ADVERTISING AGREEMENT

Please read, agree, and fill out form below.

THE HOMESKOOLERY ADVERTISING AGREEMENT

 

  This Advertising Agreement (the “Agreement”) is made between (fill out company name below) (the “Advertiser”), and The Homeskoolery LLC, a Texas limited liability company (“TH LLC” or the “Company”).  
  1. Services Provided. In exchange for payment of the fees (“Fee”) set forth in Exhibit 1 (attached), Advertiser will receive the selected ad placement on TH LLC’s website www.thehomeskoolery.com (the “Ad”).
 
  1. Payment. Advertiser agrees that TH LLC may charge the credit card provided for the agreed upon Fee. Advertiser will update the credit card information as necessary from time to time and will hereby waive the right of chargeback or otherwise to seek a refund from his or her credit card company. Advertiser agrees that all fees are nonrefundable.
 
  1. No Results Guaranteed. By purchasing the Ads, the Advertiser accepts, agrees and understands that no results are guaranteed. TH LLC does not guarantee that the Advertiser will get any clicks, impressions, views, likes or sales.
 
  1. Approval by Company. Company reserves the right to approve the content and layout of all advertising submitted by Advertiser in its sole discretion.
  1. Term and Termination. This Agreement will become effective on the date both parties sign the Agreement and TH LLC receives the non-refundable payment from Advertiser. Advertiser may terminate the Ads with thirty (30) days’ notice.
  1. Non-disparagement. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Advertiser nor any of Advertiser’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, TH LLC or any of its programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
 
  1. Confidentiality. TH LLC agrees that this relationship, as well as all information that is shared with TH LLC, shall be confidential. Notwithstanding the foregoing, nothing in this Agreement shall prohibit or restrict either party from lawfully (a) initiating communications directly with, cooperating with, providing information to, causing information to be provided to, or otherwise assisting in an investigation, inquiry, or legal process by any governmental or regulatory agency, entity, or official(s) (collectively, “Governmental Authorities ”) regarding a possible violation of any law; (b) making any other disclosures that are protected under the whistleblower provisions of any applicable law; (c) making a disclosure in the belief that any individual is in imminent danger to themselves or others; or (d) TH LLC discussing an aspect of the Services with colleagues while keeping the name and identity of the Advertiser confidential.
 
  1. Force Majeure. TH LLC shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, epidemics, pandemics, government orders or any other force majeure event. Upon the occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform and complete its obligations for any period of time exceeding 48 hours. Required notification shall be provided to the affected party not later than fourteen (14) days after the event in question, giving the reason for its non-compliance and a detailed account of the Force Majeure, as well as the obligation or condition affected.
 
  1. Choice of Law. This Agreement will be construed and enforced under the laws of the State of Texas. The Parties agree that all disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state courts sitting in Montgomery County, Texas and the federal courts in the Southern District of Texas-Houston Division.
 
  1. Dispute Resolution. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in The Woodlands, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.
 
  1. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given by electronic mail at the following addresses:
TH LLC: info@thehomeskoolery.com Advertiser: to the email address provided   The sender shall request a delivery receipt upon sending and notice shall be effective upon receipt by sender of successful delivery notification.
  1. No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
 
  1. Waiver. The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future or construed as consent to any breach of the terms of this Agreement.
  1. Advertiser Warranty. Advertiser represents and warrants by submitting the advertising to the Company, that all fact contained in the ads will be true and correct, and there will be no defamatory statements, no invasion of privacy and Advertiser will indemnify, defend and hold harmless the Company from any and all claims, demands or damages arising out of any Ad submitted by Advertiser, including attorney fees and costs.
  1. Release and Indemnity. THE ADVERTISER ON BEHALF OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUBLICENSES, ASSIGNS, HEIRS, AND SUCCESSORS HEREBY WAIVES, RELEASES, INDEMNIFIES AND HOLDS HARMLESS, AND COVENANTS NOT TO SUE TH LLC AND TH LLC’S MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, SUBLICENSES, ASSIGNS, HEIRS, AND SUCCESSORS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURIES, DAMAGES, LIABILITIES, EXPENSES (INCLUDING ATTORNEYS’ FEES) OR LITIGATION ARISING OUT OF OR FROM THE SERVICES PROVIDED BY TH LLC, WHETHER ARISING OF THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR ACTIONS BASED ON OR ARISING OUT OF THIS AGREEMENT.
  1. Damages Cap. Notwithstanding anything herein to the contrary, for any and all claims, causes of action, lawsuits, equitable claims, or arbitrations (collectively the “Actions”), arising out of or related to this Agreement, the total potential liability to Advertiser and any of its members, managers, officers, directors, employees, agents, representatives, licensees, sublicenses, assigns, heirs, and successors by the TH LLC and any of its managers, members, employees, agents, or attorneys; and TH LLC’s affiliates’ owners, employees, agents, or attorneys (the “Capped Parties”) is capped for all purposes at the greater of $500 or the total amount paid for Services under this Agreement (the “Cap”) including but not limited to negligence, gross negligence, or intentional misconduct. Advertiser agrees to waive the collective total of any damages or claims it otherwise would have had against the Capped Parties above the amount of the Cap.
 
  1. Severance. The legal invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision, and in the case that any part of this Agreement is determined to be invalid or unenforceable, this Agreement will be construed as if such invalid or unenforceable provision was omitt
  1. Complete Agreement. This Agreement constitutes the final, complete, and exclusive Agreement between the Advertiser and TH LLC regarding the matters contained in this Agreement. The Parties represent that they are not relying upon any oral promise in signing this Agreement, and the only promises relied on are those set forth in writing in this Agreement. This Agreement may be modified or amended only by a written instrument signed both Parties. The headings contained in this Agreement are strictly for convenience and shall not be used to construe meaning or intent.
 
  1. Counterparts and Electronic Signatures. The Parties agree that this Agreement may be signed in counterparts, and electronic signatures shall be treated as an original and with the intent to authenticate the Parties’ signature.
         
**By filling out the information below, you are agreeing with this document. **This is considered a digital signature.
Bronze Package - Ad Size 150 x 150px
Silver Package- Ad Size 150 x 150px
Gold Package- Ad Size 300 x 300px & 150 x 150px
Platinum Package- Ad Size 300 x 300px