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www.TheMillionDollarSearch.com | www.TheBillionDollarSearch.com
ADVERTISING CONTRACT
Advertising contract number: ____
closed today ____ / ____ /
1.1. S.C. ……MACOWAY …….. S.R.L. headquartered in …Sibiu, Vasile Milea street, number
…12….., block of flats …12…, staircase …A.., floor …1…, apartment …15., area/region
………Sibiu……, with CUI nr. ……RO32244993……, attribute tax indices …RO….., and Trade register number J32 / …237 / …2008…….….,
account number. ……RO96RZBR0000060010115571………. opened at …Raiffeisen
Bank Sibiu Branch….., telephone …0040.269.235.055…,Mobile: 0040-745168814…,fax
……………, represented by …………Macovei Ovidiu …………, with the function……Marketing
Director ….as Provider
and
(this information will be automatically completed when you first
sign up for an account and will be sent to you by e-mail)
1.2. Mr./Mrs./Miss.......................... ...................................................................
or
II. THE OBJECT OF THE CONTRACT
2.1. The object of the current contract
is the granting of advertising services by the Provider to the Beneficiary,
consisting in the promotion of an advertising material, chosen by the
Beneficiary, and of one or more “keywords” that will direct the search within the
interface of the website to the advertising material chosen and edited by the
beneficiary.
Selling advertising space within the website www.macoway.com will be undertaken by the owner of the site.
The acquisition of the advertising space can be made
automatically, the payment being automatically registered online, through a
direct payment system.
2.2. The Provider is alone entitled to offer the carrying into effect of a
personalized section within the “virtual MALL” of the website www.macoway.com, and is bound by the current
Contract to grant the Beneficiary, should he request this type of service, the
necessary space to store the promotional materials as well as secure the
complete maintenance of the virtual shops within these online “MALLS”.
III. DURATION OF THE CONTRACT
3.1. The duration of the Contract is unbound
(LIFELONG) but with a yearly fee, starting with the date of its signing. LIFETIME RANK = Historical RANk - the Order of Keywords Aquisition.
IV. THE PRICE OF THE CONTRACT
4.1. The Price stipulated in the present Contract is 1 USD ($)/ character / year, the
total price being:
a) The Price for the realization of a virtual shop within the website www.macoway.com will be negotiated and suited
for the needs of the customer (Beneficiary). The yearly maintenance price is
150 Euro and includes hosting, maintenance and the updates of the private
sections within the virtual MALL. (this price doesn’t include
the advertising nor the selling of the “keywords” )
4.2. In order to
obtain the agreement of the Beneficiary, the Provider will provide thye
Beneficiary with an estimation containing the description of the project and
its costs.
4.3. Should the Beneficiary consent to the estimation, the Beneficiary is bound
to make the full payment:
a) by the date:……………………..;
4.4. The billing will be made in full or by instalments according to the
specifications of the
point 4.3
4.5. The Payment shall be made from the account of the Beneficiary to....( the form which the Beneficiary wishes to make the
payment ).
V. OBLIGATIONS ON BEHALF OF THE PARTS
5.1. The Provider binds himself to:
a) to upload the advertising material on the mentioned web-site.
b) to check the fulfilment of the standards and of the
terms of the Contract
c) to obtain the agreement from his suppliers, for the exposure and use of
materials like: texts, photos, drawings etc.
5.2. The Obligation of the Beneficiary:
a) not to undertake any changes in the advertising material, without regarding the Terms of the Contract
b) not to alienate the acquisitioned “keywords” , without regarding the Terms of the Contract
c) to pay the mentioned price in the amounts and at the dates
stipulated in the present Contract
5.3. The Provider takes full responsibility for the quality
and quantity of the materials developed for the Beneficiary and binds himself to put them at his disposal at any time the
Beneficiary should ask, throughout the duration of the Contract.
VI. PENAL STIPULATION
6.1. For the inappropriate fulfilment of the obligations stipulated by contract, the guilty part is obliged to return (refund) the entire overall received for publicity in the case when the key words purchased and the publicity material appropriate were modified or wiped without the beneficiary's consent.
VII. TRANSFER OF THE CONTRACT
7.1. The Parts will not transfer the rights and obligations, provided in the
present Contract, to a third party, without the written agreement on behalf of
the other Part.
