Terms

Terms & Conditions

DelMarVa Cartoon Maps
Delaware, Maryland, Virginia and beyond!

Stay “TOONED” for a Cartoon Map Coming to Your Community!

STANDARD TERMS AND CONDITIONS

1. Payment Terms. Sponsor will pay a non-refundable deposit, for artwork, in the amount of 50 percent of the total amount due for ad placement and maps specified on the reverse of this page. The deposit is due upon execution of this Agreement. The remaining balance is due, without further notice or invoice, upon delivery of the artist’s proof, irrespective of whether Sponsor accepts the proof. Interest at 18 percent per annum will be charged on any amount remaining unpaid 30 days after it comes due.

2. Artwork. Sponsor’s ad will be depicted on the map as close to Sponsor’s actual location as the cartooning process allows. Since the map is a cartoon map, however, the ad location will be subject to the artist’s sole discretion. The cartoon map is not to scale and should not be relied upon for aircraft navigation, specific property locations, or emergency purposes. Actual color of Sponsor’s ad may vary due to the printing process or the artist’s conception. The size and appearance of the map may vary depending on the number of sponsors represented on the map. Sponsor will not be permitted to vary the specifications on the reverse of this page except upon a written modification signed by both parties. Artwork created for use in the map is protected by copyright and may not be used without permission of DelmarvaCartoonMaps.com. For special event maps, display ads are not business location-specific, and may be placed along printed borders. Sponsor warrants further that it is duly authorized to use any logo or other artwork it provides to DelmarvaCartoonMaps.com for inclusion in Sponsor’s ad.

3. Promotions Separate. DelmarvaCartoonMaps.com is independent of all media sponsors, and will not be liable for any error, omission, change in format, or similar act of any media sponsor. Any radio, TV, or print promotion offered in connection with Sponsor’s ad or the map is the sole responsibility of the media sponsor and is subject to change without notice.

4. Awards and Indemnity. Sponsor will provide in a timely manner gift certificates, premiums, prizes, or other awards, if any, in accordance with the specifications on the reverse of this page. Sponsor will be solely responsible for all such awards, and will indemnify, defend, and hold harmless DelmarvaCartoonMaps.com from and against any claims arising out of Sponsor’s failure to provide any award or any defect in or deficiency of any award.

5. Default and Remedies. In the event Sponsor fails to make any payment required under this Agreement when due, DelmarvaCartoonMaps.com, in its sole discretion, may take one or more of the following actions without further notice: (a) terminate the Agreement, cease any continuing work on Sponsor’s ad, and publish the map without Sponsor’s ad; (b) proceed to collect any amounts owing and recover any other damages by legal action; and (c) pursue any other rights or remedies of DelmarvaCartoonMaps.com under this Agreement, at law, or in equity. The remedies set forth in this paragraph are cumulative. DelmarvaCartoonMaps.com’s failure to pursue any one or more of these remedies will not be considered a waiver of any of its rights under this Agreement.

6. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, except as such laws may be preempted or superseded by the laws of the United States. Sponsor hereby consents to the jurisdiction of the courts of the State of Delaware, or the courts of the United States of America located in the State of Delaware, as the case may be, with venue in either Kent, Sussex or New Castle Counties, as the sole forum for any litigation arising out of this Agreement. In the event DelmarvaCartoonMaps.com is required to take any action to collect fees due or otherwise enforce its rights under this Agreement, DelmarvaCartoonMaps.com will be entitled to recover from Sponsor its costs, including reasonable attorney fees, whether incurred in litigation or otherwise.

7. Disclaimer of Warranties. DELMARVACARTOONMAPS.COM WILL PERFORM ITS SERVICES UNDER THIS AGREEMENT IN ACCORDANCE WITH THE LOCAL STANDARD OF CARE IN THE INDUSTRY. DELMARVACARTOONMAPS.COM DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY ALLEGED DEFAULT BY DELMARVACARTOONMAPS.COM, SPONSOR WILL BE ENTITLED TO RECOVER ONLY THE PRICE OF THE AD AND MAPS PURCHASED, AS SPECIFIED ON THE REVERSE OF THIS PAGE. IN NO EVENT WILL DELMARVACARTOONMAPS.COM BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.

8. Miscellaneous. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement, and supersedes all previous or contemporaneous representations or agreements of the parties regarding the subject matter of this Agreement. No modification of this Agreement shall be valid or binding unless made in writing and signed by both parties. Any waiver of any provision of this Agreement shall be in writing and shall be signed by the party waiving the provision. This Agreement shall not be assignable by either party without the prior written consent of the other party. Subject to this limitation on assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties' respective successors, agents and assigns. The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions. This Agreement is made for the exclusive benefit of the parties. No other person or entity shall have any interest in, or be classified as a third-party beneficiary to, this Agreement. Sponsor warrants that the person signing on its behalf on the reverse of this page has been duly authorized to do so. Sponsor will indemnify, defend, and hold harmless DelmarvaCartoonMaps.com from and against any claims arising out of Sponsor’s breach of any warranty, representation, or other obligation under this Agreement.