General Information

The following is highly sensitive information about the state of online advertising and marketing. But be forewarned: Once you know, you know.

Did you know the Internet is the fastest growing medium in history? From 0 to 50 million viewers in 5 years.

Did you know the user population will surge again this year from nearly 50 million to more than 63 million...to nearly 100 million by the turn of the past millennium?

Leading interactive marketers, both brands with an established online presence and the growing numbers of newcomers to the Net, have made their imperatives clear.

Reach: Big reach against your key consumer and business targets. Efficient reach, too. You don't just want it. 

Relevance: Content that fits your message like a glove. Content that doesn't just deliver eyeballs, but the right eyeballs. Eyeballs that belong to people interested in your brands.

Results: ArabBay.com delivers, pure and simple. As the Web evolves into a mainstream medium, marketers want performance, not promises. Consistently higher click-throughs and e-commerce that really sells.

Reach Relevance: Results. The "3Rs" of online marketing. One site goes farther than any other - search engines, directories, content sites and commerce sites alike - to give you all three.

Standard Advertising Terms and Conditions 

By submitting advertising for publication within the Services, each advertiser and advertising agency agrees the following standard advertising terms and conditions:

General: A signed contract must be submitted to ArabBay.com five days in advance of initial publication date. By submitting advertising for inclusion on the ArabBay.com site, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on ArabBay.com unless specifically agreed to in writing by ArabBay.com. ArabBay.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency. This contract supersedes all terms and conditions on ArabBay.com's rate cards.

Changes and Cancellations: All artwork must be received at least five days in advance of publication date. Cancellations or copy changes will not be accepted after the published closing date of the update to the ArabBay.com site. Changes to artwork must be received by ArabBay.com at least three days in advance of requested change date. Any cancellations or change orders must be made in writing and acknowledged by ArabBay.com. Change orders cannot be submitted any more frequently than once every fourteen days. This contract may be canceled by ArabBay.com or advertiser/agency on 30 days notice to the other party.

Payment: Unless otherwise agreed in writing, payments due ArabBay.com are 50% of first month's fees when the contract is executed by the advertiser/agency and 50% upon publication. If payment is not made timely, ArabBay.com at its option, may terminate the contract. In addition, advertiser/agency shall be liable to ArabBay.com for all attorney's fees and other costs of collection. ArabBay.com shall have the right to hold the advertiser and/or its agency or agent jointly and severally liable for all amounts due.

Frequency and Discounts: If ArabBay.com fails to provide the guaranteed number of impressions, ArabBay.com will make good on this contract by providing advertiser with additional impressions. ArabBay.com will not make good for under-delivery due to delays caused by advertiser/agency. Advertiser/agency understands that all frequency discounts are based on the advertiser's/agency's commitment to fulfilling the frequency indicated in the contract. If, for any reason, this frequency is not met by the time of expiration or cancellation of the contract, advertiser/agency agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown in the contract and the rate earned based on the applicable rate card for the actual frequency completed. ArabBay.com will provide daily online traffic reports. These reports will be deleted 90 days after the campaign ends.

Growth and Renewal: (a) Per Impression Contracts. At the expiration of a contract for a guaranteed number of impressions, provided the contract is for a length of time 180 days or longer, advertiser/agency has the right to renew the contract for the same number of impressions for a second contract period identical in duration to the first. The purchase price for a second contract period will be determined by ArabBay.com's then current rate card. (b) Notice of Renewal. In order to exercise the right of renewal, advertiser/agency must notify ArabBay.com in writing 30 days before the termination date of this contract that the advertiser/agency is purchasing the same contract for the second contract period. Failure to give timely notice will result in forfeiture of the right to renew.

Licenses and Indemnification: The advertiser/agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertising and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks and/or depictions of trademarked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to ArabBay.com. In consideration of ArabBay.com's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold ArabBay.com harmless against all loss, liability, damage and expense of any nature (including attorney's fees) arising out of the copying, printing, distributing, or publishing of advertiser's/agency's advertisements. If advertiser possesses any preexisting copyright interests in the advertisements, advertiser grants ArabBay.com the right to use, reproduce, and distribute the advertisements.

Rejections: ArabBay.com reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement or link was previously acknowledged, accepted, or published.

Limitation of Liability: ArabBay.com shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, ArabBay.com's liability will be limited to the cost of the advertisement (prorated for the publishing completed). ArabBay.com will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the ArabBay.com site. ArabBay.com does not represent or warrant that the ArabBay.com site will meet the objectives or needs of advertiser/agency or any third party. In no event will ArabBay.com be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other nonperformance related to the ArabBay.com site.

UNDER NO CIRCUMSTANCES WILL ArabBay.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ArabBay.com HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Choice of Law and Forum: This contract shall be interpreted and construed in accordance with the laws of the Commonwealth of California, without regard to its conflicts of laws provision, and with the same force and effect as if fully executed and performed therein. Each party hereby consents to the personal jurisdiction of the Commonwealth of California, acknowledges that venue is proper in any state or Federal court in the Commonwealth of California, agrees that any action related to this Agreement must be brought in a state or Federal court in the Commonwealth of California, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.

Miscellaneous: This contract cannot be sold, assigned or transferred by advertiser/agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by ArabBay.com shall operate as a waiver of any other provision or any subsequent default. These terms represent the entire agreement of the parties; ArabBay.com will not be bound by the representations of any agents, brokers, or other third parties Any modifications must be in writing and signed by an authorized representative of ArabBay.com.