Entrepreneurs
Services, LLC, a Limited Liability Company registered in the State of Wisconsin, and myboomer2boomer, an enterprise of Certi/Fide Consulting Services, LLC,
together herein referred to as "The Companies" and you and your enterprise, herein referred to as "Advertiser".
1. ADVERTISING PURCHASE
1.1 The Companies operate an information, search, and advertising service on the internet accessible at www.myboomer2boomer.com, herein known as "The
Web Site". Advertiser has established that it is "boomer friendly" and wishes to promote itself on The Web Site according to the Terms and Conditions of Use
and/or Listing set forth on The Web Site and in the terms and conditions set forth in this Agreement.
1.2 Advertiser wishes to establish a link from an appropriate category page on The Web Site (to be determined at the sole discretion of The Companies) directly to
Advertiser's web site, the URL of which Advertiser has furnished to The Companies; AND/OR Advertiser wishes to establish an email link from the appropriate
category page on The Web Site directly to Advertiser or Advertiser's agent at an active email address which Advertiser has furnished to The Companies, AND/OR
Advertiser wishes to publish an active business telephone number on the appropriate category page on The Web Site, said number having been furnished by
Advertiser to The Companies; AND/OR Advertiser wishes to advertise their Human Resources/Jobs Portal through a direct link on the Boomer Friendly Employer
page of The Web Site, the URL of which Advertiser has furnished to The Companies.
1.3 Advertiser agrees to purchase advertising from The Companies in annual or in monthly blocks of time and agrees to pay the invoice amount in full upon
receipt of said invoice. Invoice due date shall coincide with commencement of advertising on The Web Site and shall become the binding commencement date of
this Agreement. No advertising shall appear on The Web Site until payment in full has been received for the full invoiced amount and payment constitutes
understanding, accepting, and agreeing with the terms and conditions contained herein. Upon payment of advertising invoice, failure to read, understand, accept,
or agree to these terms and conditions prior to commencing advertising on The Web Site shall in no way alter Advertiser's responsibilities, indemnifications, legal
obligations or duties as contained herein.
1.4 The Companies agree to provide advertising space on the page (s) that The Companies determine to be the best match between Advertiser's business,
product and/or service and The Web Site. The placement and/or acceptance of all advertising is solely at the discretion of The Companies. Advertiser will be
notified of page placement by The Companies. Such ad space may include: a description of the purpose, products and/or services of Advertiser; a link to
Advertiser's web site or an active email address to contact an owner, officer or other authorized party of the above mentioned Advertiser and/or the Advertiser's
business telephone number; Advertiser's logo, name, and/or other identifying feature. Cost of advertising shall be determined by the size of the ad and said cost
shall be determined solely by The Companies. Advertisements on the Boomer Friendly Employers page will include the business name, location, contact
information, and URL linking to the Advertiser's employment page if available, and if not available, an email address for direct contact regarding any job openings
the employer may have. At this time, no advertising employers' individual job openings shall be listed on The Web Site.
1.5 Advertising on The Web Site shall be for an agreed upon period at which time a new agreement may be executed. The Companies retain the right to rescind,
reject, or remove any and all advertising and/or links from The Web Site at any time, for any reason whatsoever, with or without notice to the Advertiser, without
regard to whether the link and/or advertising materials had previously been acknowledged, accepted, approved, advertised, or published, with a refund to
Advertiser of unused advertising revenues (to be determined on a prorated basis of remaining valuation, at the sole discretion of The Companies, and in no case
will any part of the current month's advertising cost be prorated). IN ANY EVENT, THE COMPANIES SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO LOST
PROFITS, LOSS OF GOODWILL, LOSS OF OPPORTUNITIES, OR ANY OTHER LOSS OR DAMAGE TO ADVERTISER FROM ANY ACTIONS OR REACTIONS
OCCURING AS A RESULT OF EITHER ADVERTISING ON THE WEB SITE, OR FROM BEING REMOVED OR HAVING ADVERTISER'S LINKS REMOVED FROM
THE WEB SITE.
1.6 By submitting advertising to The Companies, Advertiser agrees to be bound by the terms and conditions of this Agreement and the Terms and Conditions of
Use and/or Listing of The Web Site. No other conditions except those contained herein shall be binding on The Companies unless specifically agreed to in writing.
