2110 South Eagle Road Suite 391 Newtown PA 18940 1-800-799-7161
ADVERTISING AGREEMENT TERMS & CONDITIONS PARTIES FranchiseFarm.net (FF) and the advertiser described above Advertiser, (Collectively the “Parties”) agree to the following terms and conditions (“Agreement”).
WHEREAS, FF is an agency that contracts with websites, and lead providers for the franchise and business opportunity industries, which offer online advertising for franchisors and business opportunity providers.
WHEREAS, Advertiser desires to have its franchise and/or business opportunity advertisements (“Advertisement”) published by way of illustration only, and no limitations on the websites, social media platforms, email marketing services.
AGREEMENT FF will be working on behalf of the advertiser to secure leads. A lead is defined as an electronic record received by FF on behalf of Advertiser via an FF affiliated resource, etc. The electronic record occurs when a visitor to an FF submits a request for information through a database input form on an FF affiliated resource.
PAY PER LEAD AND FLAT FEE PRICING PROGRAMS In Consideration for FF securing leads on behalf of the Advertiser through the FF Affiliated Network Advertiser agrees to pay the Campaign Specific Pricing as set forth on www.FranchiseFarm.net
Advertiser’s use of leads generated and/or obtained through Advertisements on FF Affiliated Websites shall be limited to use for franchise development of Advertiser’s franchise, business opportunity, or funding sources only. All leads and other information submitted to FF and/or through FF’s Affiliated Website remain the property of FF. Advertiser is expressly prohibited from sharing, loaning, donating, reselling or otherwise disseminating lead information for any purpose other than franchise development of Advertiser’s franchise or business opportunity that is advertised with a FF Affiliated website. Nothing contained herein limits or abridges the right of FF to use any information submitted to FF for any manner it deems appropriate unless otherwise instructed by Advertiser and expressly agreed to in writing.
BILLING CYCLE All programs are established on a pre-payment basis with monthly renewals being automatically charged prior to or on the beginning of the month.
PAYMENT TERMS If Advertiser disputes any charge made under this Agreement, Advertiser must notify FF in writing within sixty (10) days of any such charge; failure to so notify FF shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by FF. No other measurements or statistics of any kind shall be accepted by FF or have any effect under this Agreement. Any disputes will be settled in a Bucks County PA court. Any charges which are past due by more than forty-five (45) days shall bear interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser will reimburse FH for any collection and legal fees incurred as a result of Advertiser’s late payment of any amount due and payable hereunder. All payments made under this Agreement are non-refundable. FF’s acceptance of any partial payment hereunder will not waive any of its rights as to remaining balances, nor in any way constitute accord and satisfaction.
DURATION OF CONTRACT This Agreement shall commence on the date upon which it is fully executed by both parties. This Agreement shall remain in effect until terminated by either party.
TERMINATION Either party may terminate and cancel this Agreement at the end of any month. We do not require 30 days prior written notice once the minimum contract term has been satisfied. FF shall, in its sole discretion, have full authority to delete or alter any Advertisement should such Advertisement prove potentially embarrassing, hateful, obscene, in bad taste, untimely, litigious, infringing, or otherwise inappropriate or unacceptable.
NO GUARANTEE Nothing in this Agreement and nothing in FF’s statements to Advertiser shall be construed as a promise or guarantee about the quantity of leads that Advertiser shall receive. FF makes no such promises or guarantees. FF’s comments about the potential results of Advertiser’s Lead Generation campaign are expressions of opinion only. These are leads and not guaranteed sales and your success with any FF lead generation program will be predicated on a wide variety of factors—exactly as awarding franchises or business opportunities. Your leads are subject to re-marketing efforts after 30 days.
INDEMNIFICATION Advertiser shall fully defend, release, discharge, indemnify, and hold harmless FF as well as FF’s corporate directors, officers, members, managers, attorneys, representatives, employees, independent contractors, or agents of any kind (“Indemnified Parties”) from any and all claims, damages, demands, liabilities, suits, judgments, losses, costs, and expenses of any kind, including attorney’s fees, court costs, and any other costs or expenses of any kind in connection with any action that may be charged against the Indemnified Parties arising out of this Agreement.
LICENSE FF makes no warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement), guaranties, representations, promises, statements, estimates, conditions or other inducements, express, implied, oral, written or otherwise. FF’s obligations under this agreement are subject to delays caused by war, act of God, embargoes, or any other circumstances beyond its reasonable control. Advertiser acknowledges that FF’s Affiliated Websites are operated on an “as is”, “as available” basis, and that neither FF nor its suppliers or vendors makes any representations or warranties of any kind whatsoever regarding the placement of listings or links or the performance or security of its website or services. In no event shall FF or any of its suppliers, vendors or affiliates be liable or responsible for any indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based. In no event shall FF’s liability for any reason whatsoever exceed the fees paid to FF by advertiser under this agreement during the calendar year during which the applicable claim accrued.
GOVERNING LAW This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Any controversy, claim, action or suit (“Actions”) arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania, and all such Actions commenced by either FF or Advertiser shall be commended in the courts of the Commonwealth of Pennsylvania.
