tripYIP Advertiser Terms and Conditions


1. Display of Advertising Material
tripYIP™.com is a free public informational website providing travel destination attraction data on a city by city basis. The tripYIP™ website consists of both paid advertisement listings and free informational listings; both of which are not necessarily associated with, connected with, affiliated with, endorsed by, sponsored by, approved by, or certified by their respective firms, owners or associates. Paid advertisements however are contractually considered as being "approved" by their respective firms; once engagement of our advertising services has occurred.

tripYIP™ may at our sole discretion choose to list certain venues on this website as free informational listings, for the purpose of enhancing our viewers learning experience about destination information that might not have otherwise been possible for those venues. With regard to our free informational listings, tripYIP™ is acting in the capacity of a travel information "educator". For the purpose of creating a smooth flow of continuity when viewing our website, we do not segregate paid advertisement listings from our free informational listings. Both paid advertisements and free informational listings are served together within their respective sections without any visual differentiation between one another.

tripYIP™ may redesign its site in its sole discretion at any time. If any redesign materially and adversely affects the placement of one or more advertisements, or if tripYIP™ is otherwise unable to display such advertisements, tripYIP™ will work with advertiser to display the affected advertisements elsewhere in comparable areas of the tripYIP™ site.

tripYIP™ reserves the right to change the design, content, appearance, size, order, layout, format or any other design or element of any of our website pages without any prior notice or notice whatsoever to our advertisers, customers or viewers. tripYIP™ may also at our discretion add or remove existing or new advertising formats, advertising sections, or advertising zones to our pages in any manner which we see fit. This shall include but not be limited to adding new or removing existing ad formats or modifying the overall number of ads contained within each page, section or zone. tripYIP™ may also increase or decrease the overall quantity of ad spaces available in any advertising section or zone on any page at any time without notice.

The advertising inventory under this Insertion Order is for use solely by the Advertiser and may not be used by any third party.

tripYIP™ advertisers agree to always have a working link/url which shall point to a specific page on their hosted website which pertains specifically to the venue being advertised for on our website. In addition, advertiser agrees that they will not link/url to any general corporate homepage; or any otherwise non-related link/url not pertaining to the exact venue to which their ad pertains. Under no circumstance shall an advertiser be permitted to link to any website to which they do not own, maintain or control. In addition, advertisers shall not be permitted to link to any website link/url which contains any advertising not related to the specific venue which is being advertised with us. Furthermore, tripYIP™ expressly prohibits allowing any link/url which points to any website which may be deemed by us as direct competition to our services being offered. Any violation of these link/url terms by an advertiser may cause tripYIP™ to temporarily suspend your ad until your link is corrected. Continuation of such may lead to permanent suspension of your ad with full forfeiture of monies paid.

All advertisements served on the tripYIP™.com website are served in equally shared impression rotation with all other same category type ads within a city. Upon each page refresh, ads may appear in different locations on a page but will always appear within the same category type within a city. Any guarantees are to equally shared impressions provided under the specific ad specifications (as measured by tripYIP™ in accordance with its standard methodologies and protocols), not “click through's”. tripYIP™ may provide Advertiser with standard usage information related to the advertisements if available. Advertiser may not disclose such information to any third party without tripYIP™’s express prior written consent. If there is a shortfall in delivery of equally served impressions as of the end of a specified display period, tripYIP™ will provide, as Advertiser’s sole remedy, “make good” impressions through comparable placements, to be delivered no later than ninety (90) days following the end of the term. Advertisers must provide all necessary artwork and active URLs to tripYIP™ in the time frame and the specified within the ad specifications.

tripYIP™ will be entitled to reject or discontinue advertisements at any time. In such event, Advertiser will be responsible for only a pro-rata portion of payments due hereunder, based on time period remaining of the ad term (the “Pro-rata Payments”). Advertiser shall bear full responsibility for all products or services offered, sold, or licensed through the advertisements or the Advertiser’s website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services.

