These Advertiser Terms and Conditions (the “Agreement”) governs your relationship with DINENM.COM. By advertising with DINENM.COM, you (the “Business”, “Advertiser”, “your” or “you”) hereby agree to be bound by the terms and conditions of the Agreement set forth below.
1.Term and Termination
This Agreement shall begin on the date you sign up with DINENM.COM online on our website (www.DINENM.COM) and continue for the term identified therein (the “Term”). There are three Terms (or "Subscriptions") available: (1) 6-months for a Restaurant Profile and 12 ads; (2) 12 months for a Restaurant Profile and 24 ads, and (3) 6-month Restaurant Listing (restaurant profile only - no ads). Your Term starts immediately upon acceptance by DINENM.COM (validation of the existence of your restaurant in New Mexico and that it is locally owned).
DINENM.COM may terminate the Agreement at any time for any or no reason by providing Business written notice of such termination in accordance with the terms of this Agreement. DINENM.COM may also terminate the Agreement due to your breach thereof.
2. Billing and Payment
There is no billing. All Advertisers must pay in advance when they register on our web site to be included on www.DINENM.COM for our 6 month subscription at $474.00 (only $79.00/month!) or our 12 month subscription at $672.00 (only $56.00/month!) or for our Restaurant Listing Only ($200.00 for 6 months). We will send you an email 10 days prior to the end of your existing term. Term shall be renewed automatically at the level of your last purchased Term. Cancellations for automatic renewals must be made at least 5 days prior to the end of the existing Term. DINENM.COM reserves the right to increase or decrease these amounts with a 20 day written notice sent via email to Advertiser prior to the end of your current Term.
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All payments are made through our website by credit card or check: Easy to use portal accepts all major credit cards (Visa, MC, AmEx and Discover) and checks. Advertiser must pay in advance on our web site (www.DINENM.COM) by credit card or check before being able to post any Deals, Events or Specials.
Cancellations: Advertiser may not cancel a Term once he/she signs up and pays until the end of the Term, whether or not you post any Deals, Events or Specials.
3. Helping you get started
DINENM.COM will produce your Restaurant Profile (on the Restaurants page) and put up your first 2 ads at no extra charge and is included in your subscription (either 6 month or 12 month Terms). Advertiser is solely responsible for sending all necessary elements for us to do so by email. Click Here to send files to Support E-mail. (See details below.) DINENM.COM will email you copies of your ad(s) that DINENM.COM creates for your review before posting them “live” on our site.
In order to produce your Restaurant Profile and initial ads, we would need the following: (1) a clean digital copy of your logo (400 x 400 px or larger); (2) a write-up of your restaurant – OR we can take it off your web site; (3) the wording for your ads; (4) clean digital photos appropriate for each ad; (5) the details for each ad i.e. wording, expiration date, availability (Ex: Valid Monday – Thursday), (6) disclaimers -- other than our General Disclaimers on each page of our web site. Your ads may be Deals, Specials or Events. Email this information to us. Click here to E-mail files to Support.
We want to make it easy for you to add other ads so you can beef up your advertising on slow days or post an Event or Special or Deal immediately. To do so, please follow the easy step-by-step Tutorial on our website which will walk you through how to put up additional ads. (See the dropdown menu after you login.) If you need additional help, please contact us by Clicking here to E-mail Support and someone will return your email or call you as soon as possible within 24 hours. For DINENM.COM to create additional ads is $10 each, payable with your request to do so.
The number of active ads for each restaurant on DINENM.COM is limited to three at any one time so your wait staff doesn’t get confused and our web site overwhelmed by any one restaurant. Change the ads as you wish by turning them ON or OFF for instant flexibility.
3. Helping you get noticed
Everytime a new ad appears from your restaurant, DINENM.COM will post it on our Facebook page and send out a Tweet to let all of our followers see What's New.
DINENM.COM has a very popular ongoing contest on our Facebook site, which gives away gift certificates from our advertisers to Facebook members who LIKE and SHARE the contest posting. DineNM.com then picks one person who has done so and awards your gift certificate to them to use. Your participation in this contest is completely voluntary; to do so, just donate a gift certificate of any amount (up to $100) and DINENM.COM will match that amount in boosting the Facebook post, which will reach thousands of targeted Facebook followers.
