Help spread the word about Caught-The-Skunk.com by displaying my brochure at your local business, handing some out for an upcoming fishing tournament, local outdoor's show or fishing flea market, or just pass it on to some friends.
This Advertiser Agreement ("Agreement") sets forth the legally binding terms for your advertising on Caught-the-Skunk.com. By participating in the Caught-The-Skunk Advertising program, you are entering into a binding and enforceable legal agreement with Caught-The-Skunk, LLC (“Caught-The-Skunk”) (and/or its owners and operators as set forth below). You represent and warrant that you are authorized to enter into this agreement. Please read these Terms and Conditions carefully since, by participating in the in the Caught-The-Skunk Advertising Program, you are signifying your assent to this Agreement. As used in this Agreement, the terms "Client" and "you" mean you and the company or entity which you represent. The term "Caught-The-Skunk.com" refers to the www.Caught-The-Skunk.com website (and/or its owners and operators as set forth below).
1. YOUR OBLIGATIONS
Clients must provide Caught-The-Skunk with complete, accurate and up-to-date information. Clients may not assume an identity other than their own when entering into this Agreement with Caught-The-Skunk. Clients must notify Caught-The-Skunk of any changes to submitted information within three (3) business days of the change. Clients must be 18 years of age or older to advertise with Caught-The-Skunk. Advertisers may not advertise products or services of a company for which they are not a legally authorized representative. Clients are solely responsible for any changes, debits, credits, authorized or unauthorized activity, and any other use of their Caught-The-Skunk advertising account, including use and activity by authorized agents of your company, and unauthorized use by those who have obtained your account information in any way whatsoever. Caught-The-Skunk reserves the right to terminate the account of any Client at any time without prior notice, and/or pursue legal action in the event of system abuse, fraud, or any type of activity deemed inappropriate by Caught-The-Skunk. Client agrees not to display any content on their advertising creative or landing page that is defamatory, libelous, pornographic, obscene, otherwise unlawful, or that infringes upon any party’s intellectual property or other proprietary rights. Exclusively Caught-The-Skunk will determine fitness of creative and landing pages.
If client desires to modify its content, it shall provide a written request to Caught-The-Skunk.com, along with the appropriate banner/button file. A service charge of $25 will be made to cover the cost of the advertising change.
2. YOUR PAYMENT
The Client agrees to pay Caught-The-Skunk the then-current fees as set forth on the www.Caught-The-Skunk.com website. Client acknowledges that its payment obligation hereunder is based solely on the time period the banner advertisement is posted in the Caught-The-Skunk Advertising Program, and not on Client's ability to convert banner or button impressions into click-throughs or sales.
3. OUR OBLIGATION
Caught-The-Skunk will create and maintain an Advertising Account for Client. After Client provides an ad banner or button, Caught-The-Skunk will post Client’s banner for the purchased time frame.
4. TERMINATION AND REFUNDS
You may cancel your participation in the Caught-The-Skunk Advertising Programs, by sending us a notification of cancellation of account via electronic mail (e-mail) notification. We reserve the right to review, decline, approve, or issue refunds on a case-to-case basis. No refund of any portion of the monthly payment will be given.
5. YOUR REPRESENTATIONS AND WARRANTIES TO CAUGHT-THE-SKUNK
You represent that you are the authorized owner or representative of the website(s) for which links are requested and that such site(s) is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous matter. You will not hold Caught-The-Skunk (and/or its owners, operators, and agents) or its affiliates liable or responsible for the activities of visitors who come to your site(s) through a link provided from Caught-The-Skunk.com You further represent that your site is not unsuitable for the Caught-The-Skunk advertising program(s). Unsuitable sites include but not limited to those that promote violence; are pornographic; promote gambling; promote illegal activities; promote cultic activities, and violate or infringe upon the rights of any third party, including intellectual property rights. You further represent and warrant that if you collect cookie or web beacon information through Caught-The-Skunk.com that you will not collect any personally identifiable information from any user or member of Caught-The-Skunk.com without such user’s or member’s individual consent in each instance.
Client further agrees that it will not, directly or indirectly, by any means, trick, link or artifice of any manner link any of the following content or material to any Caught-The-Skunk.com website through any hyperlinks maintained or created on Caught-The-Skunk’s website(s):
i. Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
ii. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" malicious java script or any other feature, which takes control of a third parties computer or CPU without the third parties’ permission, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person including pop ups and other type of devices; and/or
iii. Any material which contains any solicitation for prostitution, or which promotes or facilitates incentive based websites, “warez” websites or the hacking, cracking or the downloading or trading of copyrighted material.
6. YOUR INDEMNIFICATION OBLIGATIONS
Client agrees to indemnify and hold Caught-The-Skunk (and/or its owners and operators) and its affiliates harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Client's website(s) or advertising content or Client'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 and publicity.
7. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
CAUGHT-THE-SKUNK AND ITS OWNERS, OPERATORS AND AGENTS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF IMPRESSIONS OR CLICK-THROUGHS WHICH WILL BE DELIVERED. CAUGHT-THE-SKUNK, AND ITS OWNERS, OPERATORS AND AGENTS SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING ATTORNEYS’ FEES) INCURRED BY CLIENT INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN NO EVENT SHALL CAUGHT-THE-SKUNK AND ITS OWNERS, OPERATORS AND AGENTS LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO CAUGHT-THE-SKUNK BY CLIENT HEREUNDER FOR THE THREE (3) MONTHS PRECEDING THE OCCURRENCE OF SUCH LIABILITY. IN NO EVENT SHALL CAUGHT-THE-SKUNK 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 CAUGHT-THE-SKUNK HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. CAUGHT-THE-SKUNK WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT OF THIS AGREEMENT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, OR IF IT’S SITE(S) BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. CAUGHT-THE-SKUNK MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. CAUGHT-THE-SKUNK RIGHT TO REJECT ADVERTISEMENTS
All requested URL links, banners, buttons are subject to Caught-The-Skunk’s approval. Caught-The-Skunk reserves the right to reject, cancel or remove any URL link, banners, and/or buttons at any time for any reason whatsoever.
If there is any dispute about or involving Caught-The-Skunk you agree that the dispute shall be governed by the laws of the state of New Jersey, USA, without regard to conflict of law provisions. Any controversy or claim arising out of, or related to, this Agreement shall be settled by Arbitration in the County of Gloucester, State of New Jersey, in accordance with the then existing rules of the American Arbitration Association and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter in the controversy. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. AMENDMENT TO TERMS
Caught-the-Skunk reserves the right to change the terms upon which it offers its Advertising Program(s) and other services to the public and may change this Agreement by posting such changes, which you agree constitutes effective notice to you of such changes. Additionally, Client's continued participation in the Advertising Program and other services following such changes shall be deemed an assent to such changes.
Caught-the-Skunk may assign, subcontract, or transfer this Agreement anytime at its sole discretion.
A copy of this agreement is available in PDF format for printing: