Sponsorship terms and conditions

Thanks for underwriting TucsonSentinel.com. Your support of quality reporting is appreciated by our dedicated reporters and the Tucson community.

1. SPONSORSHIP. The Sponsor shall assist in underwriting the nonprofit Tucson Investigative Reporting Center Inc./TucsonSentinel.com (the Company) by contrbuting according to the chosen online sponsorship/underwriting package at the rate listed and for the duration specified in the insertion order, which is attached and incorporated herein by reference and made a part of this agreement.

2. POSITIONING. Except as otherwise expressly provided in the contract, positioning of sponsorship acknowledgements on TucsonSentinel.com and/or other websites included in the insertion order is at the sole discretion of the Company. Sponsor acknowledges that Company has not made any guarantees with respect to usage statistics or levels of impressions for any messaging. Company provides Sponsor with estimated usage only as a courtesy to the Sponsor and shall not be held liable for any claims relating to said usage statistics. Any information collected by the Company, or its site vendors, relating to users or Sponsor's site (including and without limitation any personally identifiable transactional data, secure data, or demographic information relating to users of the site), shall be property of the Company, and Sponsor shall not obtain any rights in such information by virtue of this agreement.

3. ACCEPTANCE OF MESSAGES. The Company may, at its sole discretion, reject any sponsorship messages. The Company will decline to accept sponsorship messages that we find misleading, inaccurate, fraudulent or illegal, or that fail to comply, in our sole discretion, with our standards. We do not accept underwriting messaging that could be confused with news content or messaging that includes pricing information or specific commercials calls for consumer action. See our Political Advertising Policy for specifics on campaign and public issue advertising.

4. ENDORSEMENT. Sponsorship messages may not include language or messages that can be interpreted or represented as an endorsement or recommendation of your organization, products or services by the Company.

5. CANCELLATION. Campaigns cancelled more than fourteen (14) days before the scheduled start date of a campaign are subject to a 10% cancellation fee. Campaigns cancelled less than fourteen days before the scheduled start date of the campaign are subject to a 25% cancellation fee. There are no cancellations once a campaign begins. A campaign can be postponed or suspended by an Sponsor for a maximum of thirty (30) days. After thirty days, Sponsor is still liable for full amount of the contract. If campaign is postponed or suspended, Company can not guarantee an exact duplication of the campaign, due to a potentially limited inventory.

6. INDEMNIFICATION. The Sponsor agrees to defend, hold harmless and will indemnify the Company from all damages, costs, and expenses, of any nature whatsoever, including but not limited to reasonable attorneys' fees, for which the Company may become liable by reason of its publication of the Sponsor's online messaging.

7. COPYRIGHT. All messaging, which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor, composition, or material furnished by it, is and remains the property of the Company, including all rights of copyright therein. Sponsor understands and agrees that it cannot authorize reproductions, in whole or in part, of any such advertising.

8. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the creation of the online advertising or messaging or on the sale of online advertising or messaging, such taxes shall be assumed and paid by Sponsor.

9. PAYMENT. Prepayment is required for all campaigns. Payment is due immediately upon receipt of an invoice. Credit is extended to Sponsors with active accounts only. In the case of an active account, the Sponsor shall make full payment within 30 days of the billing date indicated on the Company's statement. Any balance upaid beyond 30 days shall be subject to an additional 1.5% per month charge. In the event that the account becomes past due, in addition to such other remedies as it may have, Company shall be relieved of its obligation to perform the services under this Contract and the full of the contract shall immediately become due and payable by Sponsor. The Sponsor must also reimburse company for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys fees.

10. REJECTION OF MESSAGE. Company reserves the right to not run any messagine that is received and that is not in accordance with company's policies. In addition, Company reserves the right to reject or cancel any message, acknowledgement, order or reservation at any time and to reject any URL link embedded within any message.

11. CONDITIONS. No conditions printed or otherwise appearing on any insertion order or other instructions to the Company which conflict with the Company's policies shall be binding on the Company.

12. LIMITATION ON LIABILITY. Sponsor assumes all liability for content of messaging, and agrees to hold harmless, and will indemnify Company from all claims, losses, judgments, and damages arising there from. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to Acts of God, as well as all other matters Sponsor might raise relevant to this contract, is limited to the amount charged to the Sponsor by Company for the applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the matter's first occurrence. LIMITATION OF LIABILITY. Company's liability is limited in all cases to the return of the charges made for the applicable campaign. THIS LIMITATION OF LIABILITY IS A CONDITION FOR THE ACCEPTANCE OF ANY MESSAGINGE BY THE COMPANY. IN NO EVENT SHALL THE COMPANY BE LIABLE TO SPONSOR OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE PUBLICATION OF OR FAILURE TO PUBLISH ANY MESSAGE, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SPONSOR FURTHER AGREES THAT THE COMPANY'S PROVIDER OF MESSAGING/AD MANAGEMENT SERVICES WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT MAY ARISE FROM SPONSOR'S USE OF SUCH SERVICES AND THAT NEITHER THE COMPANY NOR THE BANNER MANAGEMENT SERVICES WILL BE LIABLE TO SPONSOR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.

13. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.

14. ASSIGNMENT. This Agreement may not be assigned or transferred by the Sponsor.

15. It is expressly agreed that neither Sponsor, nor the Company, nor their respective agents and representatives, shall disclose in any manner the terms and conditions of this Agreement to anyone not a party to it.

16. This Agreement is governed by the laws of the State of Arizona.

17. The Sponsor has read and agrees to these Terms and Conditions.

18. This agreement is fully executed upon tendering full or partial payment or submission of messaging files and/or specs to the Company.

Terms & conditions 01/01/2010