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ADVERTISING
STANDARD TERMS AND CONDITIONS

Effective May 25, 2004

1. General - A signed Insertion Order must be submitted to Homepokertourney.com in advance of initial publication date. By submitting advertising for inclusion on Homepokertourney.com, Advertiser agrees to be bound by the terms of this agreement. No conditions other than those set forth herein shall be binding on Homepokertourney.com unless specifically agreed to in writing by Homepokertourney.com. Homepokertourney.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser.

2. Payment - Payment in full must be received by the first calendar day of each month. All rates are based on a one calendar month period.

3. Changes and Cancellations - Modification requests must be provided in writing at least 5 business days prior to effective date. Limit one modification request per calendar month. Either Homepokertourney.com or the Advertiser may cancel this Agreement at any time by giving the other party written notice of cancellation at least thirty days prior to the effective date of the cancellation, if the other party has not complied with the terms and conditions of this Agreement. Homepokertourney.com may so cancel this Agreement if the Advertiser has failed to make any payment when due or has become bankrupt, or if insolvency proceedings are instituted by or against the Advertiser, or if it is reasonably appears that the Advertiser's credit is impaired.

4. Limitation of Liability Due to Interruption of Service - Any failure, interruption, or delay in presenting the broadcasts provided for under this Agreement, either in whole or in part, resulting from technical difficulties or mechanical failure of computer equipment or internet service, or from strikes, labor disputes, boycotts, riots, civil insurrection, war or national emergencies, governmental restrictions, acts of God, or from any other cause beyond the control of Homepokertourney.com, shall not constitute a breach of this Agreement. Any damages sustained by Advertiser as a result of HomePokerTourney.com's breach of this Agreement shall be limited to an amount equal to the monies paid by Advertiser to HomePokerTourney.com, pursuant to this Agreement, during the billing period in which the incident occurred.

5. No Representations or Warranties or Damages - ALL SERVICES PROVIDED TO ADVERTISER THAT ARE THE SUBJECT OF THESE TERMS AND CONDITIONS ARE PROVIDED WITHOUT WARRANTIES OF ANY NATURE, AND EACH OF HomePokerTourney.com AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER HomePokerTourney.com OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IF HomePokerTourney.com OR ANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HomePokerTourney.com OR ANY OF THEIR AFFILIATES BE LIABLE TO ADVERTISER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY HomePokerTourney.com FROM ADVERTISER FOR THE ADVERTISEMENT(S) AT ISSUE.

6. Usage - Unless otherwise agreed to by HomePokerTourney.com in writing, HomePokerTourney.com makes no guarantee of a particular level of usage of number of impressions for any advertisement, or the number of visitors, or page views.

7. Right to Reject Advertisement - All contents of advertisements are subject to HomePokerTourney.com's approval. HomePokerTourney.com reserves the right to reject or cancel any advertisement, insertion order, URL link, space reservation or position commitment, at any time, for any reason whatsoever (including belief by HomePokerTourney.com that placement of advertisement, URL link, etc., may subject HomePokerTourney.com to criminal or civil liability), without bearing any liability for damages to Advertiser.

8. No Assignment or Resale of Ad Space - Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract without liability to HomePokerTourney.com.

9. Indemnification - By submitting content for advertising, the Advertiser represents that it has the rights to use such material without infringing upon any trademark or copyright. Advertiser agrees to indemnify and hold harmless HomePokerTourney.com and its affiliates against any losses or expenses incurred by HomePokerTourney.com in connection with any claims arising out of publication of the submitted material.

10. Miscellaneous - This Agreement is subject to the terms of the licenses held by HomePokerTourney.com and to all federal, provincial, and municipal laws, regulations, and decisions, either presently in existence or enacted in the future, including the regulations and actions of all governmental administrative agencies and commissions. The failure of HomePokerTourney.com to object to, or to take affirmative action concerning, any conduct of the Advertiser that is in violation of these terms shall not be construed as a waiver of the right to object or to take affirmative action with respect to that conduct or with respect to any future breach of this Agreement or other wrongful conduct. In the event of any material breach of this Agreement, including a failure to make any payments required under the Agreement, the other party shall have to option to immediately cease all performance under this Agreement in addition to exercising any other available rights and remedies. If any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provisions had never existed. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party. These fees may be set by the court in the trial of the action or may be enforced in a separate action brought for that purpose, and shall be in addition to any other relief that may be rewarded.

11. Reporting - Unless otherwise agreed to in writing by HomePokerTourney.com, you will receive the following emailed weekly reports: a) the number of visitors to the site, b) the average number of visitors to the site, c) the number of page views, d) the average number of page views, and, e) the number of click-throughs on your ad.

12. Banner Ad Specifications - All banner advertisements must meet the following requirements unless otherwise agreed upon in writing by HomePokerTourney.com.

12.1 Max Resolution: 120x64 pixels or 120x120 pixels.
12.3 Max file size: 30K by USA standards.
12.3 Max alt text: 30 characters.
12.4 Target URL must be live at time of submission, max 100 chars (including ‘http://’ prefix).
12.5 All banner ad graphics, target URL’s, and text are subject to approval before placement on the site.
12.6 All image files are submitted by customer in final form as they will appear on the site.
12.7 No Flash or Shockwave ads will be accepted.

13. Banner Ad Positioning Guidelines - Except as otherwise expressly provided in the Insertion Order, positioning of advertisement within the HomePokerTourney.com properties or on any page or page border is at the sole discretion of HomePokerTourney.com.

13.1 Right side brown border?

Your 120x60 or 120x120 pixel banner ad will be inserted somewhere in the brown border located on the far right side of the page. It will not be placed at the top of the border. Once inserted, an ad will not change positions, relative to the other ads and the overall page layout, without prior agreement of both parties.

13.2 Top right side brown border

Your 120x60 or 120x120 pixel banner ad will be inserted at the top of the brown border. It will not be placed at the top of that border. Contact me for details about exactly where your ad will appear within the border. Once inserted, an ad will not change positions, relative to the other ads and overall page layout, without prior agreement of both parties.

13.3 Bottom corner border (left or right)

Your 120x60 or 120x120 pixel banner ad will be inserted at the top of the brown border. It will not be placed at the top of that border. Contact me for details about exactly where your ad will appear within the border. Once inserted, an ad will not change positions, relative to the other ads and overall page layout, without prior agreement of both parties.

14. Hard copy ads

Your ad will be published in a downloadable and printable HomePokerTourney document. Your ad will be included on one document for a period of six calendar months.

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