2. Legal Terms & Conditions
License and Warranties. Advertiser hereby grants tripYIP™ the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the advertisements together with any content or materials on any interactive site linked to the advertisements through the tripYIP™ website. Advertiser certifies that it has all necessary rights and permissions to offer, sell and/or license such products and services through the advertisements and the Advertiser’s website, and that the advertisements and the Advertiser’s website do not and will not violate any applicable laws or regulations or any third-party rights (including, without limitation, intellectual property rights and image copyrights), or contain any libelous or defamatory materials. Advertiser certifies that the advertisements and the Advertiser’s website will at all times comply with all standard, written policies applicable to tripYIP™, including the privacy policies and ad specifications.

tripYIP™ Trademarks. Advertiser shall not use, display or modify tripYIP™’s trademarks in any manner without the prior written consent of tripYIP™.

Limitation of Liability; Disclaimer; Indemnification. (A) Except in connection with the confidentiality, solicitation, tax and indemnity provisions herein, damages under this agreement shall be limited to direct damages, (B) tripYIP™ does not make and specifically disclaims any representations or warranties, express or implied, and under no circumstances will tripYIP™’s aggregate liability hereunder or in connection herewith (including, without limitation, in respect of the indemnity below) exceed the advertising fees actually paid by Advertiser to tripYIP™ hereunder, and (C) each party (“indemnifying party”) hereby agrees to indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, distributors, franchises and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by indemnifying party of any duty, representation or warranty under these Terms and Conditions.

Related Limitations and Covenants.
Neither tripYIP™ nor its affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any advertisement beyond liability to give the advertiser or advertising agency credit for so much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.

tripYIP™ does not guarantee any given level of impressions, circulation, distribution, reach or readership for any advertisement. The advertiser and advertising agency jointly and severally assume liability for all content (including text representation, illustrations, updates and links to other internet content) of advertisements published and also assumes responsibility for any claims arising therefrom made against tripYIP™ or its affiliates, including all costs associated with defending any such claim.

tripYIP™ shall not be liable to the Advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or any web sites. In the event an account is referred to a third party for collection, advertiser and advertising agency agree to pay all collection fees including attorneys’ fees and court costs incurred to effect collection.

3. Contract Length, Cancellations and Refunds
All ads sold on this website are sold on a length of term basis. The payment made for each ad constitutes a length of term contract for the period of time applicable to the specific ad purchased. Advertisers may cancel and request a full refund for any ad placed on this website prior to it being placed in "live status" for public viewing. Once an ad has been approved and placed in "live status", there shall be no refunds provided for any subsequent cancellation of an ad. While an advertiser may cancel their ad at any time during it's "live status" and request it be "removed" from our site, the pre-paid payment made for the specific ad and it's entire full length of term is NON-REFUNDABLE.

Dated events such as concerts, shows or plays which end on a specific date may only be run for 90 consecutive days maximum and ad must end on the day after the last show date. The ad costs for a dated venue or event shall be that of one (1) full length ad term (even though such term offered may exceed this 90 day period); and NO PRORATION'S OR REFUNDS shall be entitled or given for such shorter term dated event ads. Such dated event ads shall automatically be terminated and removed from the site on the day after the last show date.

An advertiser may request to have any ad "removed" at any time for any reason; however the advertiser shall not be entitled to any refunds or proration's for any un-used length of ad term still remaining. Once an advertiser requests cancellation of an ad via any form of communication; such cancelled ad shall not be able to be restored by us under any circumstance. Cancelled ads are deemed terminated as soon as any notice of such request is received by us.

Any optional custom ad banner and text design services requested during the purchase of any ad are NON-REFUNDABLE once design work has started. Custom design services may take up to 5 business days to complete. You agree that stock photos shall be used for ad banners unless you otherwise provide us with specific photos which you would like us to use for your ad. Should you wish to have us use your photos, you agree to supply us with any and all requested sizes and styles necessary to properly complete the design work. You may also choose to provide us with your own text titles and/or descriptions, should you prefer our designers to not create these for you. Only (1) one revision in writing via email shall be allowed per each ad design ordered.

