ADVERTISING GENERAL CONDITIONS

PREAMBLE 

The publisher offers the conception, design and dissemination of advertisements to be made available on the website www.jdv-invest.com.com. 

The advertiser wishes to diffuse one or more ads on the said website. 

The publisher agrees to rent publicity to the advertiser which will be diffused on the said website and provide other services hereinafter described. 

All parties declare having the capacity and quality to exercise all rights necessary for the conclusion and execution of this Agreement. 

All parties will agree on conditions for the rental of advertising space. 

WITH RESPECT OF THE FOREGOING, THE PARTIES AGREE AS FOLLOWS: 

1. Object 

This Agreement is intended to set out the conditions for the rental of publicity space to the Advertiser by the Publisher on the editor’s Website, located at the URL:  http://www.jdv-invest.com (hereinafter called "website").  In accordance with the below specifications (hereinafter called "specifications") the advertiser may provide an existing publicity in accordance with specifications, or, if appropriate, the Publisher may provide design services to the advertiser for the said publicity.

2. Representatives of the Parties 

Each Party recognize that the person designated in the specifications (or upon formal notice any person or entity replacing the designated person) represents and has the authority to act on decisions and give the required approvals in connection with the execution of this contract. 

3. Obligations of the Advertiser 

The Advertiser agrees and is obligated to the Publisher for the following: 

a) The Advertiser shall provide the advertisement in the form and within the time limits provided in the specifications 

b) The Advertiser shall fully cooperate with the Publisher and provide all information required to ensure the delivery of services

c) The Advertiser must report promptly to Publisher any problem brought to their attention concerning: 

• the operation of the Web server; 

• the display of the website; 

• the display of the Web page containing the advertisement; 

• the display of the advertisement; 

d) The Advertiser is solely responsible for the content of the advertisement and any damages that may arise from its use or its display; 

e) The Advertiser shall be liable to the editor if the Publisher is questioned or charged in a judicial proceeding brought on by a third party.  Allegations of  misconduct by the Publisher arising from the presence, use or the display of the of an Advertisers publicity or information contained therein, and compensate the Publisher of any monetary condemnation in principal and in  interest as well as any legal fees that the Publisher may incur as a result; 

f) The Advertiser will not relinquish to a third party any of the Advertisers rights in this contract, including and not limited to, those relating to advertising space without the prior written consent of the Publisher; 

g) The Advertiser shall pay for the Publisher services and for any additional services that may be required subsequent to the signing of this contract, in accordance to the terms and conditions of payment provided for in the Specifications. 

4. Obligations of Publisher 

The Publisher agrees and undertakes the following: 

a) An advertisement must be set up, installed and displayed in a professional manner, according to the rules generally accepted by industry, and according to Specifications; 

b) The Web server hosting the website must have a constant connection to the Internet, enabling uninterrupted access to the website, except during scheduled periods for maintenance of the Web server and during network downtime which will not be attributable to the Publisher; 

c) Subject to the preceding paragraph, the Web server must have the ability to simultaneously process high demand from the Internet without significantly affecting the speed for downloading web pages; 

d) The Publisher must solve or have solved any problem affecting the operation of web server or website, as soon as the Publisher becomes aware of the problem;

e) The Web server must be adequately protected against any unauthorized intrusion (physical and virtual), and must provide all security guarantees generally recognized by the industry; 

f) The Web server must have regular maintenance and be free from any virus known and identifiable. 

5. Financial Terms 

5.1 Price 

In consideration of the rental of advertising space and other services, the Advertiser shall pay to Publisher the price stated in the specifications as well as any applicable taxes. 

5.2 Billing 

Publisher will send invoices to any address indicated by the Advertiser upon acceptance of this contract. Communication regarding the advertisement set up, payment, etc… shall be communicated via: information@jdv-invest.com 

5.3 Terms and conditions of payment 

The amount payable to the Publisher shall be in accordance with the terms and conditions of payment indicated in the Specifications. 