Final advertising copy as initially posted may be revised if, within five (5) business days, Advertiser informs The Companies of material inaccuracies. After the five
(5) day modification period, the posted copy will be deemed approved by the Advertiser in all respects and Advertiser agrees that all placements of ads shall then
conclusively be deemed to have been approved by Advertiser. Any changes requested by the Advertiser that are not due to material inaccuracy or that occur after
the five (5) day grace period shall be accompanied by a change fee to be determined solely at the discretion of The Companies, said fee being due and payable
immediately upon receipt of invoice. Date of invoice related to any change fee shall not alter the beginning or ending date of this Agreement.
2. OWNERSHIP
2.1 Advertiser and The Companies own and retain sole, exclusive rights, title and interest to their own names, logos, artwork, copyrights, trademarks, trade names,
service marks, patents, trade secrets, titles, intellectual property and all other proprietary rights and features under the laws of any governmental authority, foreign
or domestic, including all present and future rights under all applications and registrations relating to any of the foregoing ownership items. Except as permitted
herein, Advertiser and The Companies shall not use, copy, or otherwise make use of any of the aforementioned proprietary items of the other party nor the names
of any individuals of either entity, for any reason, without such entity's express, prior, and written approval. Advertiser and The Companies acknowledge that each
party to this Agreement shall retain all proprietary rights to such items as listed herein or any derivatives thereof, and any other items which are owned or
controlled by each party to this Agreement.
2.2 Advertiser and The Companies agree that items submitted for advertising on The Web Site (including but not limited to: names, logos, titles, statements,
nominations, and any other marketing and/or advertising language or thumbnails) are shared items for the purposes of: appearing on The Web Site on selected
advertising pages, and of appearing on selected promotional and marketing materials of The Companies, and as such, do not represent an unauthorized use of
proprietary items. Advertiser and The Companies agree that selected items owned by The Companies may be shared with Advertisers (including but not limited to:
seals, logos, phrases, names, titles, artwork, intellectual property), and these items may, with prior written authorization, be utilized in some marketing and/or
advertising locations, materials, and/or web sites owned or produced by the Advertiser as approved by The Companies.
3. DISCLOSURE
3.1 Advertiser and The Companies agree that without express, written, prior approval, neither will disclose the material terms of this agreement to any third party
for any reason, except as required by law. The existence of this agreement may be disclosed without prior written consent of either entity.
3.2 Advertiser, The Companies, their employees, representatives, and agents, will not be construed to be partners, fiduciaries, employees, agents,
representatives, or joint ventures of the other. The relationship between Advertiser and The Companies is that of buyer and seller, respectively. Nothing in the
Agreement creates a joint venture or partnership between The Companies and Advertiser. Neither The Companies or Advertiser can contractually bind the other
in any respect beyond the scope and conditions of this Agreement.
4. PERFORMANCE
4.1 The Advertiser must submit at least one of the following: one (1) exact, active Uniform Resource Locator (URL) to link the advertisement placed on the
appropriate page of The Web Site, as determined by The Companies, to the Advertiser's web site; one (1) exact, active email address to an Advertiser recipient
mailbox so The Web Site visitors may contact Advertiser. Advertiser's final copy content must contain content acceptable for public use, as determined at the sole
discretion of The Companies; copy must fit into the allowed advertising space, as determined at the sole discretion of The Companies; copy must be in an
acceptable format, as determined at the sole discretion of The Companies. Advertiser may submit changes to advertising copy but a change fee will apply and all
changes are subject to the terms and conditions stated herein and implementation and/or publication of said changes shall be at the sole discretion of The
Companies. If an Advertiser desires a link from The Web Site's Boomer Friendly Employers page to Advertiser's web site employment page, all terms and
conditions stated herein shall apply as applicable. Said link may be deactivated at any time within the prepaid advertising period at the Advertiser's direction, but
under no circumstances shall The Companies refund any portion of the prepaid advertising upon deactivation of said link.
