School Advertising Subscriptions

→Educational Institutions (which include schools, colleges, universities, training facilities, etc.) agree to a 12 month subscription. The first 12 months of a subscription is billed at $50.00 per month plus 6% sales tax. LocalCareerFairs.com does not charge for any lead generation only a monthly fee. The Educational Institution agrees to pay a one time fee of $49.99, plus 6% sales tax, for web page creation and design that will be created by LocalCareerFairs.com's web team and posted on LocalCareerFairs.com's website. All home page advertisements are advertised on a per lead bases. Leads are charged at $17.00 each. Home page advertisement can be canceled at anytime. Education center advertisement is done on an annual contract as explained above. In your contract you can specify how many leads you would like to generate daily. You may also communicate this via email at info@localcareerfairs.com. You can make changes to the amount of leads you would like sent to your email box daily. Changes to your account will take 24 hours to become finalized. LocalCareerFairs.com does not guarantee any results from using any of our services.

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→School advertising is done on a subscription basis only. By starting a subscription with LocalCareerFairs.com you agree to complete a full 12 month contract (subscription). Payment is due monthly, no later than the fifth day of each month. You also agree that you are an authorized representative of the stated and subscribed Educational Institutions. If you would like to unsubscribe advertising services done though LocalCareerFairs.com your Education Institution will be responsible for any months unpaid that remain within the contracted 12 month period. After your initial 12 month contract you may discontinue your subscription at any time with a 30 day written notice. If you do not discontinue your services after your 12 month contract your subscription will be rolled over and you will be billed at the rate of $100.00 per month on a monthly basis (this is not a 12 month contract). Cancellations must be submitted in writing to LocalCareerFairs.com AND submitted via email at schools@localcareerfairs.com.
 

ADVERTISER AGREEMENT
UPDATED: November1, 2007

Upon executing an initial Insertion Order for advertising services, each of LocalCareerFairs.com, a LCF Company, and the advertiser party (“Advertiser”) set forth in such initial Insertion Order, agrees to be bound by the terms and conditions of this Agreement (the “Agreement”) with respect to such initial Insertion Order and all subsequent Insertion Orders.  The purpose of this Agreement is to set forth the terms and conditions upon which LocalCareerFairs.com will run Campaigns for Advertiser pursuant to Insertion Orders.  
1. DEFINITIONS.
a.         “Advertiser Content” means all written, graphic or other content provided by Advertiser to LocalCareerFairs.com, including any trademarks and service marks, for inclusion on the LocalCareerFairs.com Properties.
b.         “Campaign” means LocalCareerFairs.com inclusion of Advertiser as a participating school on the LocalCareerFairs.com Properties as set forth in the applicable Insertion Order and in this Agreement.
c.         “LocalCareerFairs.com Properties” means the LocalCareerFairs.com website located at www.LocalCareerFairs.com and such other internet sites as may be designated by LocalCareerFairs.com.
d.         “Confidential Information” means (i) the terms of this Agreement and Insertion Orders, (ii) all information related to Campaigns, LocalCareerFairs.com and its affiliates and partners and other advertisers, (iii) LocalCareerFairs.com marketing strategies, non-public financial and commercial information and trade secrets and (iv) all information provided by LocalCareerFairs.com directly or indirectly to Advertiser.
e.         “CPA” means the required payment by Advertiser for Leads in the amount set forth in the applicable Insertion Order.
f.          “Insertion Order” means an order document, in the form required by LocalCareerFairs.com, entered into by Advertiser and LocalCareerFairs.com, requesting specific Campaigns.
g.         “Lead” means each completed request for information submitted to Advertiser by LocalCareerFairs.com or such other action set forth in the applicable Insertion Order.
h.         “Service” means the running of Campaigns by LocalCareerFairs.com and any other services provided by LocalCareerFairs.com under this Agreement.

2. INSERTION ORDERS.  The initial Insertion Order must be executed by both LocalCareerFairs.com and Advertiser.  Each subsequent Insertion Order, and all modifications of Insertion Orders, shall be deemed entered into by a party upon express email confirmation of acceptance by an employee or designated representative of such party to the other party or upon such other means of confirmation as designated by LocalCareerFairs.com in advance.  In addition, each Insertion Order shall be subject to amendment as set forth in Section 15.c below.  LocalCareerFairs.com will have no obligation to provide any Services other than pursuant to an effective Insertion Order.  Each Insertion Order is incorporated herein by this reference. In the event of any inconsistency between an Insertion Order and this Agreement, this Agreement will control.