6. Advertising Rules 

The Advertiser agrees to be fully bound by the Editor’s rules of advertising (hereinafter called "rules of advertising "), which may be amended at any time and are implemented throughout the terms of this contract and subject to the Specifications that take precedence over any inconsistent rules of advertising. 

a) The content and display advertising are subject to prior approval by the Publisher; 

b) The advertisement and its contents must comply with all laws and all applicable regulations, including but not limited to, laws and regulations concerning intellectual property, advertising, promotional contests, consumer protection, protection of privacy and the protection of minors; 

c) The Advertiser shall provide the Publisher, upon request of the latter, with evidence of its right, title or interest in any copyright, trademark or other intellectual property right relating to one or more elements of the advertisement; 

d) The Advertiser shall be duly authorized to advertise the products or services the company for which the advertisement is intended; 

e) The content of the advertisement shall only refer to the company or the services of the Advertiser and not another person or entity. 

f) A hyperlink placed on the location of the advertisement can only lead to the Advertiser’s website; 

g) The Advertiser shall be legally permitted, by a valid title or license to publish the advertisement and its contents, including and without limited to, names, photographs and portraits of living persons, as well as all works protected by copyright, words and series of words or drawings which are consisted in any trademark; 

h) Words, phrases, references, special characters and graphic symbols which are internationally recognized to identify copyright, trademark and other intellectual property rights, as well as their owners, must appear where required in the advertisement, in conjunction with text and graphics, whether or not belonging the Advertiser; 

i) The Publisher has free choice of format and location of the advertisement on the website; 

j) An advertisement received after the indicated deadline for delivery may not be posted on the website at the agreed scheduled date ; 

k) An advertisement may be subject to amendments at the request of the Advertiser, at the prices, terms and conditions stated in the Specifications; 

l) The Publisher may at its sole discretion, refuse to post or remove an advertisement from the website if in the Publisher’s opinion that all or part of the contents of the advertisement: • is or could be considered obscene, libelous, immoral, illegal, defamatory or hateful; • harms or is likely to harm the reputation of the Publisher or the Website; • infringes or may infringe a right, title or interest of intellectual property belonging to a third party; • directly or indirectly causes or is likely to cause any damage to a third party; • does not meet one or another of the Rules of  Advertising or the Specifications. 

7. Intellectual Property 

7.1 All rights, titles and intellectual property interests of advertisements provided by Advertiser is the property of the latter. All rights, titles and intellectual property interests of advertisements designed by the Publisher on behalf of the Advertiser are the property of the Publisher.  Once the Publisher’s services have been paid in full, the titles and interests are transferred to the Advertiser.

7.2 The elements of the advertisement must be completely original and not infringe on any copyrights, trademarks, or any other rights, titles or interests of an intellectual property belonging to a third person. If one or more elements of the advertisement has been designed in whole or in part, by a third person or whether a right, title or interest thereon is property of the said third person, the Advertiser must obtain appropriate rights which allow the Advertiser to use any such element (or part thereof) in the advertisement.  If he fails to comply with any obligations mentioned above, in whole or in part, the Advertiser shall: 

a) compensate the Publisher for any damages suffered by the failure to comply to the above; 

b) liable to the Editor if the Editor is charged in a judicial proceeding brought by a third party alleging infringement or theft, actual or apprehended, any copyright, trademark trade or other right, title or interest of intellectual property and compensate the Publisher for any monetary award in principal and interest and all legal fees and court fees that the Publisher may incur as a result; 

c) without delay and at the expense of the Advertiser, permit the Publisher to remove the advertisement containing one or more illegal elements, or substitute an advertisement consisting entirely of original parts or in which the Advertiser has rights.  If the advertiser fails to execute within the deadline set by formal notice, the Advertiser irrevocably appoints the Editor to remove the advertisement at the expense of the Advertiser. 

8. Confidentiality and Non-Disclosure 

The Advertiser acknowledges and accepts that the Publisher can offer rental of advertising space and design of advertisements to other Publicists who may be competitors of the Advertiser or may advertise products or services similar to those of the Advertiser. 

Therefore, the Advertiser shall only provide the Publisher with information for the publication of the advertisement. The Advertiser shall not provide the Publisher with information the Advertiser considers confidential, secret or private. In addition, it releases the Publisher from any obligation to keep secret or keep confidential any information freely provided by the Advertiser. 

