Double D’s TV Display Advertising

Double D’s (DD’s) will not be liable for indirect, special or consequential damages for any loss of revenue, profits or data arising in connection with this agreement or the Digital Display Ads, even if DD’s has been advised of the possibility of such damages. Further, DD’s aggregate liability arising with respect to this Agreement and the Digital Display Ads will not exceed the total advertising fees paid or payable to DD’s under this Agreement during any 30-day period.

DD’S MAKES NO IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE DIGITAL DISPLAY ADS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY OR NO INFRINGEMENT). IN PARTICULAR, AND NOT BY WAY OF LIMITATION, DD’S DOES NOT WARRANT THAT THE DIGITAL DISPLAY ADS WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTION OR DURING MAJOR SPORTING EVENTS. DD’S WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. DISPLAY ADS REQUIRE PREPAYMENT, NO REFUNDS. A MAXIMUM OF TWENTY (20) DISPLAY AD UNITS ARE AVAILABLE, AND DISPLAY AD UNITS ROTATE FOR EQUAL SHARE OF VOICE.  ALL ADVERTISING AND DIGITAL DISPLAY AD SERVICES ARE PROVIDED ON AN “AS-IS,” AS AVAILABLE BASIS. 

DD’s reserves the right to edit, alter, omit, rewrite or refuse any information submitted for posting to the Digital Display at any time. Photographs, text or graphics provided by Advertiser are accepted upon the representation that Advertiser has the right to commercially use the intellectual property submitted. In consideration of such posting to the Digital Display, Advertiser agrees to indemnify and hold DD’s harmless against any expense and/or loss by reason of any claims arising out of posting of submitted materials to the Digital Display. 

DIGITAL DISPLAY AD: Advertiser represents and warrants to DD’s that advertisements shall not contain any matter that is obscene or libelous, violates any person’s right of privacy, infringes upon common law, statutory copyright or trademark, and that is otherwise contrary to law.

Advertiser shall indemnify and hold DD’s, its officers, directors, employees and agents harmless from any claim, loss, damage, amount paid in settlement, cost of expense (including reasonable attorneys’ and other professional fees) incurred or suffered by any of them by reason of breach of this warranty. DD’s reserves the right to alter or reject any advertisement that contravenes its general rules for acceptance of advertising or that in its opinion, may expose DD’s to any liability, but DD’s failure to exercise this right will not relieve Advertiser of any of its obligations under this paragraph.

RATES: DD’s reserves the right to revise its advertising rates at any time. All fees are pre-paid. No refunds. Advertiser will be notified four weeks in advance of any rate increases, and shall have the option to cancel without penalty if it chooses not to continue advertising. Advertiser may not assign this Agreement, by operation of law or otherwise, without DD’s prior written consent. This Agreement is made and entered into in Santa Clara County, California, and California law applies. DD’s and Advertiser are independent contractors and nothing in this agreement shall be construed to a partnership or joint venture. This is the entire agreement between the parties and may only be amended in writing signed by both parties. 

Agreement shall have an initial term of 6-months or 1-year. Thereafter, this Agreement shall renew automatically, successive terms of 6-months or 1-year, each commencing on the anniversary date hereof. This Agreement shall be terminable only upon written notice by either party sent to the other party.