Terms of Service
Last Updated June 4, 2020
Agreement to Terms
These Terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and the Ad Junkies ("we", "us" or "our"), concerning your access to and use of the wwwtheadjunkles.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") The Site provides an online marketplace tor the following goods, products, and}or services: Advertising Management, Content Management, Campaign Emails, Social Media Management (the "Marketplace Offerings"). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms Of use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF use THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of use at any time and for any reason, We will alert you about any changes by updating the "Last updated: date of these Terms of use, and you waive any right to receive specific notice of each such change It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site and/or services after the date such revised Terms of Use are posted.
The information provided on the Site is not intended tor distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register tor the Site or use the Marketplace Offerings.
Intellectual Property Rights
Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
User Representations
By using the Site or the Marketplace Offerings, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site tor any illegal or unauthorized purpose; and (5) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that IS untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings tor any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following intoxicants of any sort, illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from the use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site's content We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes.
Marketplace Offerings
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you or that they will meet your expectations or that any errors in the Site will be corrected.
Print Advertising Management Service
Ad Management Services are offered on a "month by month" subscription basis. The price of this service is per publication managed and will be determined as set forth in the Billing Agreement between you and us.
We agree to "pair" you with a trained and qualified Ad Coordinator who will be responsible for the ongoing managing of your ads. At any point and without notice, at our discretion, we may choose to change your paired Ad Coordinator in order to fulfill the responsibilities consistent with offering this service.
We agree to engage in necessary communication with your customers to facilitate the execution of "Ad Management". These communications may include email, text messages, and/or phone communications and voicemails.
We agree to work through the mechanisms provided by you or your affiliates in order to facilitate design changes and provided ad uploads and to do so in a manner in keeping with the limitations and guidelines set forth by the owners of those respective mechanisms.
We agree to engage with your design team for the development and procurement of ads to be used in your publications.
We strive to provide an organized approach to managing the ads with your clients in a timely manner consistent with the established publication deadline for your magazine.
Our timeframes are set according to the following pattern:
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First Round Reminder Emails will be sent about 20 days prior to your Publication Deadline.
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Second Round Reminder Emails will be sent about 12 days prior to your Publication Deadline.
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We will establish with your advertisers an "Ad Deadline" that is about 10 days prior to your Publication Deadline. This day will represent the final date that an advertiser must communicate with us a desire for a change to their ad in order to be eligible for a change in that working month.
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We will set a goal to finalize as many ads as possible between the Publication Deadline and the Ad Start Deadline which is 5 days after the Publication Deadline.
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We will work any requests for a given month up to 10 days after the Publication Deadline.
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All ad work for a given month will cease 10 days after the Publication Deadline. Any work not yet approved must either be approved or reverted back to the Last Known Good ad.
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Any requests to keep ad cards open beyond 10 days after the Publication Deadline will be the sole responsibility of the Publisher/Area Director to follow up and complete the ad approval process for that given advertiser.
The Publisher/Area Director agrees by use of the Ad Junkies service that the above-mentioned timeframes are in keeping with their operational objectives and agrees to assist the Ad Junkies by developing a customer service approach in keeping with this timeframe.
Billing for our Ad Management Service will happen in Arrears according to the following schedule:
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20th Deadline to be billed on or about the 20th of the month preceding the print edition month.
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25th Deadline to be billed on or about the 25th of the month preceding the print edition month.
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1st Deadline to be billed on or about the 1st of the month in the same month as the print edition.
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5th Deadline to be billed on or about the 5th of the month in the same month as the print edition.
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10th Deadline to be billed on or about the 10th of the month in the same month as the print edition.
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15th Deadline to be billed on or about the 15th of the month in the same month as the print edition.
The Publisher/Area Director and the Ad Junkies agree that communication with the advertiser is essential and must be maintained. It is the responsibility of the Area Director to establish strong lines of communication with each advertiser so that the Ad Junkies may successfully fulfill these obligations. In the event that an advertiser becomes non-communicative through the established modes, the Ad Junkies may notify the Area Director so that the Area Director may re-establish communication and/or work through any obstacles to good communication. As the Ad Junkies acknowledge their responsibility to implement a successful ad management solution, the Publisher/Area Director also agrees to not circumvent the process by working separately with an advertiser and/or outside of the knowledge of the Ad Junkies. Any such activities shall be construed as a release from the ad management responsibilities for that same advertiser.
Digital Ad Management Ad-On
Effective June 8, 2020, the Ad Junkies will begin offering to provide Digital Advertising Management as an optional extension to Print Advertising Management. Digital Advertising Management is offered on a unit basis where each Territory represents one unit and encompasses the first 50 advertisers that also advertise in the print magazine. This cost of this service is a fee in the amount of $99 per month of service provided and is subject to change. Each month of service is billed in parallel to the concurrent monthly billing schedule for Print Advertising Management unless otherwise agreed to in writing.
