USHL Advertising Agreement
Ramsey Russell, LLC
P.O. Box 873, Brandon, MS
USHuntList.com Advertising Agreement:
1. USHuntList.com provides space on its website for advertising by outfitters, guides, transportation providers, lodges and other service providers for which USHuntList.com is not a booking agent. By rendering payment to USHuntlist.com or to Ramsey Russell, LLC, Advertiser agrees to and acknowledges entering into a binding agreement that assumes all provisions of this advertising contract as stated.
2. USHuntList.com agrees to provide advertising space to Advertiser on the terms and conditions set forth in the remainder of this contract.
3. USHuntList.com agrees to provide to Advertiser the following:
- A profile (page) in its “Affiliate USA Outfitters Direct” section, that is a subdirectory of GetDucks.com;
- The profile page will include Advertiser’s name and contact information specified by Advertiser, description of hunt packages offered by Advertiser, rates, restrictions, photographs, etc. Advertiser will supply the necessary information. The profile page will be designed by USHuntList.com consistent with the remainder of the USHuntList.com website.
- Video and photo gallery are available at an no additional cost to Advertiser’s as negotiated (USHuntList.com shall otherwise backlink to these respective pages on the Advertisers website).
- Advertiser will receive the benefit of the GetDucks.com and USHuntList.com brand endorsements, plus promotional coverage through television, magazines, as possible, and live events and other media that increase traffic to the USHuntList.com website.
- Other services to include but not limited to web page design and search engine optimization, artwork, print media design, administration of receivables, etc.,will be provided according to an extra line-item charge to be agreed upon between the parties.
4. Advertiser shall provide the following to USHuntList.com:
- Payment in full by credit card or check for term of advertising contract;
- Specific package information describing all services offered by Advertiser (content is subject to approval of USHuntList.com);
- Advertiser represents and warrants that all photographic images, videos, written copy and other materials provided by Advertiser are the sole property of Advertiser and/or Advertiser has full legal authority to utilize the same for all purposes under this Agreement. Advertiser agrees to indemnify and hold USHuntList.com harmless against all claims and damages arising out of use of said material pursuant to this Agreement.
- Completion of Outfitter Questionnaire which Advertiser acknowledges to be 100% factual.
5. Rates shall be reflected by invoice provided to advertiser upon execution of this contract.
6. USHuntList.com reserves the final editorial authority over all content proposed to be included by Advertiser. The content of advertising pursuant to this Agreement shall not be copied or utilized for any purpose other than advertising on the USHuntList.com website except by advance written permission of USHuntList.com.
7. This contract shall be for an initial term of thirty-six (36) months commencing on the date of execution of this contract by Advertiser and shall automatically renew for successive additional twelve-month renewals on the same terms and conditions, except that USHuntList.com may renegotiate the advertising rate prior to any renewal taking effect. The contract shall be executed upon completion of Advertiser’s web profile. The Advertiser authorizes Ramsey Russell, LLC, USHuntList.com to charge their credit cards for these fees. Annual fees may be applied monthly or annually at the Advertiser’s discretion.
8. Advertiser agrees that services provided by Advertiser to Advertiser’s clients are consistent with the GetDucks.com and USHuntList.com brands and their respective Terms and Conditions, Trip Policy Guide and other printed and on-line materials setting forth the policies and procedures utilized by both GetDucks.com and USHuntList.com. Advertiser further agrees that USHuntList.com and its agents shall be allowed access to Advertiser’s facilities at such times as may be reasonably necessary to allow USHuntList.com to ensure that Advertiser is in compliance with this paragraph, and so that the services offered by Advertiser may be best demonstrated and represented consistently with the superior GetDucks.com and USHuntList.com brand images.
9. Termination: USHuntList.com shall have the right to terminate this contract at any time, within its sole discretion, with or without cause.
10. Indemnity: Advertiser acknowledges and agrees that the services provided by USHuntList.com are limited to advertising and endorsement. Advertiser agrees that it shall indemnify and hold Ramsey Russell, LLC, GetDucks.com and USHuntList.com harmless against all claims and damages of whatsoever kind and nature arising out of the services that Advertiser provides to Advertiser’s clients.
11. Agency: USHuntList.com and Advertiser acknowledge that USHuntList.com is not a booking agent for Advertiser or the outfitters, guides, transportation providers, lodges and other service providers associated with Advertiser’s services. Advertiser shall book all trips and other services directly with Advertiser’s clients. The parties further agree there is no other agency relationship between them and that Advertiser shall take such actions as may be reasonable and necessary to make this agreement public. USHuntList.com shall be entitled to make disclosures in its website including but not limited to (a) a disclaimer of agency between Advertiser and USHuntList.com; (b) a disclaimer of privity of contract between USHuntList.com and Advertiser’s clients (c) a disclaimer of liability of USHuntList.com for any claims or damages alleged by Advertiser’s clients arising out of Advertiser’s service or the outfitters, guides, transportation providers, lodges and other service providers associated with Advertiser’s services. All such disclaimers shall utilize terms and conditions as may be selected by USHuntList.com in its sole discretion.
12. Reputation: USHuntList.com and Advertiser acknowledge and agree that the USHuntList.com brand image, the services offered by USHuntList.com and the goodwill associated therewith are valuable property rights. Advertiser shall be allowed to utilize the USHuntList.com logo, trademarks and other promotional material in promoting the services offered by Advertiser, upon the signed written permission of USHuntList.com and on such terms and conditions as may be appropriate in the sole judgment of USHuntList.com, Inc. In the event that Advertiser promotes or conducts its operations in a manner deemed by USHuntList.com to jeopardize USHuntList.com in any manner whatsoever, Advertiser agrees that USHuntList.com may, in addition to terminating this contract, issue such factual statements by means of the USHuntList.com website or such other media as may be reasonable and necessary to protect the brand image, services offered, goodwill, reputation or other property or rights of USHuntList.com in its sole discretion.
13. Choice of law and venue: Any litigation concerning the operation and/or effect of this contract shall be conducted in the appropriate trial court having jurisdiction over Rankin County, Mississippi. This contract shall be construed under the laws of the State of Mississippi.
14. Attorney’s fees and litigation costs: Should either party resort to litigation to enforce its rights or the other party’s obligations under the terms of this contract, the prevailing party shall be entitled to recover its reasonable attorney’s fees and litigation expenses from the non-prevailing party.
15. Entire agreement: This contract represents the entire agreement between the parties, and by execution hereof, each party acknowledges and agrees that there are no additional contract terms. This contract may be amended only by a subsequent written agreement by both parties.
Ramsey Russell, GetDucks.com, USHuntList.com