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Lightyear Marketing Group Advertising Terms and Conditions

TERMS AND CONDITIONS FOR THE SUPPLY OF WEB MARKETING SERVICES BY BRIAN K. “BUZZ” PARK, D.B.A LIGHTYEAR MARKETING GROUP

These Advertising Terms and Conditions (“Advertising Agreement”) are hereby agreed to by the party executing this agreement below (“Advertiser”) as a condition to using the Service.

  1. All rates are subject to change upon notice. Lightyear Marketing Group reserves the right to refuse or cancel any Advertising, with or without cause, at any time. Except as expressly provided otherwise herein, payment for Advertising shall be made to Lightyear Marketing Group as requested by Lightyear Marketing Group. All payments due hereunder are in U.S. dollars and are exclusive of any sales, use or similar applicable taxes.  Advertiser shall promptly pay all such taxes and any associated interest and penalties.
  2. Certain Definitions.

Publishers” shall refer to one or more online or offline businesses that accept Advertising orders from Lightyear Marketing Group and/or its licensor(s) on behalf of the Advertiser.  Advertiser agrees that the selection of Publishers is entirely at Lightyear Marketing Group’s and/or its licensor’s(s’) discretion and may change at anytime, even while the Campaign is active.

Ads” shall refer to one or more advertisements submitted by the Advertiser using the Service; as such Ad may be modified as provided herein.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) may, at any time and for any reason, modify the Ads provided by Advertiser to Lightyear Marketing Group in order to comply with Publisher specifications or for any other reason.  Advertiser also agrees that Advertiser’s modifications to Ads and/or Ad modification requests made by Advertiser to Lightyear Marketing Group once the Campaign order has been placed may not be processed, as some Publishers may not accept changes for Ads once a Campaign is active.

Campaign” shall refer to the unit of advertising for which Advertiser has contracted with Lightyear Marketing Group.  A Campaign shall have a budget (“Campaign Budget”), and a requested duration (“Target Duration”), and shall consist of one or more Ads placed at one or more Publishers through the Service.

Tracking Information” shall refer to one or more of the following:  (i) Phone Number Tracking; (ii) E-Mail Tracking; (iii) Coupon Tracking; (iv) Destination Page Tracking.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s), in an effort to provide statistics to Advertiser, may apply certain tracking solutions to the Advertiser’s Campaign.  Specifically, Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) has the right, but not the obligation, to do the following for each Campaign:  (i) Provision Tracking Phone Numbers that will be displayed to the user in lieu of the Advertiser’s phone number and which will forward to the Lightyear Marketing Group’s and/or its licensor’s(s’) phone number; (ii) Substitute Advertiser’s e-mail address(es) with e-mail form(s) in order to be able to track e-mails associated with the Campaign; (iii) Require users to provide registration information in order to print an Advertiser coupon; (iv) Deploy click tracking code to track the pages that users may access as a result of the Campaign.  With regard to the Tracking Phone Numbers and Tracking E-Mail Addresses, Advertiser agrees and understands that Lightyear Marketing Group and its licensors are not responsible for the original phone numbers and e-mail addresses entered by Advertiser and which the Tracking Phone Numbers and Tracking E-Mails, respectively, will forward to.  Furthermore, Advertiser acknowledges that, for a local Advertiser phone number, Lightyear Marketing Group and its licensors will first try to provision a local Tracking Phone Number, but, in the event such a local Tracking Phone Number is not available, Advertiser hereby gives Lightyear Marketing Group and its licensor(s) permission to provide a toll free Tracking Phone Number instead. Advertiser further agrees that, as part of provisioning Tracking Phone Numbers, Lightyear Marketing Group and its licensor(s) has the right, but not the obligation, to turn on enhanced phone tracking features. Those features may include, but are not limited to: call review (whereby a recording of the inbound phone call is made and stored for review by Lightyear Marketing Group and/or its licensor(s) for a period of time to be determined solely by Lightyear Marketing Group and/or its licensor(s)); caller ID (whereby the phone number of the caller is used to look-up their name and address). In the case of call review, Advertiser hereby agrees and understands that an initial recording may be played to callers prior to the completion of call notifying the caller that the call may be recorded. The exact message to be played to the caller is at the sole discretion of Lightyear Marketing Group and/or its licensor(s).