3. SERVICE. 
a.         No Design or Other Services.  Unless otherwise detailed in the applicable Insertion Order, Advertiser acknowledges that LocalCareerFairs.com is not obligated to provide any services other than running Campaigns for Advertiser or as otherwise expressly set forth in an Insertion Order.
b.         Advertiser Content.  LocalCareerFairs.com will use its reasonable efforts to work with Advertiser with respect to the content on the LocalCareerFairs.com Properties referencing Advertiser.  Unless set forth in the applicable Insertion Order, LocalCareerFairs.com will have the sole and final right to determine any content (including the placement and positioning of such content) on the LocalCareerFairs.com Properties referencing Advertiser, including without limitation the content of the applicable request for information form.  Upon request by LocalCareerFairs.com, Advertiser will submit all necessary Advertiser Content for inclusion on the LocalCareerFairs.com Properties.  Advertiser hereby grants to LocalCareerFairs.com and its affiliates a nonexclusive right to use and publish the Advertiser Content for the purpose of performing the Services.
c.         Advertiser must provide to LocalCareerFairs.com Lead filter specifications (such as by state of residence), if any, and any modification thereto, in writing in accordance with Section 19(i) below.  All changes to such filter specifications must be upon five (5) business days written notice to LocalCareerFairs.com. LocalCareerFairs.com will use commercially reasonable efforts to deliver no less than the number of Leads set forth in the applicable Insertion Order.  LocalCareerFairs.com does not guarantee such delivery.
d.         LocalCareerFairs.com will use commercially reasonable efforts to deliver to Advertiser only Leads that fall within the applicable filter specifications and that have all required information fields.  In the event that Advertiser receives leads that are out of filter specifications or that do not have all required information fields, Advertiser must notify LocalCareerFairs.com of the same within five (5) days of receiving such Lead.  LocalCareerFairs.com will review each matter on a case by case basis.  LocalCareerFairs.com DOES NOT MAKE ANY WARRANTY OR GUARANTY OF ANY KIND AS TO THE PERFORMANCE OR QUALITY OF LEADS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR GUARANTY: (I) OF THE VALIDITY OF ANY INFORMATION IN A LEAD OR OTHERWISE THE ABILITY TO CONTACT THE CONSUMER COVERED BY A LEAD, (II) THAT A LEAD IS NOT DUPLICATIVE OF OTHER LEADS, (III) OR THE LIKELIHOOD THAT A CONSUMER WILL ENROLL WITH ADVERTISER OR OTHERWISE ACQUIRE PRODUCTS OR SERVICES FROM ADVERTISER. 

4. LocalCareerFairs.com PARTNERS.  Advertiser acknowledges and agrees that LocalCareerFairs.com may provide the Services directly and/or via third party partners (including without limitation third-party internet content providers.  Advertiser hereby agrees that LocalCareerFairs.com may sub-license its rights under this Agreement to such third party partners for the purpose of performing the Services.  

5.  CAMPAIGN TERM.  LocalCareerFairs.com will use commercially reasonable efforts to commence each Campaign on the start date requested in the applicable Insertion Order.  Each Campaign will continue indefinitely until terminated pursuant to Section 6 below and/or as expressly provided in the applicable Insertion Order. 

6. CAMPAIGN MODIFICATIONS AND CANCELLATION.  School advertising is done on a subscription basis only. By starting a subscription with LocalCareerFairs.com you agree to complete a full 12 month contract (subscription). Payment is due monthly, no later than the fifth day of each month. You also agree that you are an authorized representative of the stated and subscribed Educational Institutions. If you would like to unsubscribe advertising services done though LocalCareerFairs.com your Education Institution will be responsible for any months unpaid that remain within the contracted 12 month period. After your initial 12 month contract you may discontinue your subscription at any time with a 30 day written notice. If you do not discontinue your services after your 12 month contract your subscription will be rolled over and you will be billed at the rate of $100.00 per month on a monthly basis (this is not a 12 month contract). Cancellations must be submitted in writing to LocalCareerFairs.com AND submitted via email at schools@localcareerfairs.com. LocalCareerFairs.com may terminate this Agreement, any Insertion Order or any Campaign at any time and for any reason whatsoever, or for no reason at all, by providing written notice thereof to Advertiser.

