The following terms and conditions apply to the EagleONE Packet Advertising Contract (Contract) between EagleONE, the person or entity identified as the Client in the Contract, and the person or entity signing the Contract (Client). Questions and/or comments regarding the information contained with this Contract should be sent to adv@eagle1group.com.
General Summary:
EagleONE organizes and manages programs offering packet of free photos to a select audience, referred to as a Campaign. Each photo is attached to an advertisement card. The Surfaces of these advertisement cards are populated by Clients’ ads. Each packet has 40 Surfaces into which ads may be placed.
The Contract stipulates four specific points: the name of the Campaign, the number of packets into which the Client’s ad will appear, the total cost for participating in said Campaign and the target start date when the Client’s ad will be begin to appear. It should be noted that packets will only be produced once all 40 Surfaces have been filled; The target start date is only an estimate and should not be construed as a guarantee.
Packet Program Ads:
Print ads must be submitted as press-ready JPGs with hi-res images that are at least 300 dpi. Final print size will be 8 inches by 6 inches (2,400 x 1,800 pixels). Images should include an additional bleed line expanded to 8.125 inches by 6.125 inches (2,438 x 1,838 pixels). Printer’s marks (crop marks, registration marks, etc.) must not be included in the file. Artwork must be submitted electronically by published art deadline and uploaded to EagleONE’s ad submission site ({something}.eagle1group.net). Username and password will be supplied upon successful payment.
File Requirements:
Payment Terms:
All fees are due upon execution of this document. Invoices will be sent to the email address as noted in the agreement. All payments must be made by ACH (preferred) or credit card. If an advertiser chooses to use a credit card, a 3% fee will apply. Payment is due upon receipt and no later than 45 days prior to the target start date. In the event an account is not paid 45 days prior to the target start date, all scheduled advertising will be canceled.
Publication Liabilities:
(a) Indemnification by the Client. Except as otherwise expressly provided, the Client shall indemnify and hold EagleONE harmless from and against any loss, expense (including attorney’s fees) or other liability resulting from any claim or suit for defamation, liable, slander, plagiarism, illegal competition or trade practice, false or misleading advertising, infringement of trademark, service mark, trade name, infringement of copyright or proprietary rights, violation of the right of privacy or any other claim or suit of any nature resulting from the advertising provided by the Client or based on material or information furnished by the Client to EagleONE. (b) Indemnification by EagleONE. EagleONE agrees to indemnify, severally and not jointly, and hold the Client harmless from and against EagleONE gross negligence or willful misconduct where the Ad is prepared and produced by EagleONE, excepting any loss that may result directly or indirectly from material or information furnished by the Client. EagleONE will in no case be liable for any amount above the amount paid by its client for the campaign. In the event of a disagreement the laws of the State of Ohio will govern this agreement.
Advertising Agencies:
Any person or entity signing the Contract as an advertising agency on behalf of the Client represents and warrants that such person or entity has full power and authority as an agent of the Client to bind the Client to all of the terms and conditions of the Contract, including but not limited to, the obligation for payment in the event of the Agency’s failure to do so. In the event the Agency does not have such power and authority, the Agency agrees to pay EagleONE and guarantee the payment of the Total Contract Amount in full.
Changes/Cancellations:
Changes to artwork will be accepted and implemented solely at EagleONE’s discretion. No cancellations by the Client will be permitted after payment is received. EagleONE has the right to cancel the Contract at any time upon the default or delay by the Client in the payment of any amount due or other material breach on the part of the Client. Upon such cancellation, all fees for publishing not previously paid shall become immediately due and payable. The Client shall have no claim for damages against EagleONE for breach of the Contract. Under no circumstances will EagleONE have any liability whatsoever to an Agency.
Inability to Publish:
Should EagleONE be unable to issue packets on a Campaign’s target start date specified in the Contract due to any cause of any kind beyond EagleONE’s reasonable control, such as, but not limited to, incomplete/unfilled Campaigns, acts of God, strikes or other labor difficulties, war, riots, changes in laws and regulations, other acts of government authorities, inclement weather, fire, flood, unavoidable casualties, delays in transportation of materials, or inability to obtain timely delivery of materials from suppliers, EagleONE will not be liable to the Client. In the event of such delay, EagleONE will restart issue of packets as soon as possible.
