ADVERTISING AND FEES POLICY
ADDITIONAL TERMS AND CONDITIONS
A. Introduction
Thank you for choosing to advertise through BubbaPages.com (hereafter “BubbaPages.com” or “Site”). By becoming a Standard or Premium Advertiser, you are agreeing to the following additional terms and conditions (hereafter “Advertising Agreement”) with BubbaPages LLC (hereafter “we,” “our,” or “us”). As a reminder, you previously consented to the User Agreement and by the Policy Policy when you created an account on BubbaPages.com, and you continue to be bound by those terms and conditions, which are incorporated herein by reference.
B. Term and Renewal
1. For Standard Advertisers, this Advertising Agreement is for a term of one (1) month and shall renew automatically until you tell us to cancel or terminate it.
2. For Premium Advertisers, this Advertising Agreement is for a term of one (1) year and shall renew automatically unless you tell us to cancel or terminate it.
3. The first day of a term is defined as follows:
a. For Standard Advertisers, the term begins on the date you accept this Advertising Agreement.
b. For Premium Advertisers, the term begins on the date we accept payment of the annual fee, as further described in the Premium Advertisement Services Section. This shall also be known as the Anniversary Date.
4. Premium Advertisers have sixty (60) calendar days from the Anniversary Date to decide whether to renew this Advertising Agreement as to Premium Advertisement Services.
a. If no action is taken, the term is renewed automatically.
b. If the Premium Advertiser decides not to renew, all Premium Advertisements shall be deleted, but you will still have access to the Site as a Standard Advertiser.
C. Amendments to this Advertising Agreement
1. We may amend this Advertising Agreement at any time by posting the amended terms on this Site. Notwithstanding other provisions to the contrary, such amendments to this Advertising Agreement are effective:
a. Automatically, thirty (30) calendar days after the posting, for Standard Advertisers.
b. Automatically, thirty (30) calendar days after the posting, for former Premium Advertisers now in a period of suspension pursuant to the Premium Advertisement Services Refund Policy Section;
c. Upon each annual renewal, for Premium Advertisers in good standing;
d. Upon upgrade, for Registered Users who become Standard or Premium Advertisers; or,
e. Upon upgrade, for Standard Advertisers who become Premium Advertisers.
2. This agreement may not be otherwise amended except by a writing signed by you and us.
D. Standard Advertisement Services
1. By agreeing to this Advertising Agreement, we shall allow you the ability to place Standard Advertisements on the Site at no additional cost. These features include, but are not limited to,
a. The text-only placement of advertisements in one or more categories or sections, below or behind Premium Advertisements (if any).
b. The ability to receive consumer or customer feedback for your listing.
E. Premium Advertisement Services
1. By agreeing to this Advertising Agreement, coupled with an additional consideration of an annual fee, due and payable on the date you upgrade, and payable upon each Anniversary Date thereafter (as to renewals), you have the ability to place Premium Advertisements on the Site. These abilities include, but are not limited to, all of the Standard Advertisement Services listed above, plus all of the following:
a. The random selection of a graphical banner, among all Premium Advertisers, to be displayed on the front page of the Site;
b. The random selection of a graphical banner, among all Premium Advertisers, to be displayed among business listings;
c. Within lists, ads from Premium Advertisers are displayed ahead of or above all ads from Standard Advertisers (but in a random order as among other Premium Advertisers);
d. The bolding of text advertisements for additional emphasis;
e. Your own website at bubbapages.com (the URL would typically be
www.bubbapages.com/yourcompany). The website would contain items such as your company’s description, personal or corporate biography, contact information, a list of current listings, and so forth.
F. Premium Advertisement Services Refund Policy
1. If you are not satisfied, you may elect to terminate Premium Advertisement Services at any time during the term and request a refund of the current year’s annual fee by providing notice to us using the “Contact Us” link, or through other methods as listed in the User Agreement.
2. In consideration of the annual fee being refunded in full, you agree that your use of both Standard and Premium Advertisement Services shall be suspended for the balance of the term.
a. During the period of the suspension, all existing Advertisements, both Standard and Premium, will be removed or excluded. However, you will continue to be able to access the Site as a Registered User.
b. You may opt to lift the suspension by re-tendering the annual fee, in the full amount. In that instance, your Anniversary Date does not change, and your term continues as if you had never cancelled in the first place.
c. Following the end of the term during which you were suspended, you may regain access to Standard Advertisement Services, but only upon written request to us.
