is highly sensitive information about the state of online
advertising and marketing. But be forewarned: Once you know, you
Did you know the Internet is the fastest
growing medium in history? From 0 to 50 million viewers in 5 years.
Did you know the user population will surge
again this year from nearly 50 million to more than 63 million...to
nearly 100 million by the turn of the past millennium?
Leading interactive marketers, both brands
with an established online presence and the growing numbers of
newcomers to the Net, have made their imperatives clear.
Reach: Big reach against your key
consumer and business targets. Efficient reach, too. You don't just
Relevance: Content that fits your
message like a glove. Content that doesn't just deliver eyeballs,
but the right eyeballs. Eyeballs that belong to people interested in
ArabBay.com delivers, pure and simple. As the Web evolves into a
mainstream medium, marketers want performance, not promises.
Consistently higher click-throughs and e-commerce that really sells.
Reach Relevance: Results. The "3Rs"
of online marketing. One site goes farther than any other - search
engines, directories, content sites and commerce sites alike - to
give you all three.
Standard Advertising Terms and Conditions
By submitting advertising for
publication within the Services, each advertiser and advertising
agency agrees the following standard advertising terms and
General: A signed contract
must be submitted to ArabBay.com five days in advance of
initial publication date. By submitting advertising for
inclusion on the ArabBay.com site, advertiser/agency agrees to
be bound by the terms of this contract. No conditions other than
those set forth herein shall be binding on ArabBay.com unless
specifically agreed to in writing by ArabBay.com. ArabBay.com will not be bound by conditions printed or appearing on
order blanks or copy instructions submitted by or on behalf of
the advertiser/agency. This contract supersedes all terms and
conditions on ArabBay.com's rate cards.
All artwork must be received at least five days in advance of
publication date. Cancellations or copy changes will not be
accepted after the published closing date of the update to the ArabBay.com site. Changes to artwork must be received by
ArabBay.com at least three days in advance of requested change
date. Any cancellations or change orders must be made in writing
and acknowledged by ArabBay.com. Change orders cannot be
submitted any more frequently than once every fourteen days.
This contract may be canceled by ArabBay.com or
advertiser/agency on 30 days notice to the other party.
Payment: Unless otherwise
agreed in writing, payments due ArabBay.com are 50% of first
month's fees when the contract is executed by the
advertiser/agency and 50% upon publication. If payment is not
made timely, ArabBay.com at its option, may terminate the
contract. In addition, advertiser/agency shall be liable to ArabBay.com for all attorney's fees and other costs of
collection. ArabBay.com shall have the right to hold the
advertiser and/or its agency or agent jointly and severally
liable for all amounts due.
If ArabBay.com fails to provide the guaranteed number of
impressions, ArabBay.com will make good on this contract by
providing advertiser with additional impressions. ArabBay.com
will not make good for under-delivery due to delays caused by
advertiser/agency. Advertiser/agency understands that all
frequency discounts are based on the advertiser's/agency's
commitment to fulfilling the frequency indicated in the
contract. If, for any reason, this frequency is not met by the
time of expiration or cancellation of the contract,
advertiser/agency agrees to pay a short rate charge on all ads
run. This charge will be equal to the difference between the
rate shown in the contract and the rate earned based on the
applicable rate card for the actual frequency completed. ArabBay.com will provide daily online traffic reports. These reports
will be deleted 90 days after the campaign ends.
Per Impression Contracts. At the expiration of a contract
for a guaranteed number of impressions, provided the contract is
for a length of time 180 days or longer, advertiser/agency has
the right to renew the contract for the same number of
impressions for a second contract period identical in duration
to the first. The purchase price for a second contract period
will be determined by ArabBay.com's then current rate card. (b)
Notice of Renewal. In order to exercise the right of
renewal, advertiser/agency must notify ArabBay.com in writing
30 days before the termination date of this contract that the
advertiser/agency is purchasing the same contract for the second
contract period. Failure to give timely notice will result in
forfeiture of the right to renew.
Indemnification: The advertiser/agency represents that the
advertiser is the owner or is licensed to use the entire
contents and subject matter contained in its advertising and
collateral information, including, without limitation, (a) the
names and/or pictures of persons; (b) any copyrighted material,
trademarks and/or depictions of trademarked goods or services;
and (c) any testimonials or endorsements contained in any
advertisement submitted to ArabBay.com. In consideration of ArabBay.com's acceptance of such advertisements and
information for publication, the advertiser and agency will
jointly and severally indemnify and hold ArabBay.com harmless
against all loss, liability, damage and expense of any nature
(including attorney's fees) arising out of the copying,
printing, distributing, or publishing of advertiser's/agency's
advertisements. If advertiser possesses any preexisting
copyright interests in the advertisements, advertiser grants ArabBay.com the right to use, reproduce, and distribute the
reserves the right, without liability, to reject, omit or
exclude any advertisement or to reject or terminate any links
for any reason at any time, with or without notice to the
advertiser/agency, and whether or not such advertisement or link
was previously acknowledged, accepted, or published.
ArabBay.com shall not be liable for any errors in content or
omissions. Should an error appear in an advertisement, ArabBay.com's liability will be limited to the cost of the
advertisement (prorated for the publishing completed). ArabBay.com will not be liable for any delays in delivery and/or
non-delivery in the event of an act of God, action by any
government entity, transportation, strike, network difficulties,
electronic malfunction, etc. or any feasibility, reliability, or
effectiveness related to the ArabBay.com site. ArabBay.com
does not represent or warrant that the ArabBay.com site will
meet the objectives or needs of advertiser/agency or any third
party. In no event will ArabBay.com be liable for any failure,
disruption, downtime, interruption, miscalculation, delay,
inaccuracy, or any other nonperformance related to the ArabBay.com site.
UNDER NO CIRCUMSTANCES
WILL ArabBay.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST
INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, EVEN IF ArabBay.com HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES.
Choice of Law and
This contract shall be interpreted and construed in accordance
with the laws of the Commonwealth of California, without regard
to its conflicts of laws provision, and with the same force and
effect as if fully executed and performed therein. Each party
hereby consents to the personal jurisdiction of the Commonwealth
acknowledges that venue is proper in any state or Federal court
in the Commonwealth of California, agrees that any action
related to this Agreement must be brought in a state or Federal
court in the Commonwealth of California,
and waives any objection that may exist, now or in the future,
with respect to any of the foregoing.
contract cannot be sold, assigned or transferred by
advertiser/agency to any party. If any portion of the contract
is found unenforceable for any reason, the remainder will remain
in full force and effect. No waiver by ArabBay.com shall
operate as a waiver of any other provision or any subsequent
default. These terms represent the entire agreement of the
parties; ArabBay.com will not be bound by the representations
of any agents, brokers, or other third parties Any modifications
must be in writing and signed by an authorized representative of
NOTE: If you need any
help, please do not hesitate to contact us via email at: firstname.lastname@example.org,
or simply, you
may fill out the feedback form and submit
it to us.