9. Guaranty  

9.1 The Publisher makes no guaranty, express or implied to the Advertiser regarding: 

• the Web server and Website, their operations, their hardware and software, as well as access via the Internet; 

• the benefits, financial or otherwise, real or apprehended, positive or otherwise, arising or resulting from the use and display of the advertisement on the Website. 

9.2 The Publisher is under the obligation to use every means in the execution of this contract, which consists of the implementation of all steps required to accomplish its mission. 

10. Disclaimer 

Except in cases of serious misconduct on his part, the Publisher cannot be held liable to the Advertiser of any fault and damage, direct or indirect that may arise.  the Advertiser holds the Publisher free of all claims in one or other of the following cases: 

• ownership, modification, loss or destruction, illegal or unauthorized, in whole or in part of the advertisement; 

• loss or destruction of advertising  statistics; 

• lost opportunities or business revenues linked to the functioning or non-functioning of the Website, or display or non display of the advertisement therein; 

• lost opportunities or business revenues linked to the effectiveness or lack of effectiveness of the advertisement; 

• illegal or unauthorized third intrusion of the Web server or Website; 

• a computer virus introduced on the Web server or Website; 

• broken or malfunctioning equipment of the Web server hardware; 

• temporary congestion of bandwidth; 

• interruption of the Internet connection or service which is beyond the control of the Publisher; 

• design error or publication of the advertisement. 

If there is a mistake in the advertisement for reasons attributable to the Publisher, the Publisher is entitled to promptly correct the error without having to pay any compensation or damage whatsoever to the Advertiser. In all cases, the responsibility of the Publisher is limited to the rental value of the advertising space during the time period between the date of discovery of the error and the correction date thereof. 

11. Duration 

11.1 This Agreement is effective upon acceptance of these terms by ticking the check box which validates that the Advertiser accepts the terms and conditions

11.2 The duration of this Agreement is provided for in the Specifications. 

11.3 This contract ends in one or more of the following cases: 

a) the expiration of the rental period indicated in the Specifications, when the contract has not been renewed or at the expiration of any renewal period; 

b) upon written agreement of both Parties; 

c) in the case this contract is terminated; 

d) if either party fails to comply with any of its obligations within five (5) days after the defaulting Party receives a notice of rectification or any other shorter period as provided in this contract, and no action has been taken by the defaulting party within that time period; 

e) In the case of bankruptcy, insolvency or discontinuance of one or the other Parties. 

12. Termination of Contract 

12.1 The Advertiser may terminate this contract at any time by written notification addressed to the Publisher. 

However, the Advertiser shall be responsible for paying the price for the rental period provided in the Specifications and prices of any other services that have been delivered by the Publisher, without any reduction or discount. 

12.2 If the Advertiser does not meet one or more of its obligations under this contract, despite a written notice from the Publisher, the Publisher may terminate this contract and immediately remove the advertisement from the Website. The Publisher is required to reimburse to the Advertiser any advance (or any balance thereof) or any excess amount received, subject to all rights and reserves against the Advertiser. 

13. Miscellaneous 

13.1 Integrality 

This Agreement, its Annexes and subsequent amendments, represent the total obligations of the Parties. 

No other general or specific conditions set out in documents sent or delivered by the Parties may be incorporated into this Agreement. 

14. Nullity 

In the case where one of the provisions of this Agreement is considered null and void under any law or regulation, present or future, or a court order which bears the authority of res judicata or competent body, the said provision of the contract would be deemed not written, but all other provisions of the Agreement remain in binding and in effect between the Parties. 

14.1 No Waiver 

The fact that one or both Parties do not prevail at a given moment of any provision of these terms will not be considered a waiver to the rights for either of the Parties. 

14.2 Force Majeure 

Neither Party may be considered in default under this contract if the performance of its obligations in whole or in part is delayed or prevented by following a situation of force majeure. Force majeure is an unforeseeable, external event, making it absolutely impossible to fulfill the obligation. 

