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Advertiser Terms of Service

 
Last Updated November 11, 2022
 
 

PARTIES: The parties to this Agreement are STARSTIX, LLC, a California limited liability company (“STARSTIX”), and the party named below (“Advertiser”).

Advertiser agrees to purchase STARSTIX space, as described and listed below. STARSTIX lane dividers feature a maximum of 2 advertisers on the large sides of the divider. Advertiser understands and agrees they will appear on all dividers at the selected location(s) below; 1-3 dividers per Full-Service Checkout Lane, (Not Self-Service Checkout Lanes), based on store requirements. Advertiser acknowledges the narrow sides are reserved for market or other promotion.

PAYMENT: Advertiser agrees to pay total price plus any fees and/or taxes, as specified within the agreement.

CONTINUATION TERMS: Advertiser authorizes STARSTIX to continue the purchase of advertising space, as specified in this Agreement, for successive four-week cycles beginning at the end of the original advertising campaign. The price to be charged to Advertiser shall be the same as the "Total Amount" of this agreement prorated, based on one four-week cycle. STARSTIX will guarantee space, and charge advertiser sixty days prior to the commencement of each cycle. Advertiser or STARSTIX may terminate Continuation upon a thirty-day prior written notice to the other party at the email or address shown above.

Advertiser authorizes STARSTIX to charge their selected payment method the amount specified below for each four-week cycle.

OTHER TERMS
  1. This Agreement is non-cancelable by Advertiser.
  2. Advertiser has not relied upon any promise, statement, or representation, other than what is in this agreement and this agreement may not be amended, except by mutual written agreement between STARSTIX and the Advertiser.
  3. Final acceptance of this agreement shall be made in Ventura, California, and Advertiser waives notification of same.
  4. STARSTIX cannot guarantee the number of FULL-SERVICE CHECKOUT LANES, which the grocer determines. Market conditions may, from time to time reduce the number of dividers installed.
  5. Advertiser does not have an exclusive for Advertiser’s industry unless stated in this Agreement or by Addendum.
  6. Advertiser acknowledges that actual start date(s) may vary and that a change in the actual install date(s) from the target date(s) indicated does not constitute a breach by STARSTIX. Advertising will begin from the date(s) of actual installation, except where Advertiser is the cause of a delay.
  7. Advertiser will provide ad copy to STARSTIX within 2 weeks of the date of this Agreement. Late submissions of ad copy will not change the Start Date. Once approved, STARSTIX will install ads at next available cycle. Ad copy changes during the term of this agreement will incur a fee of $250.00.
  8. The presence of any stray or expired advertisers will not constitute a breach and STARSTIX will make every effort to remove them upon notice.
  9. Checks submitted as payment may, at the discretion of STARSTIX, be converted to an electronic payment. Advertiser may opt out by emailing STARSTIX at customeraccounts@starstix.com.
  10. This Agreement shall be governed by the laws of the State of California without regard to conflict of laws principles. Any disputes between the parties regarding this Agreement shall be in the Federal or State Courts located in Los Angeles or Ventura County, and the parties agree to accept the jurisdiction and venue.
  11. STARSTIX shall not be liable for failure to perform as a result of any causes beyond the control of STARSTIX (such as, without limitation, labor disputes, strikes, public health, material shortage, store closures, supply chain issues or unavailable locations). In such case, STARSTIX may extend the time for performance or transfer at the earliest possible date, to the nearest available location. If distribution locations are unavailable for any reason, STARSTIX may provide digital marketing of similar value in its place through thenala.com to fulfill this Agreement.
  12. Advertiser warrants that the ad copy provided does not infringe the copyright or proprietary rights of any third party and shall indemnify, defend, and hold harmless STARSTIX from any and all costs and expenses incurred as a result. STARSTIX and Supermarkets reserve the right to refuse ad copy at any time.
  13. Advertiser understands and agrees that in some cases, based on supply issues and / or Market requirements, the actual STARSTIX Divider installed at the store may vary from the sample shown.
  14. Advertiser agrees that images of their finalized STARSTIX Ad may be used by STARSTIX for promotional purposes and materials.
  15. Participation in our advertising program in no way establishes or implies a relationship with the supermarket, store managers or their employees.
  16. Advertiser agrees to be part of STARSTIX Email Campaigns, offering special promotions, product availability, and business forums. Advertiser understands they may OPT-OUT of this service at any time.
  17. If any term or provision of this Agreement is determined to be invalid, for any reason, all other provisions of this Agreement shall remain in full force.