Catholic Online - Services

Publishing Agreement

This Publisher Terms and Conditions Agreement (hereinafter the "Agreement") shall govern participation in the Catholic Online Advertising (COLA) online advertising network (the "Network"). By participating in the Network, you are agreeing to be bound by these Terms and Conditions. The term "Publisher" shall refer to any individual or entity who accepts the Terms and Conditions of this Agreement by submitting the required information for approval ("Membership") in the Network and checking the "I Agree" checkbox. Upon approval, Catholic Online Advertising (COLA) will provide to the Publisher advertising HTML codes ("Ad Codes") to allow the Publisher to serve advertisements on its approved websites.

1. Relationship. These Terms and Conditions:

(a) set forth the entire agreement between the parties and supersedes prior proposals, agreements and representations between the parties, whether written or oral, regarding the subject matter contained herein;

(b) may be changed at any time by Catholic Online Advertising (COLA), however, Catholic Online Advertising (COLA) will provide notice via email upon such changes;

(c) may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute together but one and the same document.

2. Publisher Obligations. As a Publisher, You agree not to:

(a) generate traffic to your website utilizing any of the following methods: listings on newsgroups, unsolicited bulk commercial e-mailings, instant messenger postings, chat room postings;

(b) engage in any form of fraudulent traffic generating methods including: robots, spiders, auto-spawning browsers, auto reloading, meta refreshes or any other form of fraudulent and artificial traffic;

(c) receive traffic from websites that contain materials that are deemed offensive or illegal in nature. This includes but is not limited to, websites promoting mp3, warez, EMU, ROM or pornographic materials;

(d) change or alter the Ad Codes provided by Catholic Online Advertising (COLA) in any way;

(e) place Ad Codes on pages of the following nature: blank pages with no content, pages that only contain advertisements. Furthermore, the Publisher agrees not to place Ad Codes on pages that are password protected;

(f) place Ad Codes on any root domain not specifically approved for membership within the Network;

(g) place Ad Codes on any webpage's that launch more than one pop up or pop under window.

Right to Refuse. Catholic Online Advertising (COLA) reserves the right to refuse to accept any publisher at its sole discretion, as a member of the Catholic Online Advertising (COLA) Network. Publisher websites shall not contain (or have direct links to) any content deemed inappropriate by Catholic Online Advertising (COLA) at its sole discretion, which includes but is not limited to the following: content promoting the use of alcohol, tobacco or illegal substances; sex, pornography or adult-oriented content; violence, expletives or inappropriate language; content promoting illegal activity such as copyright infringement, racism, hate, mail fraud, spam, pyramid schemes, investment opportunities or other advice not permitted under applicable law; content that is libelous, defamatory, contrary to public policy or otherwise unlawful.

If Publisher Obligations as outlined above are not upheld, any such actions will lead to account termination and all funds generated from said actions will be forfeited.

3. Catholic Online Advertising (COLA) Network Policies. As a Publisher, You acknowledge that:

a) your account will be monitored continuously by both the Catholic Online Advertising (COLA) traffic department and the proprietary Fraud Track Technology built into the Catholic Online Advertising (COLA) online advertising network. In the event Catholic Online Advertising (COLA) deems a Publisher's account to be outside the acceptable bounds for traffic quality, Catholic Online Advertising (COLA) will terminate the account. In the event traffic quality drops below the acceptable average for only a specific website within a Publisher's account, Catholic Online Advertising (COLA) will request that the Publisher remove the website from their account. Failure to do so will result in termination of the Publisher's membership;

b) membership in the Catholic Online Advertising (COLA) online advertising network is subject to prior approval by Catholic Online. Catholic Online Advertising (COLA) reserves the right to refuse service to any new or existing Publisher, at its sole discretion, with or without cause. Approval of membership in the Catholic Online Advertising (COLA) online advertising network is limited only to the specific root domain for which the Publisher has applied for approval.

c) 728x90 leaderboard, and 120x600/160x600 skyscrapers creative must be placed above the fold on an 1024x768 pixel screen (within 500 pixels of the top of the webpage) so they are viewable without scrolling; 300x250/336x280 medium rectangles must be placed above the fold on an 1024x768 pixel screen (within 500 pixels of the top of the webpage), unless the ad format is placed in-text. For clarification on what qualifies as in-text placement, please email the publisher support department before ad placement to ensure that you are in compliance with these terms and conditions.