7. PAYMENT TERMS.  Advertiser agrees to pay to LocalCareerFairs.com the CPA set forth in the applicable Insertion Order.  Except as expressly provided for in the applicable Insertion Order, all payments are due Net 30 days from the date of each invoice.   All payments must be made to LocalCareerFairs.com via check, money order, cashier’s check and credit card payments.
a.         Credit Accounts.  Credit accounts may be established by LocalCareerFairs.com in its sole discretion and LocalCareerFairs.com may cancel or change the terms of such credit accounts at any time, subject to advance notice by LocalCareerFairs.com.  Such credit accounts shall be subject to a separate agreement to be entered into by LocalCareerFairs.com and Advertiser. 
b.         Payment Assignment.  LocalCareerFairs.com shall have the right to assign its right to collect and receive any and all payment, in whole or in part, due under this Agreement by Advertiser to any third party.  Advertiser acknowledges and agrees that such third parties are therefore limited third-party beneficiaries of this Agreement to the extent of such assignment.  Any payment to a third party pursuant to an assigned claim shall not relieve Advertiser’s obligations with respect to any payment not so assigned. 

8. FORCE MAJEURE.  Neither party will be liable for failure or delay in performing any of its obligations if such failure or delay is due to circumstances beyond the party’s reasonable control, including, without limitation, acts of God, any governmental body or failure of software or equipment of third-parties. 

9. WARRANTY DISCLAIMER.  EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3D ABOVE, LocalCareerFairs.com PROVIDES LEADS AND ALL SERVICES TO ADVERTISERS STRICTLY ON AN “AS IS” BASIS.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LocalCareerFairs.com EXPRESSLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND PARTNERS, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY BASED ON (A) COURSE OF CONDUCT, (B) INDUSTRY STANDARDS, (C) CUSTOM, (D) MERCHANTABILITY, (E) SATISFACTORY QUALITY, (F) FITNESS FOR A PARTICULAR PURPOSE, OR (G) NON-INFRINGEMENT.  ADVERTISER EXPRESSLY AGREES THAT USE OF ALL SERVICES ARE AT ADVERTISER’S SOLE RISK.

10. ADVERTISER WARRANTY.  Advertiser warrants and represents that: (a) Advertiser has the right and authority to permit the use, reproduction, distribution and transmission by LocalCareerFairs.com and its affiliates and partners of the Advertiser Content ; (b) the use, reproduction, distribution, or transmission of the Advertiser Content shall not, and the Advertiser Content does not, violate any foreign or domestic, federal, state, or local law or regulation, or any rights of any third party, including, but not limited to, any copyright, patent, trademark, trade secret, music, image, or other proprietary, property or contractual right, or constitute false advertising, unfair competition, invasion of privacy or rights of celebrity, or any other right of any person or entity; and (d) Advertiser will comply with all applicable foreign, federal, state and local laws, and the rules and regulations and orders promulgated and issued thereunder, with respect to Advertiser’s activities relating to this Agreement, including without limitation the collection, storage, use and disclosure of Lead information by Advertiser.

