Advertising Insertion Order
Terms & Conditions

  1. These Advertising Insertion Order Terms and Conditions (“Terms and Conditions”) are made a part of and fully incorporated into the Insertion Order executed by and between Advertiser and Travel Spike and are collectively referred to as the “Insertion Order”.   As used herein, “Travel Spike” shall refer to Travel Spike LLC, a Georgia limited liability company with its principal place of business at 2849 Paces Ferry Rd SE Suite 220, Atlanta, GA 30339. “Advertiser” shall refer to the advertiser listed on the executed Insertion Order.
  2. The Advertiser represents and warrants that: (a) it will maintain at all times, a privacy policy disclosure on its own site that complies with applicable law and sufficiently describes its data collection and privacy policies and procedures, including those describing the services provided hereunder;(b) the content of the Ad (defined below) will not display or depict content that is illegal, obscene, pornographic, deceptive or defamatory;   and (c) it is the owner or is otherwise licensed to use the all  content and subject matter contained in its advertising and collateral information (including code, script and tags) submitted to Travel Spike (collectively “Ad” or “Ads”), including: (x) the names, images likeness, or personas  of persons used in the Ad; (y) any copyrighted material, trademarks, and/or depiction of the trademarked goods or services; (z) any testimonials or endorsements contained in any Ad; and (d) any code, script, tag  or other software used to create the Ad in a digital environment.  Further Advertiser represents and warrants that it has obtained or will obtain such consents, releases and authorizations as may be required and necessary to permit Travel Spike and its authorized third parties to perform its services and use such Ad in the performance of its services hereunder. In consideration of Travel Spike’s acceptance of such Ad for publication, Advertiser will indemnify and hold harmless Travel Spike against any and all loss, liability, damage and expense of any nature (including reasonable attorney’s fees) alleging any claim that arises out of the copying, printing, distribution, publishing or other use of the Ad.
  3. Travel Spike reserves the right, without liability, to reject, omit, or exclude any Ad for any reason at any time, with or without notice to the Advertiser, and whether or not such Ad was previously acknowledged, accepted, or published.
  4. The technology used by Travel Spike to create, serve and report on impressions, including all software therein, is proprietary or licensed to Travel Spike and protected by copyright and other laws.  Advertiser, its affiliates, subsidiaries, agencies and third parties will not (a) use any component of such technology except, and only to the extent necessary, to display Ads according to these terms and conditions; and (b) except and only to the extent necessary to display Ads, Advertiser shall not copy, print, display, publish, use, transmit, modify, create any derivative work from, or merge with or into any other software or program, or decompile, reverse compile, reverse engineer, decode, disassemble or otherwise attempt to derive source code from, any of such technology.  Advertiser understands and acknowledges that the provision of technology or services by third party vendors, services or web sites, are subject to the terms and conditions of the third party, and Travel Spike makes no representations about the third party’s technology, terms of use, third party’s acceptance of the Ad, the site content or network availability.
  5. Travel Spike accepts no responsibility and will not be held liable for any errors or omissions, caused in whole or in part by the Advertiser, its agency or other third party, in any Ad content or Advertiser code contained in or comprising the Ad, or for any errors or omissions in any Ad that is not published or otherwise distributed. Should an error appear in a published or distributed Ad that is due wholly to Travel Spike’s actions or omissions, Travel Spike’s liability will be limited to the cost of Travel Spike’s services charged to Advertiser prorated for that portion of the media schedule that has been completed.  UNDER NO CIRCUMSTANCES WILL TRAVEL SPIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, INCLUDING THOSE ARISING FROM BUT NOT LIMITED TO, MEDIA COSTS OR LOSSES CAUSED BY THE ACTIONS OR OMISSIONS OF AN UNRELATED THIRD PARTY.
  6. Cancellation of the Insertion Order can only be made with 7 business days’ written notice by either party.  If cancellation is made by the Advertiser and such Ad has been published, Advertiser is responsible for payment to Travel Spike of the fees generated prior to the effective date of termination.
  7. No conditions other than those set forth in this Insertion Order shall be binding on either party unless specifically agreed to in writing by both parties.  Notwithstanding any language to the contrary therein, no terms or conditions stated in any other insertion order shall be incorporated into or form any part of this Insertion Order, and all such terms or conditions shall be null and void. In particular, this Insertion Order may not be superseded, modified, extended or amended by any language contained in software, packaging, end-user agreement, “shrink-wrap”, “click-wrap”, or any other terms and conditions (“Terms of Use”) provided with any products or software provided by Advertiser, even if use of such products and software requires an affirmative “acceptance” of those Terms of Use before access is permitted.
  8. Travel Spike will not be liable for any delays in delivery and/or non-delivery of an Ad in the event of an internet failure, network unavailability, failure of third party systems or technology outside of the control of Travel Spike, an act of God, action by any government entity, transportation failures, strike, network difficulties, electronic malfunction, etc. or any condition beyond the control of Travel Spike affecting production or delivery in any manner.
  9. All costs billed are based on Travel Spike’s ad engine count of impressions and/or leads or clicks. In the event of a conflict between the number of impressions or clicks reported by Travel Spike and any remote server, both parties agree to use commercially reasonable efforts to reach agreement regarding the correct numbers. Advertiser will still be responsible for payment for undisputed fees and for payment of disputed fees after resolution of the dispute.
  10. Travel Spike does not guarantee results and is not responsible for performance of Advertiser’s campaign.   Regardless of the results, Full payment is still due and payable upon delivery of the impressions listed in this Insertion Order.
  11. ALL TECHNOLOGY, FILES AND SERVICES PROVIDED BY TRAVEL SPIKE OR ON ITS BEHALF ARE PROVIDED WITH NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  EXCEPT FOR THE CODE AND SCRIPT OR OTHER INTELLECTUAL PROPERTY OF TRAVEL SPIKE USED TO CREATE AND SERVE THE AD, ALL CONTENT INCLUDED IN IMPRESSIONS SERVED IS THE PROPERTY OF THE ADVERTISER, ITS AGENCY AND/OR ANY OTHER PARTY AUTHORING SUCH CONTENT; TRAVEL SPIKE DISCLAIMS ALL OWNERSHIP AND RESPONSIBILITY WITH RESPECT TO ANY SUCH CONTENT, AND ADVERTISER SHALL COMPLY WITH ALL TERMS OF USE, COPYRIGHT, PRIVACY, INTELLECTUAL PROPERTY AND OTHER LAWS TO THE EXTENT APPLICABLE TO SUCH CAMPAIGN AND CONTENT.  NEITHER TRAVEL SPIKE NOR ANY TRAVEL SPIKE LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ITS SERVICES, USE OF ANY TECHNOLOGY, FILE, CONTENT OR SERVICE, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR REVENUES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO MEDIA COSTS, UNDER ANY LEGAL THEORY. TO THE EXTENT THAT SUCH EXCLUSIONS ARE NOT PERMITTED BY LAW, THIS DISCLAIMER WILL BE INTERPRETED TO PERMIT THE MAXIMUM EXCLUSIONS ALLOWED.
  12. Signature by Advertiser and/or their ad agency on the Insertion Order acknowledges acceptance of the Insertion Order and specifically these Terms and Conditions.
  13. Travel Spike shall have the right to hold Advertiser and/or its agency jointly and severally liable for such monies as are due and payable to Travel Spike for its services that Advertiser or its agency ordered and which Ad was published or otherwise distributed.
  14. The Insertion Order is subject to the laws of the state of New York, without regard to its conflicts of law doctrine.