Bean Counter's Advertiser/Sponsor Agreement & Terms
Get Ready Here Comes My Attorney.
I hate how you have to cover your tail nowadays. It's not like the good ole handshake days.
I promise that I'm not asking you for your wife or first born.
Bean Counter's Advertiser/Sponsor Agreement & Terms
By becoming an "Advertiser/Sponsor," you agree to be bound by these terms and conditions and any modifications.
In this Agreement, "you", and "your" refers to the Advertiser/Sponsor. You agree that any of your agents,
representatives, employees, or any person or entity acting on your behalf with respect to
Bean Counter's Advertiser/Sponsor Program shall be bound by, and shall abide by, these Terms and Conditions and
any policies or guidelines posted on our web site. If any inconsistency or contradiction exists, this document overrides any
web site postings.
You further agree that you are bound by these Terms and Conditions whether you are
acting on your own behalf or on behalf of a third party, including another sponsor.
Methods and Terms Of Payment
Advertiser/Sponsor Payments are paid in advance and are made using PayPal, credit card, or a
mutually agreed upon method.
Compliance with Bean Counter's Advertiser/Sponsor Standards
All Advertiser/Sponsor Listings must be approved by Bean Counter.
Bean Counter reserves the right to terminate
any Advertiser/Sponsor Listing(s) for any or for no reason.
Sponsor Content, Slot Sizes and Slot Locations
Bean Counter is not responsible for errors or omissions in any advertiser/sponsor materials provided by the
or its representative.
You are solely responsible for your choice Of Advertising Slots, your Message Content,
and URLs whether provided
by or for you.
Rates and Periods
Bean Counter periodically reviews any its rates and periods and may at its discretion change any or all
rates and related
Termination / Cancellation and Refunds
At any time, for any reason or for no reason, you and/or Bean Counter may terminate the Agreement and/or your
participation in the Advertiser/Sponsor Program including removing your sponsor slot(s).
Refunds are provided by Bean Counter for any whole unused period or periods. Portions of a period
are not included in the Refund Calculation.
Advertiser/Sponsor is solely responsible for any legal liability arising
out of or relating to their Sponsor Listing(s). Advertiser/Sponsor represents and warrants that (i)
the Advertiser/Sponsor's Listing(s) complies with Bean Counter's Terms; (ii) Advertiser/Sponsor holds the necessary
rights to permit the use and display of the Advertiser/Sponsor Listing(s) by Bean Counter for the purposes
of this Agreement;
(iii) the use, reproduction, distribution, or transmission and display of the Advertiser/Sponsor Listing(s)
will not violate
any civil or criminal laws, rules or regulations or any rights of any third parties. Advertiser/Sponsor agrees to indemnify,
defend and hold Bean Counter harmless from any and all liability, loss, damages, claims, or
causes of action, including reasonable legal fees and expenses that may be incurred by Bean Counter,
arising out of or related to the Advertiser/Sponsor Listing(s) or Advertiser/Sponsor's breach of any of
the foregoing representations and warranties.
Bean Counter's Warranty Disclaimer
Bean Counter shall not be responsible for loss or corruption of
data in transmission, or for failure to display the Advertiser/Sponsor Listing(s) due to any events.
In the event Client terminates its relationship with Bean Counter prior to
the expiration of their Advertiser/Sponsor Slot(s), Bean Counter's sole liability to Advertiser/Sponsor
shall be a refund to the
Advertiser/Sponsor of a pro rata portion of the fee which the Advertiser/Sponsor has paid to Bean Counter for any
remaing full periods
the Advertiser/Sponsor Listing(s) was not yet displayed. Portions of unused periods are not included in the refund
Disclaimer of Liability
Bean Counter SHALL HAVE NO LIABILITY WHATSOEVER, UNDER ANY CIRCUMSTANCES, FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OR FOR LOST PROFITS, OR FOR CLAIMS AGAINST
SPONSOR BY THIRD PARTIES, WHETHER BASED ON TORT OR BREACH OF CONTRACT CLAIMS OR ON ANY OTHER BASIS,
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY
OF Bean Counter SHALL BE LIMITED IN ALL EVENTS TO A REFUND OF UNUSED TIME CAlCULATED ON A PRO-RATA
BASIS for FULL UNUSED PERIODS.
Modifications, Changes or Additions of Terms To This Agreement
Any changes to this agreement will be noted as a change and added in the section of
this agreement affected. The change will be dated and the change(s) applied and used
with any transactions entered into between the Advertiser/Sponsor and Bean Counter as of this date or later.
A new version containing just the currently active terms and conditions may also be
There are no covenants, promises, agreements, conditions or understandings,
either oral or written, between the parties relating to the subject matter of this Agreement other than
as set forth herein. No representation or warranty has been made by or on behalf of a party to
this Agreement or any officer, director, agent or employee thereof, to induce the other party to enter
into this Agreement, except representations and warranties expressly set forth herein. Neither party shall
be liable for delays in performance hereunder due to causes beyond its reasonable control, including,
but not limited to, acts of God, strikes, inability to obtain labor or materials on time, any delay,
failure, interruption or corruption of data or other transmission over any local exchange, interexchange
or Internet backbone carrier lines or through routers, switches and other devices owned, maintained
and serviced by any third party carrier or utility or Internet service provider beyond the control or
jurisdiction of Bean Counter.
This Agreement shall be governed by the laws of the State of
Tennessee, United States of America.
BY enrolling as a Advertiser/Sponsor or purchasing advertiser/sponsor slots, THE PERSON DOING SO REPRESENTS AND
WARRANTS THAT (i) HE OR SHE IS 18 YEARS OF AGE OR OLDER; (ii) HE OR
SHE HAS THE POWER AND AUTHORITY TO BIND ADVERTISER/SPONSOR; (iii) ADVERTISER/SPONSOR
HAS READ AND UNDERSTANDS THIS AGREEMENT; (iv) ADVERTISER/SPONSOR ACCEPTS
THIS AGREEMENT; AND (V) YOU ARE AGREEING THAT YOU ARE OBLIGATED TO THIS
AGREEMENT AS IF YOU HAD SIGNED WITH PEN AND PAPER.