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TOYFAN.COM NETWORK TERMS AND CONDITIONS
A. Acceptance of advertising programs subject to space availability upon receipt of signed contract or insertion order by Toyfan.com.
B. All contents of advertisements are subject to Toyfan.com's approval. Online advertisements are accepted upon the representation that advertiser and its agency have the right to publish and display the advertisements and its contents. In consideration of such online publication and display, advertiser and its agency agree to indemnify and hold Toyfan.com harmless against any expense or loss by reason of any claims arising out of online publication and display.
C. Positioning of advertisements is at the discretion of Toyfan.com, except where a request for a specific preferred position is acknowledged by Toyfan.com in writing. Material must be received by material closing date, otherwise position may be lost, or requested impression level may be reduced. Toyfan.com reserves the right to reject or cancel any advertisement, insertion order, and space reservation or position commitment at any time.
D. Agency/Advertiser acting as an agent for Third Party Ad Server agrees that all Ads must be submitted to Toyfan.com for approval prior to being added into rotation. Third Party Ad Server cannot serve substitute ads for the Advertisers unless approved by Toyfan.com. Except for technical modifications that are necessary to properly serve the Ads, Third Party Ad Server shall not modify, alter, edit, replace or supplement any Ads that have been approved by Toyfan.com. Any such technical modifications must also be approved, in advance, by Toyfan.com. Failure to comply will result in ad being pull from Toyfan.com Network and the advertiser/agency being billed in full for the buy.
E. Reporting: Advertisers will be provided with both online reporting access and weekly campaign reports via email, which include impressions.
F. Counting: Toyfan.com's adserver will be official counter for determining the number of ads delivered under an applicable order, unless otherwise agreed upon in writing with advertiser. If a discrepancy exists between Toyfan.com and Advertiser ad delivery count, a good faith resolution will be work out.
G. Makegood: In case of underdelivered of guaranteed impressions, Toyfan.com will have up to two weeks to fulfill remaining impressions. In addition Toyfan.com will bonus Advertiser 150% of the underdelivered impressions.
H. Cancellation Policy: Cancellations or changes in orders must be made in writing. Any campaign can be cancelled with no penalty up to two weeks before the scheduled start date of the campaign. Campaigns cancelled less than two weeks before the scheduled start date of the campaign are subject to a 15% cancellation fee based on the original amount of the cancelled insertion order. After a campaign has started, cancellation notices must be provided to Toyfan.com at least two weeks prior to the effective date of cancellation. Advertisers will be re-billed for all impressions delivered through effective end date; if appropriate, short-rates will apply.
I. Postponement: In cases where ad material has not arrived by the third working day after the agreed-upon campaign start date; Toyfan.com's postponement policy goes into effect. Toyfan.com will reduce the number of total impressions for every day the campaign is late, based on even distribution, and the advertiser will be invoiced at the original contracted dollar amount.
J. Invoicing and Payment: Advertiser billing will be remitted on the last day of every month. Payment terms are net 30 upon credit approval.
K. Toyfan.com shall have the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to Toyfan.com for advertising, which advertiser or its agent ordered and which advertising was published and displayed. In the event that an advertser or the advertising agency representing such advertiser fails to pay for an advertising campaign, Toyfan.com shall have a right to terminate any other advertising campaign which Toyfan.com has agreed to run for such advertiser.
L. Conditions, other than rates, are subject to change by Toyfan.com without notice.
M. Toyfan.com shall not be liable for any costs or damages if for any reason it fails to electronically publish and display an advertisement. In no event shall Toyfan.com be liable for any damages, consequential or otherwise, in excess of the amount paid for the advertisement, as a result of any mistake in the advertisement, omission from or error in any index, or for any other reason
N. No conditions other than those set forth in the rate card shall be binding on Toyfan.com unless specifically agreed to in writing by Toyfan.com. Toyfan.com will not be bound by conditions printed or appearing on order blanks or copy instructions which conflict with the provisions of the rate card.
O. Toyfan.com is not liable for delays in delivery and/or non-delivery in the event of an Act-of-God, action by any government or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slow-down or any condition beyond the control of Toyfan.com affecting production or delivery in any manner.
P. As used in these "General Terms and Conditions" the term Toyfan.com shall refer to Toyfan.com, and their respective subsidiaries.
Creative Contractual Information
- Banners and insertion orders must be delivered at least three (3) business days prior to the start of an insertion term.
- Toyfan.com requires at least six (6) business days for testing of rich media creatives.
- Banner changes during an insertion term must be delivered at least one (1) business day prior to change.
- All advertising requires a signed insertion order.
- Creative which does not meet the above deadlines will result in a pro rata reduction of impressions for which payment shall not be refunded.
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Advertising
How To Contact Us
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To learn more about advertising with
Toyfan, email us and we will have a
representative from our advertising
department contact you promptly.
Email: advertise@toyfan.com
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