BUILDAJAM ADVERTISER AGREEMENT

Th is Advertiser Agreement ("Agreement") sets forth the legally binding terms for your advertising on www.buildajam.com (the "Website"). By participating in the Buildajam Advertising Program, you are entering into a binding and enforceable legal agreement with Buildajam, LLC ("Buildajam"). You represent and warrant that you are authorized to enter into this Agreement. Please read these terms and conditions carefully since, by participating in the Buildajam Advertising Program, you are signifying your assent to this Agreement, Terms of Service, Privacy Policy, and Advertiser Guidelines set forth on the Website . As used in this Agreement, the terms "Advertiser" and "you" mean you and/or the entity which you represent.
1. SCOPE OF AGREEMENT
This Agreement governs Advertiser's publication of streaming audio advertising on the Website pursuant to the terms below.
2. YOUR OBLIGATIONS
Advertiser must provide Buildajam with complete, accurate and up-to-date information when creating its advertiser account on the Website ("Account"). Advertiser may not assume an identity other than its own when entering into this Agreement. Advertiser must notify Buildajam of any changes to submitted information within three (3) business days of the change. Advertiser must be 18 years of age or older to advertise with Buildajam. Advertiser may not advertise products or services of a company for which it is not a legally authorized representative.
Advertiser is solely responsible for any changes, debits, credits, authorized or unauthorized activity, and any other use of its Aaccount, including use and activity by authorized agents of Advertiser's company, and unauthorized use by those who have obtained Advertiser's Account information in any way whatsoever.
Buildajam reserves the right to terminate the account of any Advertiser at any time without prior notice, and/or pursue legal action in the event of system abuse, fraud, or any type of activity deemed inappropriate by Buildajam.
Advertiser agrees not to display any content that is defamatory, libelous, pornographic, obscene, otherwise unlawful, or that infringes upon any party's intellectual property or other proprietary rights.
3. PAYMENT TERMS

The Advertiser agrees to pay Buildajam the then-current fees as set forth on the Website. Advertiser acknowledges that its payment obligation hereunder is based solely on the time period an advertisement is posted to the Website and not on the advertisement's ability to achieve any specific sales or results.

Buildajam will maintain the Account for Advertiser pursuant to the terms set forth herein. After Advertiser uploads an advertisement, Buildajam will review the advertisement, and upon approval, will post it for the purchased timeframe. The Advertiser will be able to review any statistical reports related to the advertisement offered by Buildajam through the Advertiser's Account.

4. TERMINATION AND REFUNDS
You may cancel your participation in the Buildajam Advertising Program and/or your Account, by sending us a notification of cancellation to PO Box 133 Iselin NJ 08830. We reserve the right to review, decline, approve, or issue refunds on a case-to-case basis.
5. ADVERTISER'S REPRESENTATIONS AND WARRANTIES
You represent that you are the authorized owner or representative of the website(s), and or commercial entity featured in and/or sponsoring the Advertisements and that such website(s) and/or entity is not involved in any illegal activity, hate activity (whether racial or otherwise), and does not contain any libelous material. You will not hold Buildajam (and/or its owners, operators, and agents) or its affiliates liable or responsible for the activities of visitors who come to your website(s) through your advertisements posted to the Website. You further represent that your site is not unsuitable for the Buildajam Advertising Program(s). Unsuitable sites include but are not limited to those that promote violence; are pornographic; promote gambling; promote illegal activities; and/or violate or infringe upon the rights of any third party, including intellectual property rights. You further represent and warrant that if you collect cookie or web beacon information through the Website that you will not collect any personally identifiable information from any user or member of the Website without such user's or member's individual consent in each instance.
Advertiser further agrees that it will not, directly or indirectly, by any means, trick, link or artifice of any manner link any of the following content or material to the Website:
i. Any material which is displayed or transmitted in a way as to constitute indecent communications to minors;

ii. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" malicious java script or any other feature, which takes control of a third parties computer or CPU without the third parties' permission, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person including pop-ups and other type of devices; and/or

iii. Any material which contains any solicitation for prostitution, or which promotes or facilitates incentive based websites, "warez" websites or the hacking, cracking or the downloading or trading of copyrighted material.
6. ADVERTISER'S INDEMNIFICATION OBLIGATIONS
Advertiser agrees to indemnify and hold Buildajam (and/or its owners and operators) and its affiliates harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with: Advertiser's advertising content and/or Advertiser's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.
7. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
BUILDAJAM AND ITS OWNERS, OPERATORS AND AGENTS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH WILL BE DELIVERED. BUILAJAM, AND ITS OWNERS, OPERATORS AND AGENTS SHALL NOT BE LIABLE FOR THE CONTENTS OF ANY WEBSITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING ATTORNEYS' FEES) INCURRED BY ADVERTISER INCLUDING, WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO ADVERTISER. IN NO EVENT SHALL BUILDAJAM AND ITS OWNERS, OPERATORS AND AGENTS' LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO BUILDAJAM BY ADVERTISER HEREUNDER FOR THE THREE (3) MONTHS PRECEDING THE OCCURRENCE OF SUCH LIABILITY. IN NO EVENT SHALL BUILDAJAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BUILDAJAM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BUILDAJAM WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT OF THIS AGREEMENT, ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, OR IF IT'S WEBSITE(S) BECOMES INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. BUILDAJAM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. BUILDAJAM'S RIGHT TO REJECT ADVERTISEMENTS
All advertisements are subject to Buildajam's approval. Buildajam reserves the right to reject, cancel or remove any URL link, banners, and/or buttons at any time for any reason whatsoever.
9. JURISDICTION
If there is any dispute about or involving Buildajam you agree that the dispute shall be governed by the laws of the state of New Jersey, USA, without regard to conflict of law provisions. Any controversy or claim arising out of, or related to, this Agreement shall be settled by Arbitration in the County of Somerset, State of New Jersey, in accordance with the then existing rules of the American Arbitration Association and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter in the controversy. This Agreement is governed by the internal substantive laws of the State of New Jersey without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. AMENDMENT TO AGREEMENT

Buildajam reserves the right to change the terms upon which it offers its Advertising Program and other services to the public and may change this Agreement by posting such changes to the Website and emailing you notice thereof to your Account. After receiving notice thereof, Advertiser's continued participation in the Advertising Program and other services following such changes shall be deemed an assent to such changes.
11. ASSIGNMENT

Buildajam may assign, subcontract, or transfer this Agreement anytime at its sole discretion