ENTIRE AGREEMENT This Agreement contains the entire Agreement of the parties. No prior or contemporaneous understanding, written or oral statement, promise or inducement was made by any party which is not contained herein. This Agreement shall not be modified, altered or amended except in writing signed by the parties.
WHEREAS, FF is an agency that contracts with websites, and lead providers for the franchise and business opportunity industries, which offer online advertising for franchisors and business opportunity providers.
WHEREAS, Advertiser desires to have its franchise and/or business opportunity advertisements (“Advertisement”) published by way of illustration only, and no limitations on the websites, social media platforms, email marketing services.
AGREEMENT FF will be working on behalf of the advertiser to secure leads. A lead is defined as an electronic record received by FF on behalf of Advertiser via an FF affiliated resource, etc. The electronic record occurs when a visitor to an FF submits a request for information through a database input form on an FF affiliated resource.
PAY PER LEAD AND FLAT FEE PRICING PROGRAMS In Consideration for FF securing leads on behalf of the Advertiser through the FF Affiliated Network Advertiser agrees to pay the Campaign Specific Pricing as set forth on www.FranchiseFarm.net
Advertiser’s use of leads generated and/or obtained through Advertisements on FF Affiliated Websites shall be limited to use for franchise development of Advertiser’s franchise, business opportunity, or funding sources only. All leads and other information submitted to FF and/or through FF’s Affiliated Website remain the property of FF. Advertiser is expressly prohibited from sharing, loaning, donating, reselling or otherwise disseminating lead information for any purpose other than franchise development of Advertiser’s franchise or business opportunity that is advertised with a FF Affiliated website. Nothing contained herein limits or abridges the right of FF to use any information submitted to FF for any manner it deems appropriate unless otherwise instructed by Advertiser and expressly agreed to in writing.
BILLING CYCLE All programs are established on a pre-payment basis with monthly renewals being automatically charged prior to or on the beginning of the month.
PAYMENT TERMS If Advertiser disputes any charge made under this Agreement, Advertiser must notify FF in writing within sixty (10) days of any such charge; failure to so notify FF shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by FF. No other measurements or statistics of any kind shall be accepted by FF or have any effect under this Agreement. Any disputes will be settled in a Bucks County PA court. Any charges which are past due by more than forty-five (45) days shall bear interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser will reimburse FH for any collection and legal fees incurred as a result of Advertiser’s late payment of any amount due and payable hereunder. All payments made under this Agreement are non-refundable. FF’s acceptance of any partial payment hereunder will not waive any of its rights as to remaining balances, nor in any way constitute accord and satisfaction.
DURATION OF CONTRACT This Agreement shall commence on the date upon which it is fully executed by both parties. This Agreement shall remain in effect until terminated by either party.
TERMINATION Either party may terminate and cancel this Agreement at the end of any month. We do not require 30 days prior written notice once the minimum contract term has been satisfied. FF shall, in its sole discretion, have full authority to delete or alter any Advertisement should such Advertisement prove potentially embarrassing, hateful, obscene, in bad taste, untimely, litigious, infringing, or otherwise inappropriate or unacceptable.
NO GUARANTEE Nothing in this Agreement and nothing in FF’s statements to Advertiser shall be construed as a promise or guarantee about the quantity of leads that Advertiser shall receive. FF makes no such promises or guarantees. FF’s comments about the potential results of Advertiser’s Lead Generation campaign are expressions of opinion only. These are leads and not guaranteed sales and your success with any FF lead generation program will be predicated on a wide variety of factors—exactly as awarding franchises or business opportunities. Your leads are subject to re-marketing efforts after 30 days.
INDEMNIFICATION Advertiser shall fully defend, release, discharge, indemnify, and hold harmless FF as well as FF’s corporate directors, officers, members, managers, attorneys, representatives, employees, independent contractors, or agents of any kind (“Indemnified Parties”) from any and all claims, damages, demands, liabilities, suits, judgments, losses, costs, and expenses of any kind, including attorney’s fees, court costs, and any other costs or expenses of any kind in connection with any action that may be charged against the Indemnified Parties arising out of this Agreement.
LICENSE FF makes no warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement), guaranties, representations, promises, statements, estimates, conditions or other inducements, express, implied, oral, written or otherwise. FF’s obligations under this agreement are subject to delays caused by war, act of God, embargoes, or any other circumstances beyond its reasonable control. Advertiser acknowledges that FF’s Affiliated Websites are operated on an “as is”, “as available” basis, and that neither FF nor its suppliers or vendors makes any representations or warranties of any kind whatsoever regarding the placement of listings or links or the performance or security of its website or services. In no event shall FF or any of its suppliers, vendors or affiliates be liable or responsible for any indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based. In no event shall FF’s liability for any reason whatsoever exceed the fees paid to FF by advertiser under this agreement during the calendar year during which the applicable claim accrued.
GOVERNING LAW This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Any controversy, claim, action or suit (“Actions”) arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania, and all such Actions commenced by either FF or Advertiser shall be commended in the courts of the Commonwealth of Pennsylvania.
ENTIRE AGREEMENT This Agreement contains the entire Agreement of the parties. No prior or contemporaneous understanding, written or oral statement, promise or inducement was made by any party which is not contained herein. This Agreement shall not be modified, altered or amended except in writing signed by the parties.