11. LIMITATION ON LIABILITY.  UNDER NO CIRCUMSTANCES WILL LocalCareerFairs.com BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF LocalCareerFairs.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY INSERTION ORDER AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, PROFITS OR DATA.  IN NO EVENT SHALL CLASSESUSA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING  TO THIS AGREEMENT, ANY AND ALL INSERTION ORDERS AND THE SERVICES EXCEED THE TOTAL AMOUNTS PAID BY ADVERTISER UNDER  THIS AGREEMENT IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. INDEMNIFICATION.  Each party will, at its own expense, defend, indemnify and hold harmless the other party for any and all liability, loss, damage, claim and expense, including reasonable legal fees and expenses that may be incurred by a party arising out of or relating to the other party’s breach of any provision or term of this Agreement. In addition, Advertiser will, at its own expense, defend, indemnify and hold harmless LocalCareerFairs.com for any and all liability, loss, damage, claim and expense, including reasonable legal fees and expenses, that may be incurred by LocalCareerFairs.com and/or LocalCareerFairs.com affiliates and partners arising out of or relating to (i) the content or subject matter of any Advertiser Content to the extent used by LocalCareerFairs.com or LocalCareerFairs.com affiliates and partners in accordance with this Agreement (including, but not limited to, allegations that any of the same  violates the rights of a third party (including intellectual property rights), causes emotional or physical injury to any third-party, is defamatory or obscene or violates any law, regulation or other judicial or administrative action) or (ii) any products or services provided by Partner. 

13. CONFIDENTIALITY.  Unless otherwise required by law or court order, Advertiser agrees to keep Confidential Information strictly confidential and not disclose such information to any third party, including but not limited to, any competing affiliate network, advertising network, advertiser, or to the media.  Advertiser agrees to take all necessary action to protect the confidentiality of the Confidential Information.  Advertiser may only disclose Confidential Information Advertiser’s officers, directors, employees, attorneys or advisor's on a strict need to know basis, provided that such person is subject to a confidentiality agreement sufficient to comply with the terms of this Agreement.

14. ADVERTISER REPRESENTATIVE.  In the event this Agreement is being entered into by an agency or other representative (“Agent”) on behalf of Advertiser, Agent hereby represents that it has all due authority to create a legally binding agreement on behalf of Advertiser and this Agreement shall be so binding.  Agent further agrees that it will be jointly and severally liable for any and all payments, damages and other liabilities under this Agreement to which Advertiser would be responsible.

15. GENERAL.
a.         New York Law and Jurisdiction.  The laws of the State of New York will exclusively govern any dispute under this Agreement or any Insertion Order between LocalCareerFairs.com and Advertiser without reference to New York's conflict of laws principles.  Advertiser hereby submits to the exclusive jurisdiction of the state and federal courts located in or nearest to New York County, New York for all legal proceedings relating to or arising from this Agreement.  For all applicable purposes, this Agreement shall be deemed to have been prepared by both LocalCareerFairs.com and Advertiser.
b.         Assignment.  Advertiser may not assign this Agreement without the prior written consent of LocalCareerFairs.com.  LocalCareerFairs.com may not assign this Agreement without prior written consent of Advertiser, provided however LocalCareerFairs.com may assign this Agreement to its parent or other affiliated corporate entity or to a successor in interest without consent from or notice to Advertiser.  This Agreement is binding on successors and assigns.
c.         Amendment.  LocalCareerFairs.com may amend this Agreement and/or any Insertion Order by providing thirty (30) days advance notice to Advertiser.  Advertiser’s continued receipt of Services following such thirty (30) day notice period shall constitute Advertiser’s express acceptance of such amendment.  All other amendments to this Agreement and/or to any Insertion Order must be in writing and signed by each party, or, with respect to applicable Insertion Orders, confirmed in the manner set forth in Section 2 above.   
d.         Relationship.  LocalCareerFairs.com and Advertiser are independent contractors and agree that this Agreement does not establish any agency, joint venture or partnership.
e.         Waiver.  LocalCareerFairs.com failure to object to any document, communication, or act of Advertiser will not be deemed a waiver of any of these terms and conditions and any waiver shall not be deemed to be a waiver of any subsequent defaults of the same or different kind.
f.          Severability.  If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. 
g.         Survival.  In the event this Agreement is terminated, the following provisions will survive such termination: Sections 1, 2 3.d, 7 and 8 through 15, inclusive.
h.         Notice. All notices shall be in writing and email, if to LocalCareerFairs.com, addressed to the address provided for in the preamble of this Agreement, and, if to Advertiser, to the latest address for Advertiser on file with LocalCareerFairs.com.  All notices will be deemed effective as follows: (i) immediately if delivered in person, (ii) 24 hours from sending if delivered via facsimile or electronic mail or (iii) 72 hours from sending if delivered via priority U.S. mail or another nationally recognized carrier service.