Copy part one of this contract to your computer, complete the form and return it via email or by postal mail. Also, don't forget to include a copy of your ad banner.
Send to the attention of Jim Stevens at Blackflix.com (Email is preferred):
postal mail (Blackflix.com, 3402 N. Reed St., Wheat Ridge, CO 80033).
Send all payments to Blackflix.com at:
Blackflix.com, 3402 N. Reed St., Wheat Ridge, CO 80033.
1. Ad Specifications
URL you want the banner linked to ("http://...." ) or include the html of your tracking code:
Email address you want the banner linked to:
Which Blackflix.com web page do you want your banner to appear on:
Where on our web page do you want your banner to appear:
___ Top of page
___ Side panel (left)
___ Side panel (right)
Date ad is to start:
Date ad is to end:
30-day or 15-day payment amount (rates are listed below):
The undersigned is legally empowered with due corporate authority to enter into this contract and agrees to be bound by the terms and conditions of this contract.
Name of advertiser or agency:
Authorized representative (if different from advertiser):
Date Submitted (this is also the acceptance date by Blackflix.com):
Insertion order # (if used):
3402 N. Reed St., Wheat Ridge, CO 80033
Authorized representative: Jim Stevens
All ads are supplied by the advertiser and must conform to the pixel dimensions indicated.
Our fee schedule is extremely (and intentionally) simple. We charge a 30-day flat-rate that is guaranteed for the life of each 30-day contract period. We also offer a 15-day flat rate at exactly one-half the 30-day rate.
30 day flat-rate fees:
(15-day rate is one-half the 30-day rate)
468x60 Top of Page Banner
*Home Page: $100 ($50 for 15 days)
*Secondary Main Menu Pages: $75 ($32.50 for 15-days) (per page selected)
*All other pages: $50 ($25 for 15 days) (per page selected for individual articles, movie reviews, etc.)
100x(150-max) Side Panel Banner
*Home page: $50 ($25 for 15 days)
*Secondary Main Menu Pages: $32 ($16 for 15 days) (per page selected)
*All other pages: $25 ($12.50 for 15 days) (per page selected for individual articles, movie reviews, etc.)
A properly executed contract must be submitted to Blackflix.com to initiate the publication of advertising on the Blackflix.com web site. By submitting advertising for inclusion on the Blackflix.com web site, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on Blackflix.com unless specifically agreed to in writing by Blackflix.com. Blackflix.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency. This contract supersedes all terms and conditions on Blackflix.com rate cards, and any previous agreements between Blackflix.com and advertiser/agency relating to the subject matter set forth herein. Blackflix.com's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Blackflix.com be obligated to serve advertisements for any other advertiser.
4. Banner and Changes and Cancellations
All banners must be provided by the advertiser/agency and must accompany a contract executed by the advertiser/agency. Cancellations or copy changes will not be accepted after the agreed start date of this contract. Changes to banners can be made by the advertiser/agency but must be received by Blackflix.com at least five days in advance of the requested change date. Ad banner specifications are as set forth in this agreement. Any cancellations or change orders must be made in writing and acknowledged by Blackflix.com. Change orders cannot be submitted any more frequently than once every fourteen days. This contract may be canceled (i) by Blackflix.com at any time without notice for reasons indicated in paragraph 7, or (ii) by advertiser/agency on 14 days written notice to Blackflix.com.
Unless otherwise agreed in writing, the contract fee is due upon the execution of this contract by the advertiser/agency. If payment is not made within 15 days of the execution of this contract, Blackflix.com, at its option, may immediately terminate the contract. In addition, advertiser/agency shall be liable to Blackflix.com for all attorney's fees and other costs of collection. Interest will accrue on any past due amounts at the rate of the greater of one and one-half (1 1/2%) percent per month or the lawful maximum. Blackflix.com shall have the
right to hold the advertiser and/or its agency or agent jointly and severally liable for all amounts due. Blackflix.com does not accept credit card payments. Payments should be made by check or money order.
The advertisement to be displayed on the Blackflix.com site must be included with the return of this contract by the advertiser/agency. Delivery of ad copy and contract can be made by email attachment and sent to Blackflix.com Ad Placement (attention Jim Stevens) at email address email@example.com.
The page and location exclusivity of the advertiser/agency's advertisement is guaranteed for the duration of the contract and is determined at the time the contract is signed. Allocation of a page and location within a page will be on a first-come basis and renewing advertiser/agencies with existing contracts will take precedence over requests from new advertiser/agencies.
8. Redesign of the Blackflix.com Site
Advertiser/agency acknowledges that, consistent with Blackflix.com's need for editorial discretion, Blackflix.com may redesign, delete or replace the pages on which the advertisement will be displayed or may redesign or replace the type of links, buttons, boxes and banners purchased by advertiser/agency; provided, that Blackflix.com will use good faith efforts to provide advertiser/agency with comparable links, buttons, boxes and banners on any re-designed or replacement pages.
Blackflix.com reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the advertiser/agency, if such advertisement or link is found to advertise ethnic or distinctive hate content, sexual adult oriented content or the conditions of this contract, whether or not such advertisement or link was previously acknowledged, accepted, or published.
10. Licenses and Indemnification
Advertiser/agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertising and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Blackflix.com. In consideration of Blackflix.com's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Blackflix.com and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any representations made therein, (ii) Blackflix.com's performance under this contract, and (iii) the copying, printing, distributing, or publishing of advertiser's/agency's advertisements by Blackflix.com. Advertiser/agency grants Blackflix.com the right to use, reproduce, publicly display, and distribute the advertisements and warrants that advertiser/agency has the right to grant such license.
11. Limitation of Liability
In the event (i) Blackflix.com fails to publish an advertisement in accordance with the schedule agreed to in this contract, or (ii) of any other failure, technical of otherwise, of such advertisement to appear as provided in this contract, the sole liability of Blackflix.com to advertiser/agency shall be limited to, at Blackflix.com's sole discretion, a pro rata refund of the advertising fee representing undelivered days, placement of the advertisement
at a later time in a comparable position, or extension of the term of this contract until total days are delivered. UNDER NO CIRCUMSTANCES WILL BLACKFLIX.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF BLACKFLIX.COM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
12. Choice of Law and Forum
This contract shall be interpreted and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of laws provision, and with the same force and effect as if fully executed and performed therein. Each party hereby consents to the exclusive personal jurisdiction of the State of Colorado, acknowledges that venue is proper only in any state or Federal court in the State of Colorado, agrees that any action related to this contract must be brought in a state or Federal court in the State of Colorado, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.
No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. Advertiser/agency 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 Blackflix.com. If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by Blackflix.com shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; Blackflix.com will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of Blackflix.com.