The Website Advertising Agreement is in substance the same as the Website Advertising Terms and Conditions, both documents are legally binding and provide the same level of protection, the only difference is in their format. The Terms and Conditions are a little less formal than the Agreement as they have been designed for incorporation into a website. The Website Advertising Agreement is in traditional agreement form and should be signed in hard copies by both parties to the agreement.
The Website Advertising Terms and Conditions should be used by publishers wanting to enter into contracts with advertisers where they provide advertisers with space on their websites and/or other online publications in consideration for the advertisers agreeing to pay the required fees.
These Website Advertising Terms and Conditions can be incorporated into any website and are accepted by advertisers when they place an order for an advertisement.
This Website Advertising Agreement has been drafted to protect the interests of the publisher, rather than the advertiser. This Agreement is biased in favour of the publisher rather than the advertiser since it contains provisions where the advertiser gives various warranties in relation to the advertisements and agrees to indemnify the publisher for any breach of warranties and other provisions contained in the Agreement.
In general, the advertiser warrants that:
- the advertisements are legal, decent, honest and truthful;
- the advertisements comply with the relevant Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes and are not in breach of any relevant legislation or regulation, which applies to specific advertisers, products or services;
- the advertisements will not breach any contract with a third party or infringe any copyright, trade mark or other proprietary right of any third party or otherwise be unlawful or render the publisher liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever;
- the advertiser has all necessary rights, licences and consents to incorporate or to allow the incorporation by the publisher of the advertisement.
Also, the advertiser agrees to indemnify the publisher and keep it indemnified at all times against all claims, proceedings, demands, damages, liabilities, costs, expenses or any other loss whatsoever arising in connection with or further to the advertisement and any breach of the advertiser’s obligations under the Agreement.
On the other hand, the publisher warrants that it shall provide the advertising service with reasonable care and skill in a professional and timely manner and in-line with the specification. However, the publisher does not guarantee continuous, uninterrupted access by users of the sites but will use reasonable efforts to provide this.
Furthermore, the publisher reserves the right to refuse to publish an advertisement, or to omit, suspend or change the position of any advertisement accepted at its sole discretion. Also, the publisher reserves the right to remove advertisements immediately and without notice for what it considers justifiable legal reasons or on receipt of justifiable complaints.
This Website Advertising Agreement is fully comprehensive and complies with all current UK legislation and applicable codes including the British Code of Advertising Practice and other codes under the general supervision of the Advertising Standards Authority.
The Website Advertising Agreement contains the following clauses:
- Definitions and Interpretation
- The Publisher’s Obligations
- Intellectual Property Rights
- Rights and Obligations of the Advertiser
- Discretion as to Advertising Content
- Consequences of Termination
- Limitations of Liability
- Assignment and Sub-Contracting
- Force Majeure
- Entire Agreement
- Status of the Parties
- Rights of Third Parties
- Governing Law and Jurisdiction
This Website Advertising Agreement is in Microsoft Word format, written in plain English, easy to use and edit.