"APPLIES TO ALL INSERTION ORDERS ENTERED INTO AFTER FEBRUARY 10, 2000"
DOUBLECLICK ADVERTISER STANDARD TERMS AND CONDITIONS
DELIVERY OF ADVERTISEMENTS. Using its proprietary DART ad delivery
technology, DoubleClick shall deliver Advertiser's advertisements
("Advertisements") to users accessing the pages ("Pages") of Web sites which are
part of the DoubleClick Network (the "Service"). Such delivery shall be in
accordance with the "Ad Specs and Terms" accessible at
http://www.doubleclick.net (the "Service Terms") and this insertion order
(collectively, the "Agreement"). Advertiser hereby grants DoubleClick a
non-exclusive, worldwide license to copy and distribute the Advertisements
through the Service pursuant to this Agreement. The DART ad delivery technology
shall be the sole and definitive tool used to measure DoubleClick's delivery of
Advertisements pursuant to this Agreement. No other measurement or usage
statistics (including those of Advertiser or an approved third party ad server)
shall be accepted by DoubleClick. In the event that the part executing this
Agreement is acting as an agent for an Advertiser, such party executing this
Agreement as agent shall be jointly and severally responsible for all
obligations and amounts owing hereunder.
PAYMENT. Advertiser shall pay DoubleClick upon Advertiser's receipt of
DoubleClick's invoice. If a prepayment or deposit is required, Advertiser's
campaign shall not commence until such prepayment or deposit is received by
DoubleClick. If Advertiser fails to make payment within thirty (30) days of
Advertiser's receipt of DoubleClick's invoice, DoubleClick, in addition to other
remedies, shall have the right to (i) immediately remove Advertisements from the
Service without any obligation to Advertiser or claim against DoubleClick for
such removal, (ii) charge late fees at the rate of one and one half percent
(1.5%) per month, or, if lower, the maximum rate allowed by law, (iii) charge
Advertiser for any attorneys' fees and/or collection costs incurred by
DoubleClick in collecting any past due amounts from Advertiser, and/or (iv)
terminate any or all other insertion orders Advertiser has executed with
DoubleClick as of the date of the default, without liability. Advertiser is
required to provide DoubleClick with at least two (2) weeks prior written notice
of any requests by Advertiser for changes to and/or cancellation of this
Agreement. Advertiser agrees that if Advertiser cancels or changes its order as
provided above, any discount granted by DoubleClick may be rescinded or
adjusted, and Advertiser may be charged for such order at the full card rate
then in effect. If Advertiser is required to pay a deposit, Advertiser
understands that the deposit is credited against payments due under this
Agreement. Advertisers who make such a deposit shall be required to pay
DoubleClick for fees set forth in invoices up to the point where the sum of the
deposit and the invoiced amounts equal the total fee payable under this
Agreement. At such point in time and if not otherwise stated herein, no
additional fees shall be due and owing from Advertiser pursuant to this
Agreement.
ADVERTISER'S OBLIGATIONS AND REPRESENTATIONS. Advertiser shall be solely
responsible for all costs it incurs in connection with the Service and this
Agreement, including, without limitation, expenses associated with creating,