4.2 The Companies agree to place approved Advertiser's information on The Web Site no later than 20 business days after receipt, if at the sole discretion of The
Companies; all submitted items meet requirements for submissions to The Web Site and are deemed to be appropriate content for The Web Site; submitting
Advertiser is deemed to be lawfully operating a legal business that is not deemed to be socially unacceptable, which shall be determined at the sole discretion of
The Companies; submission is complete and all information is accurate; and advertising fee has been paid in full. Advertiser has no claim to exclusivity of listing on
The Web Site and no authority over The Companies' selection of other advertisers for The Web Site. The Companies reserve the right: to accept or reject any
and all advertising submissions for any and all reasons; to cancel and/or remove any and all advertising from The Web Site for any reason whatsoever, at any
time, with or without notice to the Advertiser, without regard to whether the link or the advertising was previously acknowledged, accepted, approved, paid for,
advertised, or published. Any unused portion of advertising (to be determined on a prorated basis of remaining valuation as determined at the sole discretion of
The Companies) will be refunded to Advertiser upon cancelation of this Agreement by The Companies. In no case shall there be any proration given for any
portion of the fee paid for the current calendar month in which the advertising is removed by either party, for any reason.
4.3 The Companies will: market The Web Site, add new content on a regular basis and encourage visitors to return to the The Web Site for the benefit of all
Advertisers. The Companies will issue press releases regarding The Web Site and about individual Advertisers joining The Web Site. Advertiser will obtain prior
written approval before issuing press releases or other public statements announcing Advertiser's placement on The Web Site. The Companies, upon
pre-approval, may allow Advertiser to incorporate press releases, screen shots of The Web Site pages, marketing materials and messages, seals, logos, and other
proprietary items of The Web Site and/or The Companies in the Advertiser's web pages and other advertising.
4.4 This Advertising Agreement shall not be automatically extended. Approximately 30 days prior to Agreement's expiration date (as determined by paid length of
advertising Agreement), The Companies or the Advertiser may initiate contact to discuss renewing the Agreement. At that time, Advertiser may submit new
advertising materials without incurring a change fee or Advertiser may elect to continue with current ad copy. At the sole discretion of the Companies, a new
advertising rate may apply. The Agreement may be renewed as long as Advertiser is deemed to be "Boomer Friendly" (which is determined solely at the discretion
of The Companies) and wishes to advertise a legal, socially acceptable business, as determined at the sole discretion of The Companies.
5. LICENSES AND INDEMNIFICATION
5.1 The Advertiser represents that it owns or is licensed to use the entire contents and subject matter of its advertising and its web site, including but not limited to,
and without limitation: names, pictures, copyrighted material, trademarks, products, services, and all other proprietary and non-proprietary content. (Due to recent
rulings, The Companies will not accept any advertisement copy that includes endorsements or testimonials from any person and/or entity.) In consideration of The
Companies accepting materials for publication on The Web Site from Advertiser that contain, but are not limited to such content and subject matter, the Advertiser
indemnifies The Companies against all loss, damage, expenses, and liability of any type, including but not limited to those arising from other parties copying,
printing, infringing upon, publishing, distributing, or utilizing in any way such content and subject matter. The Advertiser grants The Companies the right to use,
reproduce, distribute, publish, copy, and utilize the Advertiser's contents and subject matter on The Web Site and in The Companies' marketing materials without
liability of any type.
5.2 Advertiser bears full responsibility for its customer service and satisfaction, including without limitation, order processing, billing, shipping, collections, returns,
exchanges, refunds, and all other customer support associated with Advertiser's products or services offered or sold on The Web Site. Advertiser will collect, pay,
indemnify and hold harmless The Companies from any sales tax or other use, excise, import or export, value added or any other tax or duty arising from advertising
and sales garnered through visitors to this site, including attorneys fees, any penalties and/or interest and other costs due to collection or withholding. Said
provisions shall survive the end of this Agreement, whatever the reason for its expiration or termination.
6. LIMITATION OF LIABILITY/WARRANTY DISCLAIMER
6.1 The Companies shall not be liable for any content errors or omissions. Liability for errors leading to termination of this agreement shall be limited to the
prorated cost of the remaining adverting purchase (to be determined on a prorated basis of remaining valuation, determined at the sole discretion of The
Companies. The Companies shall not be liable for publishing delays due to any events beyond our direct control, including, but not limited to: acts of God, acts of
government entities, transportation issues, strikes, network or server difficulties, electronic or equipment failure and/or malfunction, or any other issues related to
The Web Site.
6.2 The Companies do not represent that The Web Site will meet the objectives, or the needs of Advertiser or web site visitor. The Companies shall not be held
liable for any failure, disruption, interruption, down time, errors of any kind, delays, inaccuracies, miscalculations, connection speeds, browser issues, technical
problems, software issues, worms, viruses, malware, or any other types of nonperformance, damage, or other malicious or mischievous events related to The Web
Site.