7.2 The written agreement needs be handed to the transferor in 30 days from the
time of the announcement that Contract will be transferred. If the agreement
hasn’t been handed in by that time, it shall be presumed that the transferor
has undertaken the transfer of the Contract.
VIII. THE CEASING OF THE CONTRACT
8.1. The present Contract rightfully ceases, without the need of intervention
on behalf of a law court, should one of the Parts:
a) transfer the
rights and obligations, provided in the present Contract, without the agreement
of the other Part.
b) break one of his/her obligation, after being warned through a written
notification, by the other Part, that a new breach of the Contract will have as
an effect the ceasing of the present Contract.
c) is unable to make the payment or he is declared
bankrupt, before the begin of accomplishment of the Contract clauses.
8.2 The Part that wishes to cease the present Contract will notify the other Part at
least......days in advance before the judicial ceasing comes into force.
IX. FORCE MAJEURE
9.1. None of the contracting Parts is responsible for the non-performance at
the specified time or the – total or partial - inappropriate accomplishment of any
obligation stipulated in the present Contract, should the non-performance of
the obligation be caused by Force Majeure.
9.2. The Part that pleads for Force Majeure is bound to notify the other Part,
15 days in advance, from the time of its starting and should undertake any
means to limit the consequences of the event.
9.3. If Force Majeure doesn’t come to an end in 30 days of its starting, the
Parts are entitled to notify the rightful ceasing of the present Contract,
without the right to ask for restitution for the damages.
X. NOTIFICATIONS BETWEEN THE PARTS
10.1. Notifications between the Parts are valid, under the condition of them
being sent to the registered office, stipulated in the first page of the
present Contract.
10.2. Should the notification be sent via mail- service, it will be sent as a
registered letter, with confirmation of its reception (A.R.) and will be
considered to be received from the date stipulated in the register of the
recipient postal office.
10.3. Should the notification be sent via e-mail, it will be considered
received on the first working day after the notification has been sent.
10.4. Verbal Notification shall not be taken into consideration, if they do not
receive confirmation on behalf of the other part, by one of the methods
mentioned in the preceding points.
XI.OWNERSHIP OF THE MATERIALS AND ADVERTISING SPACES
11.1.The legal Right for the Ownership of the
materials produced by the Provider and presented to the public in the medias,
as well as the other means for advertising belong to....the website.... www.macoway.com...and/ or the company S.C.
MACOWAY S.R.L.
11.2. The Beneficiary does not have the right to sell or
copy the materials produced by the Provider.
11.3. The online advertising system " Keywords
" of the website www.macoway.com will
not be reproduced, copied or vandaliyed in any way, without drawing legal charges
upon whoever does not respect these rights . www.macoway.com | www.TheMillionDollarSearch.com
is the legal owner of this system and owns Copyright for this advertising
system.
XII. CONFIDENTIALITY CLAUSE
12.1. The Parts are bound to keep the confidentiality of the data, information
and documents they will possess as a result of the
accomplishment of the stipulations in the present Contract.
XIII. REZOLUTION OF THE DISPUTES
13.1. Any dispute, regarding or as a result of the present Contract, shall be
solved by the Parts in an amicable manner.
13.2. Should the dispute not be solved in an amicable way, they will be solved
by the competent legal instances.
XIV. FINAL STIPULATIONS
14.1. Changes in the present contract will be undertaken only with the
condition of the parts signing an addendum to the contract.
14.2. The present contract has been signed in..............................copies,
all with the status of the original, of which a number of
....................copies have been handed to each party.
14.3. Should the databases
www.macoway.com | www.TheMillionDollarSearch.com be
deteriorated from a technical point of view, or vandalised in any way that may
lead to losses of the stored data, the present Contract will entitle the
beneficiary, as legal owner of the already mentioned “keywords” to the free
replacement of the lost data. www.macoway.com | www.TheMillionDollarSearch.com
is bound to replace the information in its database should it be vandalized.
14.4. The advertising program " Keyword$ " is the legal
intellectual property of SC MACOWAY SRL and any copying, partial
or total reproduction of this programme will lead to a legal suite on basis of
intellectual theft under copyright laws.
PROVIDER:
BENEFICIARY:
Date: