Advertiser Agreement - Terms & Conditions

If you have any questions, concerns about any aspects of this Agreement, please contact us via email to Ad@BeatMike.com

1. By choosing to advertise and pay for placement on BeatMike.com, You agree to all the terms and conditions outline in this Advertiser Agreement ("Agreement"). This Agreement is between You (referred to as "You", "Your" and/or "Advertiser"), and us, BeatMike.Com and its parent company, Beat Mike, LLC, an Arizona Limited Liability Company (referred to as "We", "Us", "Our", "Beat Mike LLC, and/or "BeatMike.Com").

2. Representation and Warranties

2.1. By making any payments to Us in accordance with this agreement, You acknowledge, agree, and represent that only the terms and conditions in this Agreement, as explicitly written in this Agreement, are the agreements and understanding between You and Us and that there is/are no other agreement(s) or understanding(s) between You and Us whether verbal or written.
2.2. You warrant and represent that You have the right and authority to enter into this Agreement and to bind Your business to the terms and conditions set forth herein.
2.3. You acknowledge that no inducements, representations or warranties, except as specifically in this Agreement, have been made by Us to You and that no representative, agent or employee of Us is authorized to make any representations or warranties with reference to this Agreement other than as set forth herein.
2.4. We hereby disclaim all warranties, express, implied or statutory, to the fullest extent permitted by law. We shall not be liable for special, indirect, consequential, exemplary or incidental damages arising out of, or relating to, this Agreement and/or the transactions contemplated hereby, no matter what the cause, claim or theory for such damages might be, even if We have been advised of the possibility of such damages.
2.5. You and all advertisers on the BeatMike.com website agree to promote the website, the Tournaments, and to recruit players.

3. Payment and Billing

3.1. You agree to pay us the monthly subscription advertising fee for the zip code(s) or designated market area(s) you select.
3.2. If you request Our assistance with banner ad design or other artwork, You will be charged $50 per hour, with a one-hour minimum.
3.3. Monthly subscription advertising fee payments will be made through automatic checking account draft (ACH) or pre-authorized charge to Your credit card on the same day of every month and continuing until this agreement is terminated.
3.4. All fees are due and will be collected in advance and are non-refundable under any circumstances - with no exceptions.
3.5. In the event Your payment is declined due to insufficient funds or any other reason, We will contact you and attempt a second time within a 5 business days. If We are still unable to obtain payment, Your account will be considered delinquent, and We reserve the right to cancel this Agreement immediately with no other obligations from Us to You. You will also be charged $25 for each NSF or rejected transaction.

4. Termination

4.1. This Agreement may be cancelled by You or by Us with at least Seven (7) calendar days written notice before Your next scheduled payment. If you would like to cancel you agreement, you MUST email to ad@BeatMike.com and keep a record of your email. We may terminate this Agreement immediately, upon a Breach of Contract. Breach of Contract by You shall include
4.1.1. Your failure to promptly pay any amount due hereunder;

4.1.2. Your failure to fulfill any other obligation hereunder or the inaccuracy of any representation or warranty;
4.1.3. Our receipt of (3) three or more unresolved customer complaints regarding Your failure to provide the promises or for misrepresentations regarding the offers set forth in the advertisements You run on the Beat Mike website and the continuation of such failure or misrepresentation for more than five (5) days after receiving notice.
4.2. We may terminate Our agreement with You at anytime, with or without cause, without any refunds nor any liabilities from Us to You.

5. Indemnification

5.1. You shall defend, indemnify and hold harmless BeatMike.com, its owner(s), its subsidiaries, affiliates and affiliated entities and their officers, directors, stockholders, partners and employees from and against all claims, damages, liability, costs and expenses (including without limitation, interest, penalties, court costs, attorney's fees and expenses) resulting from or arising out of: (i) the content of any advertisement provided by You or any material provided by You (collectively "Your Materials"), (ii) any libel, slander, illegal competition or trade practice, violation of rights of privacy, infringement of copyrights or other rights of third parties arising out of any Your Materials, (iii) violations of any federal, state or local law relating to the Your Materials; or (iv) any breach by You of the terms of this Agreement. The obligations of Client under this Section 3 shall survive the termination of this Agreement.

6. Notice

6.1. Each notice, consent, approval or request to be given hereunder, including legal process, shall be given in writing, either by personal delivery, overnight delivery service, U.S. postal service, or by facsimile with the original sent same day by certified mail to the parties at the respective addresses set forth on the face hereof or at such other substitute address as either may designate by notice given in the same manner. Notice by U.S. postal service shall be deemed received on the fifth (5th) business day following mailing thereof with all charges prepaid. Notice by any other means shall be deemed delivered upon its actual receipt.

7. Resolution of Claims and Disputes

7.1. Regardless of Your address, this Agreement shall be deemed to be an agreement made in the Maricopa County, Arizona. The laws of the Maricopa County, Arizona shall be applied without regard to the principles of conflicts of laws. You expressly waive any presumption or rule, if any, which requires this Agreement to be construed against Us. Any claim or dispute arising out of this Agreement shall be resolved only by arbitration in Maricopa County, Arizona and in accordance with the Rules of Procedure for Commercial Arbitration of the American Arbitration Association, and any award there from shall be rendered by the arbitrators as a judgment in any trial court having competent jurisdiction. In the event a suit or action is filed to enforce any provision of this Agreement, the prevailing party shall be reimbursed by the other for all costs and expenses in connection with the suit or action, including without limitation, attorneys fees, arbitration fees, collection agency fees, management fees (deemed to be not less than Three Hundred Dollars ($300) and any other cost or expense, incurred in collecting any amount due.

8. Disclaimer of Liability for Delivery of Information

8.1. We disclaim all liability for any delays, missed-delivery, loss, or failure in the delivery of any item sent by electronic transmission, or other delivery method.
8.2. We are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to view Your advertisements, any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Our Website.

9. No Guarantee of Results

9.1. While You and all advertisers on the BeatMike.com website agree to promote the website, the Tournaments, and to recruit players, We cannot guarantee how many people may view Your advertisement and/or if any person will use your promotions.
9.2. You agree that no representation was made to You by Us regarding the number of players in the designated area(s) in which You are advertising and/or the number of viewers that may use your promotions.

10. Miscellaneous

10.1. We shall not be liable for any delay or failure in performance of any part of this Agreement from any cause beyond Our control and without Our fault or negligence, such as acts of God, acts of civil or military authority, government regulations, major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or facilities, or act or omissions of common carriers.
10.2. If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Additionally, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable.
10.3. The provisions of this Agreement by and between Us and You shall apply to, bind and inure to the benefit of You and Us, and Your and Our respective successors, legal representatives or assigns.
10.4. This Agreement contains the entire understanding and agreement between the parties hereto. No additions, changes or modifications shall be binding unless reduced to writing and signed by the parties.