6.3 The Companies shall not be liable for any damages of any kind, without limitation for lost income or profits, lost customers, the quality, suitability, safety, and/or
behaviors of job applicants, loss of reputation based upon posted comments about the Advertiser's business in any location or forum, products, services, or loss of
any type arising from this Agreement. The Companies specifically disclaim any warranty of and responsibility of any type for: the number or type of visitors to The
Web Site; the number of visitors that access the Advertiser's content, web site, or business location(s); nature, purpose, intent, or source of clicks, click through
rates, impressions, actions, or any other measures of activity to the Advertiser's site; and The Companies may not report such statistics to Advertiser.
6.4 Advertiser agrees to indemnify, defend and hold harmless The Companies, their officers, owners, directors, agents, affiliates, franchises and employees from
and against all actions, liabilities, claims, losses, expenses, damages and costs (including, and without limitation, attorneys fees) that may be incurred by them due
to suits, claims or proceedings regarding claims for: libel, defamation, right to privacy or publicity violations, copyright, trademark, and any other infringement,
product liability, fraud, false advertising, misrepresentation, or violation of any law, statute, rule, or regulation by the Advertiser, its agents or its representatives. All
damages under this Agreement shall not exceed Advertiser's fee for advertising on The Web Site, less previously described proration.
6.5 By agreeing to The Companies terms herein, and The Web Site's Terms and Conditions of Use and/or Listing, Advertiser waives claims that Advertiser might
otherwise have in other jurisdictions, and Advertiser irrevocably consents to the exclusive jurisdiction of, and venue in, State or Federal Courts in the State of
Wisconsin over any disputes or claims Advertiser has with The Companies. Advertiser waives its right to a trial by jury and submits to the personal jurisdiction of
courts located in the State of Wisconsin for the purpose of resolving any such claims or disputes with The Companies. In no event shall The Companies be liable
to the Advertiser for more than the amount to be paid by Advertiser during the year in which the liability accrues. This Agreement contains the entire Agreement of
The Companies and the Advertiser and should any part of this Agreement be found invalid, for any reason, the remaining portion of the Agreement will remain in
full force and in effect. Agreement does not encompass any other language or provisions, either real or implied, found in other "Standard Terms and Conditions
for Internet Advertising" agreement platforms or at other "Internet Advertising For Media Buys" sources drafted by other entities.
7. PROHIBITED USES
7.1 Advertiser shall not, and shall not authorize any party to fraudulently generate impressions, inquiries, clicks, or other actions. Advertiser shall not, and shall
not authorize any party to scrape or extract data or to access or collect unauthorized information. Advertiser shall not, and shall not authorize any party to
advertise any service or product to be an inappropriate use of The Web Site, which shall be determined solely at the discretion of The Companies. Advertiser shall
not, and shall not authorize any party to mislead or attempt to mislead users of The Web Site. Advertiser shall not, and shall not authorize any party to violate the
terms of the Agreement, including all terms and policies incorporated into the Agreement by reference. Advertiser shall not, and shall not authorize any party to
violate the rights of others, including without limitation intellectual property rights. Advertiser shall not, and shall not authorize any party to attempt to gain
unauthorized access to any services, accounts, systems or networks by means of hacking, password mining, or any other means.
8. REPRESENTATIONS AND WARRANTIES
8.1 By paying the advertising invoice, Advertiser warrants that: Advertiser has the full right, power, and authority to enter into this Agreement; that Advertiser has
the will and the ability to perform the acts required of it under this Agreement; that owner(s) and/or operator(s) of Advertiser's business is/are of full legal age
required to execute the Agreement; that this Agreement shall constitute a legal, valid, and binding obligation to Advertiser, enforceable against Advertiser, in
accordance with the terms and conditions contained and referenced herein. By accepting payment from the Advertiser, The Companies warrant that: The
Companies have the full right, power, and authority to enter into this Agreement; that The Companies have the will and the ability to perform the acts required of it
under this Agreement; that The Companies are owned and operated by persons of full legal age required to execute the Agreement; that the Agreement shall
constitute a legal, valid, and binding obligation to The Companies, enforceable against The Companies, in accordance with the terms and conditions contained and
referenced herein.
8.2 Captions and headings used in this Agreement are for convenience only and shall not affect the interpretation of or the meaning of this Agreement.
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