14.3 Unrelinquishable 

Neither party shall relinquish or otherwise transfer to any third party their rights in this contract without the prior written permission of the other party. 

14.4 Means of implementation 

Except for compliance with the Specifications, the Publisher has the free choice of the means of implementation and there is no relationship of subordination between the Publisher and the Advertiser in the present contract. 

14.5 Subcontracting 

Unless otherwise provided for, the Publisher may call on a third party to execute this contract, yet the Publisher retains the direction and responsibility for implementation. 

15. Applicable law and jurisdiction 

This Agreement is subject to French law. 

In disputes arising from the execution or interpretation of this Agreement, the Parties agree to reconcile and try to find an amicable solution to their dispute, first in a conventional manner, then by way of mediation. 

The mediation authority which shall be designated by the parties is the Regional Center for Mediation and Arbitration of Paris 39 avenue Franklin Delano Roosevelt 75008 Paris. 

If unsuccessful, the dispute shall be brought before the competent court within the jurisdiction of the Court of Appeals of Paris, notwithstanding multiple defendants or as collateral. 

SPECIFICATIONS: 

ADVERTISING TERMS AND CONDITIONS: 

The advertising service is a complementary service recently added at the request of members in order for these members to advertise their company or services. 

The advertising service is also open to outside advertisers. All advertisements will refer to the Advertiser’s Website if one exists or specify their contact information if a Website does not exist. 

Outside Advertisers are subject to the same requirements as members which are stated in the above contract, the Publisher is the sole judge to accept or refuse integrating an advertisement without any action on the part of an advertiser: 

Advertisements can be purchased by different announcers which do not necessarily have the same status with the jdv-invest.com platform: 

Non-member announcers

Advertisements for outside non-member advertisers (not associated with a product) shall b e valid for a period of 3 months minimum for the sum of 1500 Euros VAT included and will be posted upon confirmation of receipt of full payment at the beginning of the first month. 

Member announcers

An advertisement proposed by a member is placed for a period of 3 months minimum and is subject to the following conditions: 

A private member (owner) is entitled to a free advertisement which shall be associated to the member’s (Owner’s) product.  It shall be listed between 3 to 6 months depending on the online renewal granted by the Publisher. 

A Private Adviser member (Article 9: Commission due to jdv-invest.com) on the basis of a Purchase or Sale Mandate accorded to JDVI / SGIP (private bankers, wealth managers...) whose profession is independent of brokers shall be entitled to a free advertisement associated to the product.  It shall be listed between 3 to 6 months depending on the online renewal granted by the Publisher.

A Broker member (See Terms and Conditions Article: 9 Agents Commission) who has a product advertisement will be entitled to one free publicity advertisement per product advertisement (for example, the Broker member can offer the publicity advertisement to another company dealing with prestigious products or services.  The Broker member will also be entitled to a second announcement that the Broker may sell to another company dealing with prestigious products or services.  When payment is received, the Broker will be refunded 50% of the total amount for an advertisement is i.e. 750 Euros per trimester sold. 

Promoting on the jdv-invest.com  plateform

YOU ARE A MEMBER ANNOUNCER OF THE WWW.JDV-INVEST.COM PLATEFORM

As a member of the www.jdv-invest.com platform, you may solicit our participation by proposing and/or writing articles in collaboration with our blog www.jdv-invest-the-blog.com.  The topics of interest proposed will be signed by you.  This is a service Free of Charge.

As a member of www.jdv-invest.com, you may ask to be interviewed by our professionals on our blog www.jdv-invest-the-blog.com.  You may learn more about our rates by contacting us at www.jdv-invest-the-blog.com. This is a paid service.

Promotional means external to the platform 

YOU ARE A MEMBER ADVERTISER OF WWW.JDV INVEST.COM 

As a member of www.jdv-invest.com, you can engage in external grouped advertising campaigns and benefit from ultra low rates in luxury magazines and be visible to more than 65 000 HNWIs (China + Hong Kong).  This is a paid service.

For additional questions and to learn more about our special negotiated conditions, please contact our services by e-mail only at: information@jdv-invest.com


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