1. Schooljano.com, and "Advertiser", enter into this Advertiser Agreement ("Agreement") to establish the terms and conditions by which Advertiser may display advertisements on Schooljano.com properties
2. This Agreement, in conjunction with the corresponding Release Order, shall constitute the entire agreement between Schooljano.com of the one part, and the Advertiser, its Advertisers and Agents (herein collectively referred to as "Advertiser") of the other part.
1. Schooljano.com is an advertising medium and a platform where students come for information on education; and
2. Schooljano.com acts as an interface between the education seeker and an education provider
3. Schooljano.com cannot govern the volume of responses from students for specific activities
4. Schooljano.com sole obligation to the Advertiser is to promote the Advertiser's products or services by showing banners, taglines, text links or SMS or email creative ("Creative") provided by the Advertiser on site(s) across the Schooljano.com online properties or in email transmissions or through SMS text messages.
5. The submission of a signed release order by Advertiser to Schooljano.com is construed as an acceptance of all the rates, terms and conditions under which advertising is sold at that time. Advertiser agrees that Schooljano.com may, but is not obligated to, display creative across the Schooljano.com online properties or on specific site(s).
6. Schooljano.com may, at its option, modify the launch date of a campaign(s) if the creative or linking URLs are not delivered on time, there are delays due to 3rd party ad-serving, inventory fluctuation or other issues. All rates quoted herein, orally, or through written communications are only valid fifteen (15) days from date of such statement. If no agreement is reached within this time frame Schooljano.com reserves the right to change rates. In case the Advertiser alters any changes in the criteria of the leads, Schooljano.com is at a liberty of reviewing the overall deal period without affecting the contracting value.
7. All payments will be made in advance unless agreed upon otherwise or credit is approved and Schooljano.com is under no obligation to perform agreed upon services until payment is received.
8. It is the sole responsibility of the Advertiser to provide the necessary Creative as per Schooljano.com requirements.
9. It is the Advertisers responsibility to validate all impressions, clicks, leads and/or acquisitions. The Advertiser must report any discrepancies related to their campaign to Schooljano.com within seven (7) days of the occurrence. Schooljano.com is not liable for any discrepancies not reported within this time frame and Advertiser waives all right, title, and intent to dispute payment to Schooljano.com based upon any discrepancy not reported within this time frame. No feedback will be entertained on lead quality 7 days from the day of assignment of the lead in the Advertiser's account. Furthermore, no refund claims will be entertained on grounds of unsatisfactory leads the feedback for which has come beyond this time frame. Notwithstanding the foregoing, no refund claims whatsoever will be entertained in respect of branding solutions.
10. Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by Schooljano.com
11. If Advertiser fails to pay overdue invoices for previous campaigns, Schooljano.com reserves the right to immediately terminate any active campaigns.
12. Either party may cancel this Agreement upon providing one month's written notice via email, fax or Indian Post/Courier services. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full. Any cancellation notice will be based on the date the written notice was received by Schooljano.com.
13. If Advertiser fails to pay overdue invoices for previous campaigns, Schooljano.com reserves the right to immediately terminate any active campaigns.
14. In the event Advertiser pays with credit card, Advertiser expressly agrees not to charge back on credit card account. Advertiser agrees to follow dispute resolution agreement as specified in section 7 herein.
15. All payments must be made in US Dollars for non India based Advertisers and INR for India based Advertisers. Advertiser understands and agrees that in no event, and under no circumstance will data provided by any Schooljano.com representative constitute final billing numbers. Only invoices mailed directly to Advertisers and Agencies are to be construed as representative of billable amounts.
16. schooljano shall not have any liability to the advertiser for lost profits or other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability), even if advised of the possibility of such damages. in any event schooljano's total obligations and/or liability can never exceed the charge for the advertisement in question. except as expressly set forth herein, schooljano makes no other warranties to advertiser and disclaims all warranties of merchantability or fitness for a particular purpose.
17. All Creative is accepted and published upon the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof. Advertiser agrees to indemnify and hold Schooljano.com, its Publishers or Lists Providers and its respective affiliates, employees, officers, agents, directors and representatives harmless from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") for any claim or suits for libel, defamation, violation of rights of privacy, plagiarism, attorney's fees, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) contained in creative or the unauthorized use of any person's name or photograph, arising from Schooljano.com reproduction and publishing of such creative pursuant to Advertiser's submission.
18. Advertiser guarantees that data regarding consumers gained by this campaign will be only used for legal purposes and Advertiser will indemnify, defend and hold harmless the Schooljano.com Indemnified Parties from any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation reasonable attorney's fees) and losses which result from any claim of damages brought or sought against Schooljano.com that alleges consumer data gained by this campaign was used for any purpose in violation of any applicable laws. Schooljano.com will have sole control over the litigation or settlement of such claim. The provisions of this Paragraph shall survive the termination of this Agreement.
19. Advertiser agrees not to resell, market, or transfer any data regarding consumers gained through this campaign to any third party unless expressly permitted by Schooljano.com in writing.
20. Schooljano.com not liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond Schooljano.com control affecting production or delivery in any manner.
21. Parties have disclosed or may disclose to each other information relating to each party's business (including, without limitation, data and other information pertaining to publisher mobile sites/services, affiliates and vendors that are or have been part of the Schooljano.com online properties), all of which to the extent previously, presently or subsequently disclosed to each other is "Proprietary Information". Proprietary Information does not include information that each party can document is or becomes (through no improper action or inaction of each party or its representatives (as defined below)) generally known by the public, was in its possession or known by it without restriction prior to receipt from the other party or becomes available to a party from a source other than the other party or its representatives having no obligation of confidentiality. ("Representatives," when used with respect to either party, means that party's affiliates, agents, officers, directors, consultants and employees). Parties agree to hold Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions each party employs with respect to its most confidential materials), not to make any use whatsoever at any time of such Proprietary Information, except for the purpose of evaluating the results of Advertiser's advertising campaign, not to copy any Proprietary Information for any purpose whatsoever without written permission from each party, and not to divulge any Proprietary Information or any information derived there from to any third party or employee, except those of each party's employees who have a legitimate "need to know" and are bound in writing to the restrictions herein. Each party will be responsible for a breach of this Agreement by any of its Representatives. Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Proprietary Information and will cooperate with the other party in every reasonable way to help regain possession of such Proprietary Information and prevent its future unauthorized use.
22. It is agreed that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be exclusively governed by Indian law, with the jurisdiction of the courts at Lucknow. The prevailing party of any litigated dispute arising out of or relating in any way to this Agreement shall receive its reasonable attorney's fees, together with its costs and expenses incurred resolving the dispute as part of the judgment.
23. Failure of either party to require strict performance by the other party of any provision shall not affect the first party's right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach
24. Advertiser is willing to collaborate with press releases and/or be mentioned as a new Advertiser.
25. All leads provided are registered users of Schooljano.com and have expressed interest to be contacted by Schooljano.com partners.