FIRE ISLAND PINES BY OWNER, LLC
P.O. Box 5231
Fire Island Pines, New York 11782
(202) 361-3600 (phone)

Advertising Agreement

THIS ADVERTISING AGREEMENT (this “Agreement”) is entered by and between Fire Island Pines By Owner, LLC, a New York limited liability company (“FIPBO”, “we”, “us” or “our”) and you as the landlord (“Landlord”, “you” or “your”).

This Agreement is made between FIPBO and the Landlord, who agrees to purchase an advertisement (the “Advertisement”) on the Fire Island Pines By Owner, LLC website (the “Site”). Payments are due before the Advertisement is placed on the Site.

As described in more detail below, FIPBO has the right and option to approve, in our absolute discretion, the content of any advertising material that you submit to us. We also reserve the right to reject any advertising material which we deem objectionable or does not fit within our business model (e.g., if such material contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in our sole discretion). If we reject any advertising material that you submit to us, we will notify you. Even after we accept your advertising material, we have the right to remove it if it does not function correctly or for any of the reasons described above. Our placing of the Advertisement on the Site does not signify our approval or waiver of the right to object to the Advertisement in the future.

FIPBO shall have the right to sell, assign or transfer this Agreement with all its rights, title and interest herein to any person or company at any time during the term of this Agreement, and any assignee of this contract shall assume all rights and obligations of FIPBO under this Agreement.

1. Advertising Services.
(a) Landlord’s Deliverables. Landlord will deliver to FIPBO through the Site up to twelve (12) photographs of the real property being advertised and a narrative describing the real property (the “Landlord Deliverables”) to be included in the Advertisement. Landlord will not have access to the Advertisement directly. FIPBO will maintain the Landlord Deliverables and reserves the right to edit, if necessary, any content included in the Advertisement.
(b) FIPBO’s Responsibilities. Within ten (10) days of FIPBO’s receipt of the Landlord Deliverables and payment of all fees due hereunder, FIPBO shall include the Advertisement on the Site. Once the Advertisement is placed on the Site, FIPBO shall generate and provide to Landlord an email address specific to the real property that is included in the Advertisement. This will be the email address where potential renters and/or buyers can contact Landlord. The email address will be in the form of “propertyaddress”@fireislandpinesbyowner.com. If at any time after the Advertisement is placed on the Site, Landlord wishes to modify any of the Landlord Deliverables (subject to FIPBO’s approval), there will be a $49 service fee per occurrence.

2. Fees and Payment.
All fees are payable in advance of the commencement of display of the Advertisement on the Site and shall be made through the payment feature on the Site. All Advertisement fees are non-refundable. Upon execution of this Agreement, FIPBO will commence the setup for Landlord’s Advertisement on the Site. FIPBO will make the Advertisement visible on the Site within ten (10) days of receipt of the Landlord Deliverables and payment of fees.

3. Indemnification.
In addition to the indemnification responsibilities listed in Section 8 below, Landlord agrees to indemnify, defend, and save FIPBO, its employees, its contractors, and its agents harmless from any actions, expense, or claims arising out of anything contained in the Advertisement done by FIPBO for Landlord, or for the unauthorized use of any person's name or photograph, or any words, trademarks, artwork or copyrighted matter contained in the Advertisement.

4. No Guarantee.
FIPBO does not guarantee to Landlord that Landlord will sell and/or rent real property by virtue of FIPBO’s placing the Advertisement on the Site. The Site is solely a vehicle on which Landlord may display the Advertisement for the sale or renting of real property.

5. License to FIPBO.
Landlord hereby grants FIPBO a royalty-free, non-transferable, non-exclusive license to use all photographs, other ad copy to be incorporated and used in the Advertisement and all other intellectual property provided by Landlord.

6. Service Interruptions:
Landlord agrees not to hold FIPBO responsible for any liability, loss, cost, claim, damage or causes of action of any kind that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays on the Site and incomplete or interrupted service on the Site, regardless of cause or fault.

7. Representations and Warranties.
Landlord represents and warrants that he, she or it: (i) owns and/or has all necessary rights and authority to offer for rent or sale and to rent or sell the real property that is subject of the Advertisement and (ii) has accurately described the subject real property and has not failed to disclose a material defect in such real property.

8. Truth in Advertising; Indemnification for Liability.
Landlord is solely responsible for any liability arising out of or relating to the Advertisement, and/or any material to which users can access or view in the Advertisement. Landlord represents and warrants that any information found in the Advertisement (or on URLs hyperlinked from the Advertisement, if any) will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, image, or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity. Landlord agrees to indemnify FIPBO and to hold FIPBO and its owners, officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims, or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by FIPBO arising out of or related to Landlord’s breach of any of the foregoing representations and warranties.

9. Relationship of Parties.
The relationship of FIPBO to Landlord shall be that of independent contractor. Nothing herein shall be deemed or construed to create a joint venture, partnership, agency or employee/employer relationship between the parties.

10. Successors and Assigns.
This Agreement is binding upon, and shall inure to the benefit of, the parties hereto and their heirs, assigns, and successors in interest.

11. Disputes.
All claims or disputes between Landlord and FIPBO arising from or relating to this Agreement shall be mutually resolved, if possible, through good faith mediation between the parties. In the event no resolution occurs within sixty (60) days of good faith mediation, the parties may exercise any dispute resolution mechanism available at law.

12. Waiver.
The waiver by any party of a breach of any provision of this Agreement will not be construed as a waiver of a subsequent breach of the same provision by that party or the breach of any other provision of this Agreement. The delay or failure of a party to exercise any right or remedy under this Agreement will not constitute a waiver by that party of any breach of this Agreement. Any waiver of any breach under this Agreement must be in writing.

13. Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without reference to its principles of conflicts of law. The parties consent to the jurisdiction of the federal and state courts located within the State of New York.

14. Entire Agreement.
The terms and conditions contained in this Agreement, and any and all attached exhibits and schedules, constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, representations, statements, negotiations and undertakings, whether written or oral, are hereby superseded.

15. Severability.
In the event any of the provisions of this Agreement, or portions or applications thereof, are held to be unenforceable or invalid by any court of competent jurisdiction, such invalid or unenforceable provision, or portion or application thereof, shall in no way affect the validity or enforceability of the remaining provisions, or portions or applications thereof.

16. Complaints.
In the event you have any complaints about FIPBO, you should file such complaints with: New York State Department of State, Division of Licensing Services, 123 William Street, 19th Fl., New York, N.Y. 10038

Telephone: (212) 417-5747, OR you may contact any local office of the New York State Department of State.

By clicking the box above, I hereby acknowledge that I have read this Agreement and warrant that I am authorized to bind myself or my company or organization. I understand that by clicking the box above, I and/or my company or organization is bound by the terms of this Agreement. I agree to the terms of this Agreement.