4. Solicitation; Privacy Policy; User Information
Advertiser shall not send unsolicited, commercial email or other online communications (e.g., “spam”) through or into tripYIP™ and shall comply with all standard tripYIP™ bulk email policies. Advertiser may not use the tripYIP™ name in conjunction with any solicited email campaigns without prior consent.

Advertiser shall ensure that its collection, use and disclosure of information obtained from tripYIP™ users under this Insertion Order complies with all applicable laws, regulations and privacy policies.Advertiser shall not disclose such user information to any party, nor shall Advertiser use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with tripYIP™. This section shall survive the completion, expiration, termination or cancellation of this Insertion Order for a period of two (2) years.

5. Confidentiality
Both parties will keep the existence and terms of this Insertion Order confidential and neither party will publish any press release related hereto without the prior written consent of the other party.

6. Termination
Either party may terminate this Insertion Order in the event of a material breach of this Insertion Order by the other party, which remains uncured after ten (10) days written notice thereof. In addition, tripYIP™ may terminate this Insertion Order upon a material breach by Advertiser of any other agreement between the parties which is not cured within cure period set forth in such agreement. If tripYIP™ terminates this Insertion Order due to Advertiser’s material breach of any requirement of this Insertion Order or of any other written agreement with tripYIP™, all of Advertiser’s payment obligations hereunder shall survive such termination.

If Advertiser terminates this Insertion Order due to tripYIP™’s material breach of this Insertion Order, Advertiser will be responsible only for the Pro-Rata Payments. tripYIP™ may terminate this Insertion Order at any time for any reason upon thirty (30) days written notice to Advertiser (or upon such shorter notice as may be designated by tripYIP™ in the event that tripYIP™ believes in good faith that further display of the advertisements will expose tripYIP™ to liability or other adverse consequences). In such event, Advertiser will be responsible only for only the Pro-Rata Payments.

tripYIP™ may at it's sole discretion temporarily suspend or permanently terminate any ad, at any time, for any reason should an advertiser fail to adhere to the terms set-forth in these terms. In such case of permanent termination, advertiser shall not be entitled to any credit or refund for any existing advertising paid for in advance - due to a breach of these set-forth terms and conditions.

7. Ad Specifications:
Showcase, Premier, Spotlight and Featured listings are sold as a rotation style ads which are displayed in equally shared impression rotation with all other same category type ads within a city. Upon each page refresh, ads may appear in different locations on a page but will always appear within the same category type within a city. Guaranteed placement locations are NOT available for Showcase, Premier, Spotlight or Featured listings and their placement may adjust anywhere on the page within the same category type within a city at our discretion.

Payment for ads must always be received prior to any ad going 'live'. Advertiser is responsible to provide for all ad content including image banners, titles, and text descriptions in a timely manner; unless design services have been requested by us for an additional cost. Ads will not go 'live' until all ad content has been submitted and approved by us.

Dated events such as concerts, shows or plays which end on a specific date may only be run consecutively for one (1) full-length ad term or a maximum of 6 months whichever is lesser; however such dated ad listings shall terminate on the day after the last show date (known as the 'expiration date'). The ad costs for a dated venue or event shall be that of one (1) full length ad term (regardless of whether the ad listing is terminated sooner due to the event's expiration date). NO PRORATION'S OR REFUNDS shall be entitled or given for dated event ads which are terminated sooner due to their expiration. Such dated event ads shall automatically be terminated and removed from the site on the day after the last show date (expiration date).

Except in the case of an error in typography, all supplied banner(s) and ad text may not be changed once ad is approved by us and goes 'live' on the site. The only exception to this clause is during the 1 month renewal period during which you may supply us with new ad banner(s) and/or text to be changed for the forthcoming renewing ad period.

