Advertising Agreement

Tristan Media LLC will display gallery advertisements on its ArtCal website under the following terms.

To get started, please send your image to advertising@tristanmedia.com along with the URL it should link to and how long the advertisement should run.

You will receive a monthly statistics report with page views and clicks.

  1. Price. Gallery advertisements are priced on a CPM (cost per 1000 impressions / ad views) basis at $3 CPM. The minimum purchase is $300 (100,000 impressions). You may spread out your purchase over 1-3 months, or longer for higher numbers of impressions. We can change these prices on 60 days' notice by e-mail or fax. Clients of our ArtCat hosting for galleries receive a 40% discount from the standard price.
  2. Format. 80 x 80 pixels, GIF or JPEG, no larger than 20 kilobytes. Ads cannot be animated.
  3. Submission. The ad must be submitted at least 15 days before its scheduled display.
  4. Cancellation. You may cancel an ad on 15 days' notice by phone, e-mail, or fax. We will refund the pro-rated portion of the price.
  5. Payment. Payment must be received in advance. We will send you an online invoice. A $50 fee will be charged for checks returned for insufficient funds.
  6. Approval. We can reject or cancel an ad for any reason at any time. In that event we will refund the pro-rated portion of the price.
  7. Display. We will do our best to provide the agreed upon number of impressions. Impressions in excess of the guaranteed amount shall be at no charge to the advertiser. The position of a 80 x 80 ad on the webpage is random for each page view.
  8. Disclaimer. We are not responsible for any errors or omissions in the ad as submitted, or for improving its visual quality. We do not guarantee a certain number of sales or any other result. We do not guarantee that the operation of ArtCal will be uninterrupted or error-free. In the event that our site serves fewer than the specified number of impressions, for any reason, including, without limitation, site redesign, reduced traffic levels, and ad serving system downtime, we will continue to deliver "make-goods," i.e., additional impressions, until such specified number are delivered. We disclaim all warranties, including those of merchantability, fitness for a particular purpose, and infringement.
  9. Liability. Our total liability for any loss will be limited to the amount paid for the ad. We will not be liable for indirect, special, incidental, consequential, or punitive damages under any theory of liability, even if you informed us of the possibility of such damages.
  10. Indemnity. You warrant that your ad does not infringe the rights of any person or violate any law. You will defend and indemnify us against all claims, damages, and expenses, including reasonable attorney's fees and costs, that arise from breaching this warranty.
  11. Disputes. This document expresses the entire agreement between you and Tristan Media LLC, and can be modified only in written form, acknowledged by you and us. Our failure to enforce a provision will not waive other provisions. Any provision found unenforceable will not invalidate the other provisions. This agreement is governed by New York law. New York courts will have jurisdiction of any dispute, with venue in New York County.