Agenda - 12-20-94 - VIII-C - Laserfiche WebLink

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4 Failure to object not later than 24 hours prior to publication constitutes approval by the Partner. 4. ADVERTISING - 4.1 The Publisher will not permit advertisements of the following products or services in the Publication: alcoholic beverages, including wine and beer; political, religious or sexually explicit materials; tobacco;gambling; or personal messages (including, but not limited to, individual birthdays, anniversaries, etc.). 4.2 The Publisher shall warrant that any content provided by the Publisher, including advertising, will not contain any libelous, obscene or otherwise unlawful matter, and that such content does not infringe upon the statutory or common law copyright or any other right of any person or property anywhere in the world. The Publisher will have the right to edit all contents of the publication, subject to the approval by the Partner. Such approval shall not be withheld unreasonably. The Partner's failure to object to advertising copy not later than 24 hours prior to publication constitutes approval by the Partner. The warranties and agreements given by the publisher shall survive the termination for any reason of this agreement. 4.3 The Publisher will respond to any and all complaints or negative feedback regarding the advertisements in the Publication and will relay to the Partner the circumstances of and response to any such complaint. 4.4 The Publisher will assume responsibility for sale to and service of all the Publication advertisers and shall have the right to accept or refuse advertising copy,based on the advertising guidelines specified in paragraph 4.1. The Publisher will retain all advertising revenue. The Partner will not be responsible for any financial loss incurred by the Publisher related to the production and distribution of the Publication. 5. INDEMNIFICATION- 5.1 It is the sole responsibility of the Partner to obtain the copyright and trademark licenses necessary for publication of all editorial content of the Publication. The Partner shall be responsible for the defense of any copyright or trademark infringement claim or suit, including the payment of all legal defense costs through one or more levels of appeal, arising out of the editorial content of the Publication and shall be liable for the satisfaction of any judgment entered for a copyright or trademark violation. 5.2 The Publisher shall indemnify and hold harmless the Partner, its affiliates and its directors, officers, employees, agents, successors, assigns, licensees and distributors against any and all claims or judgments (including the Publisher's payment of the Partner's attorney's fees through one or more levels of appeal incurred by the Partner)paid or incurred in connection with claims by any party which arise from use of materials originating with the Publisher.