Please read the following Business Listing and Advertising Agreement carefully. By using our sites and our services, you hereby agree to be bound by all terms incorporated herein. If you do not expressly agree to all of the terms and conditions then do not use our sites or our services.
2. Business Advertising Agreement
This Business Advertising Agreement (hereafter referred to as the “Agreement”) is made and entered into this by and between the business Owner, Manager or other Authorized Representative, (hereafter referred to as the “Client”) and Magnify the Fox.
WHEREAS, Magnify the Fox owns and operates a web site identified www.magnifythefox.com (the "Website"),
Whereas, the Client desires to have text-based links, images, business details, attachments, and other services as specified in their selected Package (the “Listing”) placed on the Website to promote its products and services,
Whereas, the Client may opt to have offers, sales, events, and image-based advertisements published on the Website as specified in their selected Package (the “Advertisements”),
In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows:
3. Advertisement Display and Services
Magnify the Fox agrees to publish the Listing and Advertisements on the Website for 365 days commencing from the date payment for the services is received by Magnify the Fox. If the Client desires to remove the Listing or Advertisements from the Website or downgrade to a lower-priced Package prior to the end of this period, the Client must remove the Listing or Advertisements from the Website or request Magnify the Fox in writing. No refund will be made for such early withdrawal of the Listing or Advertisements unless done within 30 days from the date Magnify receives payment for the Listing and Advertisements.
The Client shall pay Magnify the Fox for publication of the Listing and Advertisements on the Website, the sum displayed for the selected Package upon registration. All fees and payments are due and payable upon the execution and delivery of this Agreement. The Listing will be displayed under the Free Package until payment is received. If in the event the Client defaults in making the full payment within 10 days, Magnify the Fox reserves the right to suspend the Listing and Advertisements posted on the website or only display it under the Free Package.
Client shall deliver the Listing information to Magnify the Fox digitally via the Control Panel on the Website. The Client shall be solely responsible for providing the Listing and Advertisements in the format required for display. The Client acknowledges that Magnify the Fox will not be responsible or liable for the quality of any portion of the Listing and Advertisements that do not meet the established mechanical criteria. If at any time the Client desires to modify his/her content, he/she shall provide the information via the Website Control Panel, or by a written request to Magnify the Fox specifying in detail the modification desired. Magnify the Fox shall, within a reasonable time, effectuate the modifications to the content.
The Client shall be fully responsible and liable for the content contained in the Listing and Advertisement. Magnify the Fox is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents of the Listing or Advertisement.
7. Prohibited Content
Listings and Advertisements shall not contain:
- any content promoting the use of alcohol, tobacco or illegal substances;
- any content promoting gambling, not including raffles, bingo or similar activities that are legal fund-raisers for nonprofit organizations or other entities as defined by Chapter 563 of the Wisconsin Statues.
- any content containing or promoting nudity, sex, pornography, or adult-oriented content;
- any content which is explicative or inappropriate language;
- content promoting illegal activity, racism, hate, "spam", mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law;
- content that is libelous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by Magnify the Fox in its sole discretion.
Use of any such inappropriate content by the Client will result in the suspension, termination, and removal of the Listing or Advertisement or any other action deemed necessary by Magnify the Fox in its sole discretion.
Any business that sells pornography, or adult-oriented products or services is prohibited from obtaining Advertising or a Listing.
Additionally, any business that makes more than fifty percent of its profits from the sale of alcohol or tobacco products including electronic cigarettes and similar products is prohibited from obtaining Advertising as well as Platinum or Gold level Packages.
Magnify the Fox reserves the right to review and approve the suitability of the Listing or Advertisement submitted. Magnify the Fox may reject or cancel any Listing or Advertisement for any reason which it believes in good-faith to be detrimental. If Magnify the Fox so rejects the Client's Listing or Advertisement or terminates its display this Agreement is still in force. However, in such a case the Client has the right to terminate the agreement, and Magnify the Fox will return any prepaid advertising fees to the Client.
Magnify the Fox reserves the right to reject applications for Listings or Advertisements for businesses that meet any of the following criteria:
- The business does not have physical location inside the Fox Valley as determined by Magnify the Fox,
- The business primarily sells adult products,
- The business is a Casino or other gambling establishment.