We reserve all rights to approve or disapprove all ads being submitted for any reason. We also reserve the right to modify ads submitted in any way we see fit including but not limited to: correct punctuation, reduce caps, preserve proper sentence structure, reduce overall text length, compress and/or adjust image size, etc. We may ask for you to modify or replace certain banner ad images and/or text submitted to us if our editors have any concerns. Carefully following these guidelines set forth below will reduce any such occurrence.

At time of renewal, you will be emailed a renewal invoice 1 month prior to your ad term expiration. If you choose to renew you same ad type, please make your invoice payment and email us with any new updated banners and/or ad text to be replaced for the new ad term. Please note that you must provide us with any new updated banners and/or ad text prior to the current ad expiration date; so that we may make the necessary ad changes prior to the ad going 'live'. Should your renewal invoice go unpaid, your existing ad(s) shall be cancelled and removed from the site upon the term expiration. If you are wanting to place a totally different type of ad listing, please submit a new ad order from our website and disregard the renewal invoice.

All ads are sold on a per location / per venue / per attraction basis and absolutely no duplicate ad listings are allowed on any page or throughout the site. You may submit up to 3 different ads per property per city (i.e.. hotel, restaurant, attraction all at same property). All ads submitted must pertain to their specific city being listed within.

Optional custom ad banner/text design services requested during the purchase of any ad are non-refundable once design work has started and will take up to 5 business days to complete. You agree that stock photos shall be used for ad banners unless you otherwise provide us with specific photos which you would like us to use for your ad. Should you wish to have us use your photos, you agree to supply us with any and all requested sizes and styles necessary to properly complete the design work. You may also choose to provide us with your own text titles and/or descriptions, should you prefer our designers to not create these for you. Only (1) one revision in writing via email shall be allowed per each ad design ordered.

8. Miscellaneous
This Insertion Order sets forth the entire agreement between Advertiser and tripYIP™ with respect to the transactions set forth herein, and supersedes any and all prior agreements of tripYIP™ or Advertiser with respect to such transactions. If an advertising agency signs this Insertion Order on behalf of Advertiser, the agency thereby represents and warrants that it has full authority to bind Advertiser to the terms of this Insertion Order and that it will ensure that Advertiser complies with all such terms.

Advertiser shall not make any assignment of this Insertion Order or any rights benefits or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of tripYIP™. In the event of an assignment, this Insertion Order shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.

This Insertion Order shall be interpreted, construed and enforced in accordance with the laws of the state of Nevada, except for its conflicts of laws principles. Any dispute between Advertiser or anyone affiliated with Advertiser, and on the other hand, tripYIP™ or anyone affiliated therewith, whether in contract, tort, under statute or otherwise will be resolved by confidential arbitration within 25 miles from the Clark County Courthouse in Las Vegas, Nevada according to the effective rules of the American Arbitration Association for a single arbitrator. Any dispute otherwise, such as if the arbitrator finds it is not subject to arbitration, any demand for arbitration or any other dispute between the parties will be resolved in any court in Clark County, Nevada within 25 miles of the Clark County Courthouse in Las Vegas, Nevada. An award from arbitration may be enforced in any court having jurisdiction over the party against who the award has been made. Any dispute subject to this paragraph shall be governed by Nevada law, except with respect to any provision directing the application of the law to another jurisdiction. Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the state of Nevada and the federal courts situated in the State of Nevada in connection with any action arising under this Insertion Order.

9. Promotions & Bonus Time / Free Month(s) Offers
Any advertising discounts and/or promotions being offered shall be subject to the terms and conditions of the specific promotion being listed; which shall always appear on the advertising page where the promotion is being offered. Any free additional bonus time / free month(s) offers shall be given as one-time per venue new ad promotion; and shall not apply to future renewals for the same ad nor to any new ads placed for the same venue. Advertisers may not place a new ad for the same venue in order to re-qualify for any promotions for bonus time / free month(s). Once a promotional offer has been given for a specific venue, no further promotions shall be given for that same venue under any circumstance. New ads placed for new venues that have never been listed; do however qualify for any currently offered bonus time / free month(s) offers.

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