Advertising Terms and Conditions
1. The EnglishClub ESL Display Network (“Publisher”) accepts advertisements for publication on the terms and conditions set out below (“Terms”).
2. These Terms apply to online advertisements on Publisher’s properties www.englishclub.com, www.tefl.net and www.easyenglish.com (Websites).
3. By placing an order the entity placing the order (“Advertiser”) accepts and agrees to be bound by these Terms in full.
4. ADVERTISER DATA: Publisher and its service providers will use Advertiser data solely in relation to Advertiser’s advertising campaign. All such Advertiser data will be treated as the confidential property of Advertiser and will not be disclosed by Publisher to any third party other than Publisher’s service providers for the purpose of Publisher complying with its obligations under these Terms without the consent of the Advertiser.
5. ADVERTISEMENT CREATIVE: Materials furnished by Advertiser for Advertisement must be provided no later than the specified deadline and in accordance with the Website technical specification.
6. HARMLESSNESS OF ADVERTISEMENT: Advertiser guarantees to Publisher that: information supplied in connection with Advertisement is accurate and not misleading; Advertisement is legal, decent, honest and truthful and not contrary to any applicable law; Advertisement will not be prejudicial to the image or reputation of Publisher or Websites; Advertisement will be free of viruses, adware, malware, bit torrents, and will not cause an adverse effect on the operation of Websites. Advertiser agrees to indemnify Publisher and to hold Publisher harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Publisher arising out of or related to Advertiser’s breach of any of the foregoing.
7. HARMLESSNESS OF LANDING PAGE: Advertiser guarantees that any landing page or destination site linked to from Advertisement will be legal, decent, honest and truthful; not be contrary to the provisions of any applicable law; not be libellous or obscene; not be prejudicial to the image or reputation of Publisher or Websites; be free from viruses, adware, malware, and/or bit torrents; not cause an adverse effect on the operation of Websites; and comply with applicable data protection and privacy laws.
8. RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: Publisher reserves the right to refuse any advertising request, for any reason technical or otherwise at its sole discretion, or to cancel advertisements that violate these Terms.
9. STATISTICS AND ADVERTISING PROGRAM: Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served Advertiser agrees that the figures provided by Publisher’s applicable third party provider will be final. Publisher reserves the right to make changes to Websites and to its advertising program at any time without notice.
10. FUTURE ADVERTISING: Publisher makes no guarantee or offer of first refusal to Advertiser for the renewal of Advertisement after the end date or to advise Advertiser of the approach of the end date. Advertising is sold strictly on a first-come first-served basis.
11. PAYMENT: Publisher reserves the right to hold Advertiser liable for any and all amounts owed. If payments are not made in a timely manner, Publisher at its option, may terminate the Order immediately.
12. LIMITATION ON DAMAGES: IN NO EVENT WILL PUBLISHER BE LIABLE TO ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the laws of England.