ADVERTISING AGREEMENT
Maine Niche.com

Advertising Agreement shall be referred to herein collectively as the "Agreement". Maine Niche.com shall be referred to herein as "Maine Niche." Maine Niche shall be the sole and final arbitrator of whether or not any advertising material is appropriate for inclusion www.maineniche.com. As used in this Agreement, the term "Advertiser" shall refer to the ads provided by the advertiser, as well as any text included thereon.

Maine Niche makes no warranties, express or implied, other than those presented in this Agreement. Maine Niche reserves the right to refuse any advertisement for any reason. Maine Niche reserves the right to discontinue online advertisements solely within the discretion of Maine Niche.

TERMS AND BILLING
Maine Niche will begin set-up of the service upon customers review and acceptance of this online Advertising Agreement; also, full payment is due before set-up can begin. Upon accepting the Agreement, it is asked that the Advertiser register to establish a Login Account. In the event of changes to your Account, the Advertiser shall be responsible to promptly notify Maine Niche in writing, fax, by email of any changes in Advertiser's Account information.

PAYMENT INFORMATION
Rates
Advertiser shall pay full amount at time of service. All fees are subject to change without notice.

Method of Payment
All advertisements are prepaid in advance and are non-refundable. Payments may be made at Maine Niche for specified services.

In the event the advertiser shall be granted credit with Maine Niche, the Advertiser agrees that if payments are delinquent for advertisements and the account is referred to an attorney for collection, the Advertiser will be liable for payment of all court costs, expenses and reasonable attorney fees incurred in the collection of said account.

Method of Collection
There is a $25.00 service charge for each returned check. There is a $40.00 collection fee for each item charged back. Accounts that are delinquent may have their services terminated without notice.

WARRANTIES AND LIMITATIONS OF LIABILITY
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, (2) any claims or misrepresentations made via the Advertisement, and/or (3) any material to which users can link through the Advertisement.

Advertiser represents and warrants that: (1) the material provided to Maine Nich is original, copyrighted material belonging to Advertiser, or that Advertiser has obtained any and all rights, permissions and licenses necessary for Maine Niche to use the material in the preparation of Advertiser's ad and in any other printed matter prepared by the Maine Niche in the normal course of business; (2) the use, reproduction, distribution or transmissions of Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation.

Advertiser agrees to idemnify and hold Maine Niche from any and all liability, loss, damages, claims, or causes of action, and/or third party claims, arising out of or related to Advertiser's breach of any of the foregoing representations and warranties, including reasonable fees and expenses.

IN NO EVENT WILL MAINE NICHE 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 MAINE NICHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MODIFICATIONS TO AGREEMENT
The Advertiser agrees, during the period of this Agreement, that Maine Niche may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on notification to the Advertiser by e-mail or regular mail.

AGREEMENT TERMINATION
Maine Niche reserves the right to discontinue online advertisements in the event that Maine Niche has received more than one unresolved compliant, or for any other reasonable grounds, solely within the discretion of Maine Niche.

Either party for any reason upon a 15-day notice may terminate this Agreement at any time prior to the last month of this Agreement via email, fax or U.S.P.S. mail (except for acceptable use violations, such as outstanding balance). There is no partial refund/reimbursement for any part of the remaining term for Maine Niche srvice.

Maine Niche will make every effort to stop displaying online ad immediately upon receipt of such notice. The Advertiser agrees that by canceling the Agreement, it forfeits all fees paid in advance.

GOVERNING LAW
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notification to us shall be sent to:

MAINE NICHE.COM
Katahdin Avenue
Millinocket, ME  04462

And, in the case of notification to you it shall be to the address specified in our records as your "Account Information."

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AGREEMENT ACCEPTANCE

I agree with the above conditions of the Advertising Agreement

Please This e-mail address is being protected from spam bots, you need JavaScript enabled to view it  to send an email confirming your acceptance

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