Advertising Terms of Service

By accepting these legal terms the 3rd party advertiser acknowledges to be interested in entering into an arrangement with Bannerconnect regarding buying part of its inventory. The effective date of this collaboration will be the date of signup and accepting the legal terms.

The client accepting these terms and agreement by signing up to the Bannerconnect website will hereinafter be referred to as "Advertiser".

« Return Home

Scope and objectives of Collaboration

The scope of the collaboration shall cover the following countries: All / worldwide (hereinafter collectively referred to as "Territory")
This agreement shall relate to banners and advertising space and other advertising inventory within the Bannerconnect network. (hereinafter referred to as "Inventory")

Statistics

Unless otherwise specified in an IO, signed by Bannerconnect, billing will be based on Bannerconnect numbers. A login to the Bannerconnect ad server will be provided to the Advertiser which gives the possibility to check the reports per campaign.
In case an IO exists, which states billing from Advertiser numbers, Advertiser must provide Bannerconnect with a working login to its ad server reports or provide Bannerconnect with daily reports for all active campaigns. In case Advertiser is unable to provide Bannerconnect with a login to its reporting system or to send Bannerconnect daily reports, billing will be automatically off Bannerconnect numbers regardless of existing insertion orders.

Billing

The Payment must be received no later than the "due date" printed on the invoice sent to the Advertiser. If the date of payment is not a banking day, the due date shall be transferred to the next banking day following. Date of which payment must be received by Bannerconnect (hereinafter referred to as "DUE DATE").
Unless otherwise specified in an IO, signed by Bannerconnect, payment terms are NET30, by either wire or paypal. NET30, means a maximum of 30 days after the invoice date as stated on the invoice from Bannerconnect. The invoices from Bannerconnect will also contain the "due date" for that specific payment.
In case an IO exists, which states any NET terms, these can never exceed NET60 terms.
Every month supplier will send the client an invoice and a detailed revenue report on request. 14 days following the invoice date client has the right to dispute the invoice. The terms of payment of non-disputable invoices is 30 days following the invoice date.
In case Bannerconnect did not receive the payment from the Advertiser on the DUE DATE, the following process will be in effect:

One day after the DUE DATE the Advertiser will receive a first reminder from Bannerconnect with a message that the DUE date has passed.
One week after the DUE DATE the Advertiser will receive a second reminder from Bannerconnect with a message that the DUE date has passed.
15 days after the DUE DATE the Advertiser will receive a third and last reminder from Bannerconnect with a message that the DUE date has passed. This message will also receive a warning that this is the last chance to settle the balance between Advertiser and Bannerconnect without additional costs and consequences.
Bannerconnect will be forced to turn the account over to our attorneys for collection. In accordance with our credit and collection policies, all costs of collection will be added to the balance on your account.

Warranties

The Advertiser hereby expressly warrants and represents that each of the following statements are true and accurate:

It has the power to enter into and perform its obligations under this Agreement
Its entry into this Agreement and performance of its obligations under this Agreement will not violate or conflict with, or exceed any limit imposed by (i) any law or regulation to which it is subject, (ii) its memorandum and articles of association or other applicable constitutional documents, (iii) any other agreement, instrument or undertaking binding upon it, (iv) any third party rights including any intellectual property rights of any third party.
The person executing the Agreement is authorized to do so.

Indemnification

Each party agrees to defend and hold harmless the other Party, and the Party’s officers, directors, shareholders, employees, accountants, attorney’s, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, arising out of or related to any breach of any obligation, warranty, representation, or covenant that it makes implicitly or explicitly pursuant to this Agreement. This provision shall survive the termination of this Agreement.

Term

The Term of this Agreement shall commence on the Effective Date and shall continue ongoing until either party terminates this agreement upon written notice to the other party.
And conditions for subsequent term(s) unless terminated by either Party, upon serving a termination notice on one month prior to the termination date.
Either Party shall have the right to terminate this Agreement at any time and without cause by giving the other Party 48 hours prior written notice.
Either Party may immediately terminate the Agreement on giving notice in writing to the other party:

If the other Party commits any material or persistent breach of any term of this Agreement and ( in case of a breach being capable of remedy) shall have failed within 14 (fourteen) days after the receipt of a request in writing so to do, to remedy the breach; or
If the other Party shall have a receiver or administrative receiver appointed of it or any part of its undertaking or assets or shall pass a resolution for winding up or court of competent jurisdiction shall make an order to that effect.
In case any of the Parties breaches any of its warranties as specified in Article 4 above.
If either Party shall become permanently incapable to deliver on its obligations under this Agreement.

This Agreement may be terminated upon the mutual written consent of both Parties.

Force Majeure

If by reasons of acts of God, floods, storms, explosion, fires, labor troubles, strikes, insurrections, war, riots, law, order, rule or regulation either Party hereto is prevented from complying with any condition of this Agreement, or from complying with any express or implied covenant herein, then while so prevented such condition shall be suspended and such Party shall be relieved of the obligation of complying with such covenant and shall not be liable for damages for failure to comply therewith, and any obligation of either Party shall be extended for as long as such party is so prevented from complying with any condition or covenant herein.

Disputes

Any dispute, claim, or controversy arising out of relating to this Agreement or the breach of any provision thereof, shall be finally settled by the courts of the Netherlands under the law of the Netherlands.