TERMS AND CONDITIONS FOR DNM
These Advertiser Terms and Conditions (the “Agreement”) governs your relationship with DineNM.com (hereby DNM). By advertising with DNM, you (the “Business”, “Advertiser”, “your” or “you”) hereby agree to be bound by the terms and conditions of the Agreement set forth below.- Term and Termination This Agreement shall begin on the date you sign up/pay DineNM.com and continues for the term identified therein (the “Term”). There are two Terms available: (1) 6-months for a Restaurant Profile and unlimited ads; or (2) 12 months for a Restaurant Profile and unlimited ads. Your Term starts immediately upon acceptance by DNM (which is the validation of the existence of your restaurant in New Mexico and that it is locally owned – no out-of- state chain restaurants are accepted). We don’t limit the number of ads you can put up within your Term, but we do limit the number of ads you can show on our site at one time to four (4). You can hide old ads for future use (e.g. “Our Patio is Now Open” and change ads easily yourself. DNM 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. DNM may also terminate the Agreement due to your breach thereof.
- Billing and Payment There is no billing. All Advertisers pay in advance before being able to post any Deals, Events or Specials on DNM. Call Mary Ford, Owner of DineNM.com at (505) 550-5052. She come by and pick up a check or credit card information and get you started immediately if you are in Albuquerque. If outside Albuquerque, you can mail a check to DineNM, PO Box 7968, Albuquerque, NM 87194.or call and give us your credit card information.
- We have two terms: 6 month subscription for $499.00 plus tax ($536.43) or 12 month subscription for $699.00 plus tax ($751.43). We will send you an email 10 days prior to the end of your existing term so that you may choose to renew. If you do not choose to do so, all ads will be taken down on your term end date and your restaurant profile hidden – for potential use in the future. We’re growing rapidly and you’ll want to be part of it! All subscriptions are done by credit card or a check. For credit card payment, which will currently be processed through PayPal, call Mary Ford, Owner of DineNM at (505) 550-5052. Check payments may be sent to us at DineNM, PO Box 7968, Albuquerque, NM 87194 or given to your DineNM representative: 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.
- Helping you get started: We will put up your restaurant information and logo, along with other data. DNM is designed so that you can post ads and accompanying pictures all from your smartphone, laptop or desktop! If you need our assistance, please see our step-by- step Tutorial or we are just a phone call away. This site was designed for immediacy and simplicity. 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 (Wine Tastings, New Location, Holiday dinners, etc.) or Specials (your daily lunch and/or dinner specials) or Deals immediately. Each ad has an end date, which can be changed by you as needed. Reminder: The number of active ads for each restaurant on DNM is limited to 4 at any one time so your servers don’t get confused and/or our web site isn’t overwhelmed by any one restaurant’s ads. Change the ads as you wish by turning them ON or OFF by clicking the Active? Button for instant flexibility. You are solely responsible for the context of all of your ads.
- Helping you get noticed: Every time a new ad appears from your restaurant, DNM will post it on our Facebook, Twitter, Instagram and Pinterest pages within 48 hours to let all of our followers see What's New. And DNM has a very popular ongoing contest on our Facebook site, which gives away gift certificates from our advertisers to our Facebook viewers who LIKE and SHARE the contest posting. Your participation in this contest is completely voluntary; to do so, just donate a gift certificate of any amount ($25 to $100) and DNM will pay to BOOST the Facebook post during a 2 week period, which will reach thousands of targeted Facebook followers.
- Business’ Advertising with DNM: DNM 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 DNM web site. DNM also reserves the right not to display, or to remove, any of Business’ advertising on the DNM web site, in accordance with DNM advertising guidelines. DNM may at its sole discretion (a) distribute Business’ advertising through DNM third party distribution partners and (b) include Business’ advertising in DNM search engine marketing program or (c) advertise your restaurant on our Facebook and other social media pages. DNM reserves the right to include an image, from DNM’s proprietary image gallery, into Business’ advertising. Business may elect to remove such image at any time by accessing Business’ account. Business also grants DNM an irrevocable (during the term of this Agreement) right and license to copy, resize and display Business’ logo and/or trademark for inclusion on Business’ advertising on the DNM web site as well as for use in DNM marketing or promotional materials, online postings, emails, or other media, and you agree that you shall not be entitled to payment associated with DNM use of the foregoing.
- Business’ Representations and Warranties: Business represents and warrants to DNM that (a) Business owns all artwork, text, trademarks, business names and/or other materials that it posts on DNM (“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 DNM, and Business’ web site does not contain, any content that is obscene, pornographic or otherwise offensive in nature.
- Indemnification: Business shall fully protect, indemnify and defend DNM 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 DNM by Business, regardless of cause or of any fault or negligence of DNM 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 DNM or the indemnified parties.
- Agencies and/or Third Party Advertisers: If Business advertises on DNM on behalf of a third party advertiser as an agency, Business hereby represents and warrants to DNM 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 DNM, 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.
- Limitation of Liability: IN NO EVENT WILL DNM 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 DNM TO BUSINESS EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY BUSINESS TO DNM DURING THE PROCEEDING THREE (3) MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
- Disclaimer of Warranties and Guarantees Business acknowledges and agrees that DNM services are provided to Business on an “AS IS” basis, and DNM 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, DNM disclaims all warranties and guarantees regarding an advertisement positioning, number of impressions or coupon redemption from DNM web site.
- Other Terms The Terms of the Agreement may be changed by DNM 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 DNM web site, and you agree to be bound by any changes. Business acknowledges and agrees that DNM 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 in their Contacts with DNM. Business will be liable for any attorney fees and costs if DNM 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.