The engagement of this service is solely at the request of the Publisher/Area Director.
Our Digital Advertising Management service is operated with the intent of continuing to relieve the Publisher/Area Director of the ongoing needs of assisting advertisers with the ad development process while creating service continuity with their Print Ad Experience.
Digital Ad Management is comprised of 3 Primary Functions:
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Securing Access to the client's Facebook Profile for the purposes of Digital Remarketing.
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Engaging the Digital Design Team on behalf of the client to develop and procure a finished and approved ad to be promoted within the digital space(s).
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Supporting the client list with any requested changes to their digital remarketing ad.
Regarding the securing access to the client's Facebook Profile (Function 1 above), the Ad Junkies will be relying upon the Publisher/Area Director to provide any links or connection points specific to that client in order to communicate with the client the steps necessary to grant access.
Regarding the Ad Junkies engagement with the ad development process (Function 2 above), the Ad Junkies performance of this service is dependent upon access to the relevant platforms and client lists and communications. The Publisher/Area Director agrees to grant access to these platforms in order to perform this function. Additionally, the Publisher/Area Director acknowledges that the initiation of this process is dependent upon the timely integration of the client into the supporting systems, ie. Order Entry. As much as is possible, the Ad Junkies will make every attempt to develop the Digital Ad in concert with the Print Ad for the same time period. The Publisher/Area Director acknowledges that the Digital Ad development process us a unique and separate process from the Print Ad development process and may require additional communication with the advertiser and/or result in a delayed approval process. The Publisher/Area Director agrees to hold the Ad Junkies harmless for any delays as a result of the inherent limitations of the supporting systems in which the Publisher operates.
Regarding the continued support (Function 3 above), the Ad Junkies agrees to continue to be available for any/all digital remarketing ad change requests from the clients withing the service publication. Our efforts to facilitate these changes will be engaged through the usual established methods of communication. In the event that communication becomes impeded, the Ad Junkies will notify the Publisher/Area Director of such an impediment so that they may assist in the re-establishment of communication.
Social Media Post Management Service
the Ad Junkies Social Media Post Management Service shall be governed by the terms set forth in the document titled the Ad Junkies Post Management Agreement. Each customer to whom Social Media services are provided must agree in writing to the terms of that agreement.
Fulfillment of Obligations and Non-Circumvention
the Ad Junkies agree to make a good-faith effort to fulfill all of the requirements of this Agreement for the implementation of a successful service meeting deadline requirements of each customer. For the purposes of fulfilling our obligations to the customer, the Ad Junkies may employ contractors to meet the requirements of its Ad Management program. The customer agrees to make a good-faith effort to work with their assigned representative whether they are an employee or a sub-contractor of the Ad Junkies. The customer further agrees to not solicit their assigned representative for additional services and/or for the same service as is being provided by the Ad Junkies for the purposes of circumventing the Ad Junkies. In the event that an instance of circumvention of a contractor should arise, the customer agrees that the value to the Ad Junkies for the release of this non-circumvention clause shall be exactly $10,000 to be paid to the Ad Junkies by the customer.
Modification/Cancellation
the Ad Junkies maintains the exclusive right to modification of these Terms of Service and may, at its discretion and without notice, make any reasonable modifications to these Terms of Service in order to support the continued viability of the Marketplace Offerings mentioned herein. As a consumer of these services, you acknowledge that the utilization of these services is at the pleasure of each party and you agree to pay in full any and all monies owed for the provision of these services.
The customer acknowledges that these terms are to be maintained on the Ad Junkies website www.theAdJunkies.com/TermsofService and further acknowledges that these terms may be modified without direct notice. Any modification of these terms shall be made effective in writing and updated to the website. Such updates are considered to be sufficient notice.
Cancellation of services is required to be delivered in writing prior to the initiation of work for any respective service period. For the purposes of Print and Digital Advertising Management, the initiation moment is generally accepted to have occurred once monthly email notices are composed and delivered to the customer list and any efforts are made to begin the work process for the next consecutive time period. Any cancellations after this period will be subject to the client bearing full responsibility for their financial obligation, including the month of service in which the work has been initiated.
Construction/Jurisdiction
These terms of service represent the complete Agreement of the Ad Junkies in the performance of the services listed herein. If any portion of this agreement is deemed to be non-enforceable, such non-enforceability shall in no way render the remaining portions to be nullified. The Parties agree that the Agreement shall be governed by the laws of the State of Indiana. The Parties further agree that any court of competent jurisdiction situated in Marion or Hamilton County, Indiana shall have exclusive jurisdiction and venue relating to any suit or other legal proceeding concerning the breach of the Agreement.
Acceptance
Utilization of the services mention herein are considered to be Acceptance of these Terms.