Online Advertising and Marketing Services

Virtuality offers a variety of services to improve a website’s online visibility. By engaging us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us.

Cardinal Digital Marketing (CWS) provides search engine marketing, optimization and associated services on a local, national and international basis. As such, we submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, SMS, Voice, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply.

Advertising Material

Virtuality has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize Virtuality to develop content based on information or material provided by you or your designees and collected by Virtuality including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to Virtuality is truthful, not misleading, and that you have the authority to represent this product and service information to Virtualiy. Additionally, if so contracted, you authorize Virtuality to contact your customers for the sole purpose of gaining endorsements and reviews of your products and services for publication. Further, articles, press releases, and blog postings will be sent for approval before publishing.

Unacceptable Practices

As Virtuality strives to offer the very best service, there are certain guidelines and policies that must govern Virtuality’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Virtuality’s services. Such decisions are at the sole discretion of Virtuality. Unacceptable practices include, but are not limited to:

Payment

The Client agrees to pay Virtuality compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract. as applicable. Payments shall be made on the final day of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month, will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.

Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations

Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless Virtuality against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to Virtuality resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement

No Guarantees

You acknowledge and agree that Virtuality makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results. Virtuality does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query. Virtuality does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.

Force Majeure

Neither you nor Virtuality will be in breach of its obligations under these Terms and Conditions of Service (other than obligation to pay monies due) in the event that, for cause(s) beyond reasonable control, each party is unable to perform, in whole or in part, any one or more of its obligations. Such causes will include, but not be limited to governmental regulation, fire or other causality, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or any other cause not within the reasonable control of either party.