2. Catamaran Media will use its best
efforts to keep its Catamaranmedia.com service running
at all times and cannot be responsible for interruptions
in service due to circumstances beyond its control.
Advertiser expressly agrees that the use of
Catamaranmedia.com is entered at the Advertiser’s sole
risk. Neither Catamaran Media or its agents warrant that
the service will be uninterrupted or error free and
shall not be liable for any inability to use the
service.
3. If Advertiser does NOT fulfill
this contract obligation, the agreement will be
Automatically cancelled and the advertiser agrees to pay
the difference between the discount earned and amounts
previously billed.
4. Payment will be made within 30
days of billing. Consistent with Company collection and
credit policies, Catamaran Media reserves the right to
cancel this contract at any time during the contract
period if payments are not kept current. Should this
become necessary, the contract will be recalculated to
determine the rate the advertiser had actually earned.
Advertiser also agrees to pay all attorney’s fees if the
account becomes delinquent and must be given to an
attorney for collection and may be subject to a monthly
finance charge of 1.5%.
6. Advertising contracts do not
guarantee a specific rate. Contracts only establish
discounts off open rate card rates.
7. The Advertiser shall hold the
Company harmless and indemnify it from all damages,
costs and expenses of any nature whatsoever for which
the Company may become liable by reason of its
publication of Advertisers’ advertising. This contract
cannot be invalidated for typographical errors,
incorrect insertions or omissions in advertising
published. The company shall not be liable to advertiser
for any loss that results from the incorrect publication
of advertisements.
8. This agreement may not be assigned
or transferred by Advertiser or its Agency.
9. If Advertiser uses an agency, the Advertiser and
the Agency shall be jointly and severally liable for
payment in compliance with all terms of this contract.
Agency commissions, if any, shall apply to all space
charges and adjustments under this contract. This
agreement renders void any statement concerning
liability which appear on correspondence from the
Agency/Advertiser and is irrevocable without the written
consent of the Catamaran Media Credit Department.