d) Catholic Online Advertising (COLA) provides free default redirects or default campaigns in the event that Catholic Online Advertising (COLA) is unable to fill 100% of a Publisher's available inventory with paid advertising. Under no circumstances does Catholic Online Advertising (COLA) guarantee to fill any percentage of a website's inventory with paid advertising. In the event that a Publisher chooses not to specify a default, Catholic Online Advertising (COLA) will display 'house' ads and/or 'AdCouncil' Public Service Announcements (PSAs) when paid advertising is unavailable. These 'house' and 'AdCouncil' ads are not paid advertising and may also be displayed on Publishers' websites when technical difficulties require it;

e) Catholic Online Advertising (COLA) is the sole owner of all website, campaign, and aggregate user data collected by the Catholic Online Advertising (COLA) network. Advertisers have access only to website and aggregate user data that is collected as part of their campaign(s). Publishers have access only to campaign and aggregate user data that is collected through the use of their inventory.

f) Publisher may terminate their relationship with the Network at any time, with or without cause. Termination notice may be provided via email or any other public means and will be effective immediately. Upon receipt of such termination notice, the Publisher agrees to immediately remove the Catholic Online Advertising (COLA) Ad Codes from their website(s). The Publisher will be paid, in the next scheduled payment cycle, all legitimate earnings due up to the time of termination. Upon termination, and in the event that blatant fraudulent activities have been documented in the Catholic Online Advertising (COLA) server logs, all ties to referrals will be permanently severed and the Publisher will not receive future referral commissions.

4. Payment.

a) Catholic Online Advertising (COLA) shall have the sole responsibility for calculation and reporting of all statistics, including impressions, leads, sales, clicks, earnings reports, and referral earnings. Pacific Standard Time (PST) shall be the time period used for all traffic calculations;

b) Catholic Online Advertising (COLA) will pay the Publisher 70% of the advertising revenue received by Catholic Online Advertising (COLA) for advertising placed on the Publisher's website. Catholic Online Advertising (COLA) will retain 30% of the revenue for its services. Catholic Online Advertising (COLA) will pay the Publisher only for months in which earned revenue exceeds $50.00 for the month. Revenue which is not paid to the Publisher in any month will be credited to the account of the Publisher and paid later, when accrued revenue exceeds $50.00. Catholic Online Advertising (COLA) will make payments to the Publisher within 45 days after the end of the month. The Publisher may choose to be paid by either check or by Catholic Financial Services, and if the Publisher wishes to change the payment method, the Publisher can do so by contacting accounting@catholic.org . The Publisher agrees to keep the payment address and contact information in their account current.

5. Termination. Catholic Online Advertising (COLA) reserves the right to:

a) terminate any Publisher's account that has been inactive or idle for a period longer than one month. Notice via email of one week will be provided to the Publisher in the event their account is inactive or idle;

b) terminate any Publisher's relationship with the Network at any time, with or without cause. Termination notice may be provided via email or any other public means and will be effective immediately. Upon receipt of such termination notice, the Publisher agrees to immediately remove the Catholic Online Advertising (COLA) Ad Codes from their website(s). The Publisher will be paid, in the next scheduled payment cycle, all legitimate earnings due up to the time of termination. Upon termination, and in the event that blatant fraudulent activities have been documented in the Catholic Online Advertising (COLA) server logs, all ties to referrals will be permanently severed and the Publisher will not receive future referral commissions.

6. Intellectual Property.

a) The Publisher shall not have, nor will it claim, any right, title or interest in any advertising content delivered by Catholic Online Advertising (COLA) (other than the Publisher's own advertising content). The Publisher is granted no license to Catholic Online Advertising (COLA) advertising content, the name "Catholic Online" or any derivative thereof, or any other trademarks, logos, copyrights, patents, trade secrets or other intellectual property rights which are owned or controlled by Catholic Online and made available to the Publisher in any manner.

7. Publicity.

a) Catholic Online Advertising (COLA) shall have the right to reference and refer to its work for, and relationship with, the Publisher for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of Catholic Online Advertising (COLA) and the Publisher.