Destination Page” shall refer to the Web Site that users will visit when they click on one of the Ads.  Lightyear Marketing Group and/or its licensor(s) currently provides two Destination Page options to Advertiser for its Campaign: (i) With a “Standard Offer Page”, Lightyear Marketing Group and/or its licensor(s) provides Advertiser with the ability – through the Platform – to create a basic Web Site based on information provided by Lightyear Marketing Group and/or its licensor(s).  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) may, from time to time, change the format of the Standard Offer Page, requiring the Advertiser to add or delete information previously collected from the Lightyear Marketing Group.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) may substitute Tracking Phone Numbers for the Advertiser phone numbers on the Standard Offer Page, may substitute Tracking E-Mail Forms for the Advertiser’s e-mail addresses, and may collect user information before allowing users to print Advertiser’s coupons and offers.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) may restrict the ability of Advertiser to modify or request modifications to Advertiser’s Standard Offer Page once the Campaign is running.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) has the right, but not the obligation, to review and modify any and all content on the Standard Offer Page, whose content – other than the content substituted by Lightyear Marketing Group and/or its licensor(s)  as mentioned above – remains the sole responsibility of Advertiser; (ii) With an “Existing Web Site”, Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) will direct all users who click on Advertiser’s Ads to a Web Site owned and operated exclusively by Lightyear Marketing Group and/or its licensor(s).  Advertiser hereby gives Lightyear Marketing Group and/or its licensor(s) permission – during the duration of the Campaign – to do one or more of the following for users visiting the Advertiser’s web site as part of the Campaign ONLY: (i) substitute Tracking Phone Numbers for the Advertiser’s web site phone numbers; (ii) substitute Tracking E-Mail forms for the Advertiser’s web site e-mail addresses; (iii) place click tracking code on pages (URLs) specified by Lightyear Marketing Group and/or its licensor(s); (iv) place a frameset above the Advertiser’s web site with the Tracking Phone Numbers and Tracking E-Mail form link; (v) place a frameset above the Advertiser’s web site with links to the Lightyear Marketing Group and/or its licensor(s) Web Site, including, but not limited to, the Lightyear Marketing Group’s Local Offers Directory.  Advertiser agrees that users visiting the Advertiser’s web site other than as a result of the Campaign will not see any of the above substitutions or modifications.  Advertiser agrees that in order for Lightyear Marketing Group to be able to do so, Lightyear Marketing Group and/or its licensor(s) may provide a mirrored version of the Advertiser’s web site (“Mirrored Site”) and that, in order to do so, Advertiser’s web site must be operational, functional, and accessible through the Internet.  In addition, Advertiser agrees that, in order for Lightyear Marketing Group and/or its licensor(s) to provide the functionality associated with the Mirrored Site, the URL visible above the Mirrored Site to users clicking on the Advertiser’s Ad will reflect the web site address for the Mirrored Site and NOT that of the Advertiser’s web site.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) is in no way responsible for the operation and functionality of the Advertiser’s web site.