G. Feedback Advertiser Policy
1. When you become a Standard or Premium Advertiser on this Site, we shall provide you with a special access code (“Access Code”). This Access Code is provided by you for disclosure to your customers who are (or will become) Registered Users as a means of providing public feedback as to the goods and/or services you have provided.
2. In consideration of receiving this Access Code, you agree:
a. To not disclose the Access Code except to a bona fide customer who has entered into a contract with you (whether oral or written) for your goods/or and services, and you are now performing, or have completed performance, under that contract;
b. To inform us immediately if the Access Code has been stolen or disclosed to others without your consent;
c. To not use the Access Code to artificially enhance your own feedback rating. This includes, but is not limited to, the opening and use of fictitious or dummy accounts for purposes of leaving feedback;
d. To sell or transfer the Access Code (or the corresponding BubbaPages account) to others;
e. To induce anyone to provide favorable feedback for any reason apart from your performance under contract with a bona fide customer. Such practices include, but shall not be limited to—
i. Withholding performance under contract or refusing to resolve reasonable disputes unless your customer agrees to provide a favorable rating or withdraws an unfavorable one;
ii. Promising or providing a valuable consideration (apart from the contract for goods and/or services) in exchange for a favorable rating; and/or,
iii. Promising or providing a valuable consideration in exchange for unfavorably rating a competing company.
3. You understand and agree that we are not able to actively monitor feedback for its accuracy and authenticity, nor can we guarantee the same. You further understand and agree that we cannot act as an intermediary, neutral, or arbitrator in resolving disputes between you and your customer as to the accuracy of the feedback you have received.
a. Notwithstanding the foregoing, if you receive harmful feedback without cause or in the absence of a contractual relationship, upon notifying us, we can ask the User to produce evidence that (s)he was your bona fide customer, and can remove feedback upon a showing that no such customer relationship existed.
H. Removal of Advertisements; Suspension or Revocation of Advertising Privileges
1. We reserve the right to suspend or cancel advertisements (or suspend and/or revoke advertising privileges, in whole or in part, including use of the Access Code) on one of the following grounds:
a. At any time an account is suspended or cancelled due to violations of the User Agreement, or this Advertiser Agreement;
b. Due to any violation of the User Agreement or this Advertiser Agreement, even if the underlying account is not suspended;
c. Failure to pay fees when due, despite reasonable opportunity to produce payment;
d. Disputing and reversing a credit card transaction without reasonable grounds for doing so;
e. Checks or money orders that are returned to us due to insufficient funds, closed accounts, or for other reasons;
f. Providing false or fraudulent payment and/or credit card information;
g. When advertising privileges are suspended, pursuant to the Premium Advertisement Services Refund Policy, as discussed above;
h. Upon a lawful order from a court or law enforcement agency; or,
i. For a material breach of the Advertiser’s Warranty as to Advertisements Placed on Site Section, discussed immediately below.
I. Advertiser’s Warranty as to Advertisements Placed on Site
1. By placing Standard or Premium Advertisements on this Site, you agree and warrant:
a. Your product or service is directly related to Residential or Commercial Construction, Residential or Commercial Building Improvement or Repair (specifically to include Home Improvement or Repair), Home or Office Decoration, Exterior Landscaping, Structural Maintenance, or its related skills and/or trades;
b. Your product or service is intended for, or will be performed within the territorial limits of the United States or Canada (or any of its territories or possessions);
c. That you have a current, valid license to sell the products or perform the services that you have advertised, or that if you do not have a license, that one is not required by law;
d. If you direct your product or service to a specific geographical area, that it will be lawful and available within that geographic area;
e. If you do not direct your product or service to a specific geographic area, that the product or service is generally lawful;
f. That it is lawful for you to advertise your product or service, whether or not you are also licensed for the purpose;
2. A material misrepresentation as to any of the above statements shall by itself be sufficient grounds for suspending, removing, or re-categorizing the advertisement.
J. Miscellaneous Provisions
1. We reserve the right to refer to advertisements by terms other than “Standard” or “Premium” within listings, and to change them without further notice. For example, a Premium Advertiser with a banner ad on the Site could also be referenced as a “Sponsor,” “Supporter,” or other terms of similar import.
