establishing and maintaining links between advertising and Websites and areas outside the Website (collectively, "Advertiser's Online Content"). Advertiser and its agency warrant and represent at all times that they own and/or have the right to permit the use of the advertising by Indochina holiday travel.com or its permitted assigns and licensees and that neither the advertising nor the Advertiser's Online Content will infringe the rights of any third party (including, without limitation, copyright, other intellectual property rights, privacy rights or publicity rights) or violate any foreign or domestic federal, state or local law or regulation. Advertiser agrees that it shall be solely responsible for any liability arising out of the advertising or Advertiser's Online Content. In furtherance of the foregoing, advertiser and its agency agree, jointly and severally, to indemnify, defend and hold Indochina holiday travel.com harmless from and against any losses, costs, damages or expenses (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with advertising or Advertiser's Online Content (including but not limited to claims arising from the sale of goods or services by advertiser) or advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy or publicity.
Indochinaholidaytravel.com shall have the right to approve the form and content of all advertising and no changes by advertisers shall be made to any advertising without Indochinaholidaytravel.com's prior written consent. We shall have the right to refuse to include in the Website, and to remove from the Website, without notice, any advertising that Indochina holiday travel.com determines does not meet Indochinaholidaytravel.com's standards or comply with the Insertion Order or any advertising linking to Advertiser's Web Content, which content or linking Indochina holiday travel.com deems unlawful or inappropriate in its sole discretion. If Indochinaholidaytravel.com does not perform its obligations hereunder, we shall determine, in its sole discretion, if advertiser shall be entitled to either "make-goods" or a pro-rata return of any monies paid to Indochinaholidaytravel.com.
Advertiser acknowledges and agrees that it shall not have the right to seek specific performance and if Indochinaholidaytravel.com determines that "make-goods" are unavailable to advertiser, the sole remedy available to advertiser shall be to seek a prorata return of any monies paid to Indochina holiday travel.com. We may use the advertiser's name (including, without limitation, any tradename, trademark, Website mark or logo of advertiser) and advertising to promote Indochinaholidaytravel.com and the Website in all media and to use information concerning impressions and users for Indochinaholidaytravel.com's own use and for use in connection with the Website, provided Indochinaholidaytravel.com does not reproduce advertising without advertiser's prior consent. Indochinaholidaytravel.com and advertiser agree that the compensation paid by advertiser or its agency hereunder shall be confidential.
Indochinaholidaytravel.com makes no warranties of any kind, whether express or implied, including, without limitation, any impleid warranty of merchantability or fitness of the website for a parculiar purpose including, without limitation, the type or number of website users. Indochina holiday travel.com shall not be liable for the content of any advertising on the website or the websites or pages linked to the website, nor for any loss, cost, damage or expense ( including counsel fees) incurred by advertiser or its agency in connection with the placement of advertising on the website, including without limitation, for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertiser’s advertising or advertiser’s web content. In no event shall Indochina holiday travel.com be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to this agreement even if such damages are foreseeable and whether or not Indochina holiday travel.com has been advised of the possibility thereof. In no event shall Indochina holiday travel.com’s liability exceed the total amount paid to Indochinaholidaytravel.com by advertiser or its agency hereunder.
Advertiser and its agency shall not have, nor claim, any right, title or interest in or to the Website or any elements thereof, the name Indochinaholidaytravel.com or any derivatives thereof, or any other trademarks and logos owned or controlled by Indochina holiday travel.com and made available through the Website or otherwise. Each party hereto shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other. Advertiser's placement of advertising on the Website shall constitute acceptance of this agreement. This agreement represents the entire understanding between Indochina holiday travel.com and advertiser and its agency regarding the placement of advertising on the Website and supersedes all prior agreements and any insertion orders, purchase orders, invoice statements or other documents submitted by advertiser or its agency regardless of when such documents are submitted. No waiver, modification or addition to this agreement shall be valid unless in writing signed by the parties. This agreement shall be governed by and construed in accordance with the substantive laws of the United-State and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in the federal and state courts within the country.
Contact us for more information by email: Info@indochinaholidaytravel.com or Cellphone (+844) 913377555 - (+844) 9335156 outside Vietnam or 0913377555 - (04): 9335156 inside Vietnam.
|