  1. Except as expressly set forth in this Agreement, any renewal of any Campaign is subject to acceptance of the then current version of this Agreement, which is subject to change at any time. From time to time, Lightyear Marketing Group may, at its sole discretion, provide Advertiser with the option to automatically renew (“Auto Renew”) a Campaign. Advertiser may choose from one of two different Auto Renew options.  In the first option (“Auto Renew – Once per Month”), Advertiser agrees that campaign will be automatically renewed and Advertiser will be charged as soon as the original Campaign has reached its Campaign Budget and its Target Duration has been reached or exceeded.  Advertiser acknowledges that the Campaign may be paused temporarily under this option if its Campaign Budget has been reached before its Target Duration has been reached.  In the second option (“Auto Renew – Immediately”), Advertiser agrees that Campaign will be automatically renewed and Advertiser will be charged as soon as the original Campaign has reached its Campaign Budget, whether or not its Target Duration has been reached, and even if its Target Duration has been exceeded.  Advertiser understands that Lightyear Marketing Group, at its sole discretion, may set either Auto Renew option on as a default campaign setting but, in the event Lightyear Marketing Group sets the default to Auto Renew on (whether Auto Renew – Once per Month or Auto Renew – Immediately), Lightyear Marketing Group will make available to Advertiser the ability to turn the Auto Renew option off through Lightyear Marketing Group’s web application.
  1. Advertising Estimates. Lightyear Marketing Group makes no representations, warranties or guarantees of any kind as to the level of sales, purchases, clicks, sales leads or other performance that Advertiser can expect from Advertising.
  1. Advertising Information, Materials & Modifications. Advertiser shall provide Lightyear Marketing Group with true, accurate and current information for all Ads placed with Publishers.  Advertiser certifies that it has the legal right to use all information, names, trademarks and search terms it provides or includes in its Ads.  Advertiser will provide all materials for the Advertising in accordance with Lightyear Marketing Group’s policies in effect from time to time, including without limitation the manner of transmission to Lightyear Marketing Group and the lead-time prior to publication of the Advertising.  Advertiser agrees that Lightyear Marketing Group and/or its licensor(s) has the right but not the obligation to make modifications to Ads prior to their delivery to Publisher and further understands that, once Ads are delivered to Publisher, Advertiser may be limited in its ability to make further modifications to said Ads.  Advertiser hereby grants to Lightyear Marketing Group and/or its licensor(s) a non-exclusive, worldwide, fully paid license to use, perform, reproduce, display, transmit and distribute in accordance herewith the Ads and any derivative works based thereon created by Lightyear Marketing Group and/or its licensor(s) hereunder.
  1. Lightyear Marketing Group and/or its licensor(s) shall determine, in the exercise of its sole discretion, which Publishers to use in connection with any Campaign. Advertiser acknowledges that Lightyear Marketing Group and its licensor(s) do not produce, operate or transmit the Internet sites or services on which Ads may appear – with the exception of Lightyear Marketing Group’s directory — and that Lightyear Marketing Group and its licensor(s) act only as a sales representative or reseller of advertising inventory or listing services for the operators of such Internet sites or services.
  1. Except as otherwise expressly provided in this Agreement, positioning of Ads within the Lightyear Marketing Group Directory or on any page of Lightyear Marketing Group’s and/or its licensor’s(s’) web site is at the sole discretion of Lightyear Marketing Group and/or its licensor(s). Positioning of Ads on Publisher sites is at the sole discretion of Publisher.
  1. No Proof of Advertising. Advertiser understands that Lightyear Marketing Group is under no obligation and may simply not be able to provide any samples of your Ads in the context of any Publisher’s web site or Lightyear Marketing Group’s Directory.
  1. Statistics & Reporting. Unless specified otherwise in this Agreement, Lightyear Marketing Group makes no guarantee with respect to usage, visit, or cost per visit statistics for any Ads. Advertiser acknowledges that any such statistics provided by Lightyear Marketing Group shall be conclusive and binding on Advertiser for all purposes of this Agreement and not subject to review or challenge by Advertiser for any reason.
  1. Right to Reject Ads. All contents of Ads are subject to Lightyear Marketing Group’s approval. Lightyear Marketing Group reserves the right to reject or cancel any Ad, Agreement, URL link, or Publisher position commitment, at any time, for any reason whatsoever (including belief by Lightyear Marketing Group that any placement thereof may subject Lightyear Marketing Group to criminal or civil liability). This right to refuse a listing does not constitute endorsement of any Ad that is accepted by Lightyear Marketing Group, nor does it constitute a warranty that Lightyear Marketing Group will continue to run an Ad once accepted. Lightyear Marketing Group does not have any obligation to inspect ads or to reject ads that it inspects regardless of anything relating to those ads.
  1. Advertiser’s Representations; Indemnification. Advertiser represents and warrants to Lightyear Marketing Group that Advertiser holds all necessary rights to permit the use of the Advertising by Lightyear Marketing Group for the purposes contemplated under this Agreement; and that the use, reproduction, distribution, transmission or display of the Ads, any data regarding users, any material to which users can link, all content on any Destination Page, or any products or services made available to users through the Ads will not (a) violate any criminal laws or any rights of any third parties or (b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Advertiser agrees to indemnify, defend and hold Lightyear Marketing Group and its licensor(s) harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) breach (or alleged breach) of any of the foregoing representations and warranties, or (ii) any third party claim arising out of or in connection with use of or access to the Advertising or any material to which users can link, or any products or services made available to users, through the Advertising or to which the Advertising relates.
  1. Either party may terminate this agreement at any time, for any reason, by providing the other party with at least 30 days prior written notice – which may include notice by email.  In the event of any termination, Advertiser shall remain liable for any amount due under the Advertiser Agreement for Advertising delivered by Lightyear Marketing Group. In addition, the provisions of section 10 shall survive termination.
  1. No Inconsistent Terms. In the event that Lightyear Marketing Group’s and/or its licensor’s(s’) Web site has any terms (including without limitation in any “click through” agreements, but excluding the Account Terms and Conditions) that are inconsistent with the provisions of this Advertising Agreement, this Advertising Agreement shall take precedence.