The Client grants Magnify the Fox a limited, nontransferable, non-exclusive license to copy, use, store, set up, publicly display, publicly perform and transmit the Client’s Listing and Advertisement (including any tradenames, trademarks and service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, Magnify the Fox will remove the Client’s Listing and Advertisement, and cease further display of the Listing and Advertisement.
Nothing in this Agreement grants the Client any right to use the name, trademark, or service mark of Magnify the Fox in any advertisement, sales promotion, or press release without Magnify the Fox’s prior written approval.
10. Proprietary Rights
The Client acknowledges that the contents of the Magnify the Fox Website, including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by Magnify the Fox, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of Magnify the Fox.
The Client retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Listing and Advertisement, the Client’s trade names, trademarks, and service marks therein.
11. Client Warranty
The Client warrants to Magnify the Fox that:
- The Client has the right and authority to enter into and perform its obligations under this Agreement;
- The Listing and Advertisement shall conform to the description and specifications set forth by Magnify the Fox;
- The Listing and Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
- The Listing and Advertisement does not and shall not contain or be alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person's trade secret, name, likeness or identity;
- The Listing and Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spyware or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Magnify the Fox or the users of the Website.
The services and site are provided “as is” without warranty of any kind, express or implied and any use of the services or Website are at the Client’s sole risk. Magnify the Fox does not warrant that the services or Website will be uninterrupted or error-free, nor does Magnify the Fox make any warranty as to the performance or any results that may be obtained by use of the services or Website. Magnify the Fox makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, concerning the subject matter of this Agreement.
13. Independent Contractor
Magnify the Fox shall provide the Services as an independent contractor and Magnify the Fox shall not act as an employee, agent or broker of the Client. As an independent contractor, Magnify the Fox will be solely responsible for paying any and all taxes levied by applicable laws on its compensation. Magnify the Fox understands that the Client will not withhold any amounts for payment of any taxes from Magnify the Fox’s compensation.
- Either party may terminate this Agreement for convenience by providing fifteen (15) days written notice (“Termination Notice”) to the other party.
- If a party violates its obligations to be performed under this Agreement, the other party may terminate the Agreement by sending a fifteen (15) days notice in writing. Upon receiving such notice, the defaulting party shall have fifteen (15) days from the date of such notice to cure any such default. If the default is not cured within the required fifteen (15) day period, the party providing notice shall have the right to terminate this Agreement.
Magnify the Fox shall not assign any of their rights under this Agreement, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Client and any attempt by Magnify the Fox to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on:
- the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or
- on the second business day following deposit if delivered by mail in the United States with postage prepaid, and sent to the correct address.
17. Governing Law
This Agreement is to be construed in accordance with and governed by the internal laws of the State of Wisconsin, USA.
18. Dispute Resolution
All disputes under this Agreement shall be settled by arbitration in Outagamie County before a single arbitrator pursuant to the commercial law rules of the American Arbitration Association. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
20. Limitation of Liability
In no event shall either party be liable to the other party for any indirect, incidental, consequential, special or exemplary damages, including without limitation, business interruption, loss of or unauthorized access to information, damages for loss of profits, incurred by the other party arising out of the services provided under this agreement, even if such party has been advised of the possibility of such damages. In no event will neither party’s liability on any claim, loss or liability arising out of or connected with this agreement shall exceed the amounts paid to Magnify the Fox by the Client.
Each party shall at its own expense indemnify and hold harmless, and at the other party’s request defend such party its affiliates, subsidiaries, successors and assigns officers, directors, employees, sub-licensees, and agents from and against any and all claims, losses, liabilities, damages, demand, settlements, loss, expenses and costs (including attorneys’ fees and court costs) which arise directly or indirectly out of or relate to:
- any breach of this Agreement, or
- the gross negligence or willful misconduct of a party’s employees or agents;
22. Entire Agreement and Amendment
The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.
By requesting a Business Account the Client agrees to the terms of this Agreement with Magnify the Fox.
Magnify the Fox
926 Lawe St.
Kaukauna, Wisconsin 54130
Telephone: (920) 212-1760