4. Business’ Advertising with DINENM.COM
DINENM.COM reserves the right to modify any elements of Business’ advertising, including placement, size, format, text or any other elements and to move the listing within the directory listing categories on the DINENM.COM web site. DINENM.COM also reserves the right not to display, or to remove, any of Business’ advertising on the DINENM.COM web site or a DINENM.COM distribution partner web site, in accordance with DINENM.COM advertising guidelines. DINENM.COM may at its sole discretion (a) distribute Business’ advertising through DINENM.COM third party distribution partners and (b) include Business’ advertising in DINENM.COM search engine marketing program or (c) advertise your restaurant on our Facebook and other social media pages. DINENM.COM reserves the right to include an image, from DINENM.COM proprietary image gallery, into Business’ advertising. Business may elect to remove such image at any time by notifying DINENM.COM and/or by accessing Business’ account. Business also grants DINENM.COM an irrevocable (during the term of this Agreement) right and license to copy, display and modify Business’ logo and/or trademark for inclusion on Business’ advertising on the DINENM.COM web site and the web sites of DINENM.COM distribution partners, as well as for use in DINENM.COM marketing or promotional materials, online postings, emails, or other media, and you agree that you shall not be entitled to payment associated with DINENM.COM use of the foregoing.
5. Business’ Representations and Warranties
Business represents and warrants to DINENM.COM that (a) Business owns all artwork, text, trademarks, business names and/or other materials that it posts on DINENM.COM (“Business’ Content”), and none of the Business’ Content shall infringe upon the intellectual property rights of any third party; (b) Business’ performance hereunder will not cause a material breach of any agreement to which it is a party; (c) Business has the right and authority to enter into this Agreement and perform the obligations herein; (d) Business will at all times comply with all applicable laws and regulations; and (e) Business will not provide DINENM.COM, and Business’ web site does not contain, any content that is obscene, pornographic or otherwise offensive in nature.
Business shall fully protect, indemnify and defend DINENM.COM and all of its agents, officers, suppliers, partners, and employees (“Indemnified Parties”) and hold each of them harmless from and against any and all claims, demands, liens, damages, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations, property damage, attorney fees and court costs, based upon or arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (a) any breach of Business’ representations, warranties, or obligations as provided in this Agreement, and (b) Business’ advertising, products or services, or the provision thereof to consumers, Business’ web site, and any Business Content and any video or audio content submitted to DINENM.COM by Business, regardless of cause or of any fault or negligence of DINENM.COM or the indemnified parties and without regard to cause or to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by DINENM.COM or the indemnified parties.
7. Agencies and/or Third Party Advertisers
If Business advertises on DINENM.COM on behalf of a third party advertiser as an agency, Business hereby represents and warrants to DINENM.COM that such third party advertiser (“Third Party Advertiser”) is contractually bound by the terms of this Agreement and as such is subject to all obligations and restrictions applicable to Business hereunder and all representations and warranties made by Business hereunder. In furtherance of the foregoing, Business agrees to indemnify, defend and hold harmless DINENM.COM, its subsidiaries, affiliates, agents, partners, officers, employees, and vendors and suppliers from and against any loss, cost, claim, injury or damage (including attorney fees) resulting from claims or actions arising out of or in connection with a breach of this Agreement by any Third Party Advertiser.
8. Limitation of Liability
IN NO EVENT WILL DINENM.COM BE LIABLE TO BUSINESS FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DINENM.COM TO BUSINESS EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY BUSINESS TO DINENM.COM DURING THE PROCEEDING THREE (3) MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
9. Disclaimer of Warranties and Guarantees
Business acknowledges and agrees that DINENM.COM services are provided to Business on an “AS IS” basis, and DINENM.COM disclaims any and all express or implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law, and furthermore, to the fullest extent permitted by law, DINENM.COM disclaims all warranties and guarantees regarding an advertisement positioning, number of impressions or coupon redemption from DINENM.COM web site.
10. Other Terms
The Terms of the Agreement may be changed by DINENM.COM from time to time, and any notices hereunder shall be made, by providing you with email or written notice, or by posting any such changes on the DINENM.COM web site, and you agree to be bound by any changes. Business acknowledges and agrees that DINENM.COM may from time to time send surveys and other marketing-related correspondence to Business via electronic or standard mail, and that Business may opt-out from receiving such correspondence in the future, In addition, Business agrees that it is required to maintain a current and operational email address on file with DINENM.COM. Business will be liable for any attorney fees and costs if DINENM.COM takes any legal action to enforce this Agreement. The laws of the State of New Mexico (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Albuquerque, New Mexico are the exclusive forum for litigation of any claim by you arising under this Agreement, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside Albuquerque, New Mexico.
I ACKNOWLEDGE UPON AGREEING TO THIS AGREEMENT THAT I HAVE READ IT AND HAVE NOT RELIED UPON ANY STATEMENTS, PROMISES OR REPRESENTATIONS OTHER THAN THAT CONTAINED HEREIN.