8. Relationship of Parties.

a) Catholic Online Advertising (COLA) and the Publisher are independent contractors. Neither party is an agent or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on the behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. These Terms and Conditions shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

9. Assignment.

a) The Publisher may not assign this Agreement, in whole or in part, without written consent from Catholic Online. Any attempt to assign this Agreement without such consent will be null and void.

10. Force Majeure.

a) Catholic Online Advertising (COLA) shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms and Conditions where such delay or failure arises by reason of any Act of God, or any government or governmental body, acts of war, the elements, strikes or labor disputes, or other cause beyond the control of Catholic Online Advertising (COLA).

11. Servability / Waiver.

a) The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any other or subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will remain in full force and effect.

12. Limitation of Liability.

a) In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services;

b) Catholic Online/Catholic Online Advertising (COLA) will not be subject to any liability whatsoever for:
i. any failure to provide reference or access to all or any part of the website due to systems failures or other technological failures of Catholic Online Advertising (COLA) or of the Internet;

ii. delays in delivery and/or non-delivery of advertisements, including, without limitation, difficulties with a client, difficulties with a third-party server, or electronic malfunction; and

iii. errors and omissions of any kind.

13. Warranties.

a) Catholic Online/Catholic Online Advertising (COLA) does not make and hereby expressly disclaims all warranties, express or implied, with respect to any matter whatsoever, including, without limitation, the performance of any software programs incidental to services rendered by Catholic Online, services provided thereunder, or any output or results thereof. Catholic Online Advertising (COLA) specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.

14. Governing Law.

a) Governing Law/Notice. These Terms and Conditions shall be construed and interpreted according to the laws of the State of California without reference to conflicts of law provisions. The parties hereby consent to the exclusive jurisdiction of the courts of Kern County , California . All written notices between the parties shall be deemed to have been given if personally delivered, sent by courier or certified, registered or express mail, or transmitted by electronic mail via the Internet (with copy sent by registered or certified airmail) to the address specified by applicant in the Join Form. Unless otherwise provided herein, all notices shall be deemed to have been duly given on (i) the date of receipt (or if delivery is refused, the date of such refusal) if delivered personally, by electronic mail or by courier, or (ii) three days after the date of posting if transmitted by mail.

15. Discrepancies.

Publisher must report any claims that Catholic Online Advertising (COLA) report of ads served to Publisher's website are inaccurate to Catholic Online Advertising (COLA) within 30 days following the end of the month in which such inaccuracy is believed to have occurred. Catholic Online Advertising (COLA) will make commercially reasonable efforts to resolve reported inaccuracies fairly. Resolution is at Catholic Online Advertising (COLA) sole discretion and all resolutions are final.

If you are an individual, you represent and warrant that you were at least 18 years of age on the effective date of this agreement.

Size Chart

Unit Size	Standard	Rich Media
468x60	16k	20k
728x90	16k	20k
300x250	16k	20k
336x280	16k	20k
120x600	16k	20k
160x600	16k	20k
Pop-Under	30k	35k

iFrame/JavaScript tags accepted for 3rd party serving.

Standard Formats

Image (GIF & JPG)

Max file size is 16k.
Must include click-through URL.
Requires up to 3 business days to post.

Third Party Redirects

Tag accepted from 3rd party: HREF/IMG SRC
Requires up to 3 business days to post.

Rich Media Formats

Flash

Flash should be exported as version 6.0
Max file size for the .swf file is 20k.
All .swf files must come with a back up .gif (max file size is 16k).
The click-thru URL will be assigned dynamically.
To prepare the Flash file for activation, read instructions provided.
Requires up to 3 business days to post.
iFrame/JavaScript tags accepted for 3rd party serving.
Audio: User initiated audio recommended.
Audio acceptance varies by site.
No looping restrictions.

Pop-Unders

Size is no larger than 740x550.
File must not exceed 35k.
If the creative is hosted by a third party, please provide the HREF and IMG SRC or an iFrame/JavaScript tag to Catholic Online.
Pop-unders are initiated by 468x60 banners.
Please submit a banner (max file size is 16k) and click-thru URL.
To use Flash, please check our Flash media specs.
Not allowed on all sites.
Requires up to 4 business days to post.
Cannot be a landing page

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Publishing Agreement