|
CONTRACT • . • PLEASE INITIAL:
<br /> 1. PAYMENT AND BILLING
<br /> (a) Station will bill Advertiser(or Agency,if any)monthly
<br /> (b) Payment by Advertiser(or Agency)is due within fifteen days of receipt of Station's invoice.
<br /> (c) Invoices(including attachments)shall contain dates and times of broadcasts in accordance with the Station's log and commercial length and cost(s).
<br /> (d) Upon request of Advertiser(or Agency)an affidavit will be furnished by Station at the time of billing.
<br /> 2. LIABILITY FOR PAYMENT
<br /> (a) Any Agency of which an officer,partner,employee,or other representative thereof,acting with the actual or apparent authority,accepts this Agreement on behalf of
<br /> Advertiser acknowledges,represents,and agrees that it(i)is Agent for said Advertiser and(ii)shall be liable for all payments to be made to Station hereunder.
<br /> (b If Advertiser,through an officer,partner,or employee,is a signatory to this Agreement,it shall be liable(jointly and severally with Agency,if any)for all payments due
<br /> Station hereunder. Such liability shall not be satisfied upon Advertiser's transfer of funds to Agency for payment to Station,except insofar as such payments are made,
<br /> 1 in good faith,after such time as Station might reasonably be expected to have notified Advertiser of its concern that timely payment of sums so received by Agency
<br /> was not being made to Station.
<br /> (c) Station shall be entitled to reasonable attorney's fees and other collection expenses.
<br /> d31AGENCY COMMISSION
<br /> -
<br /> / Unless otherwise noted,no advertising agency commission is included in the pricing on the face of this agreement.
<br /> 4. TERMINATION
<br /> (a) Unless otherwise stated on the face hereof,this Agreement may be terminated by Station or Advertiser upon 30 days prior notice.
<br /> (b) If station terminates this Agreement,Advertiser shall have the benefit of the same discount(s)which it would have earned had it been allowed to complete the
<br /> Agreement. If Advertiser terminates the Agreement earned rates will apply. The advertiser will also be billed for any commercials that ran above and beyond the
<br /> monthly contracted amount if the number of commercials exceeds the total amount contracted for that time period.
<br /> a EFFECT OF BREACH
<br /> (
<br /> (a) Station reserves the right to cancel this Agreement upon default by Advertiser(or Agent)in the payment of bills or other material breach of the terms hereof at any
<br /> time upon prior notice. Upon such cancellation,all charges for commercials broadcast hereunder and not paid for shall become immediately due and payable. Upon
<br /> such cancellation neither Agency nor Advertiser shall be liable for payment,either in whole or in part,for commercials scheduled for broadcast after the cancellation.
<br /> Advertiser and Agency shall be liable for Station's reasonable expenses,including attorney's fees,in obtaining payment for bills due.
<br /> (b) In the event of a material breach by Station in performing under this Agreement,Advertiser(or Agency)reserves the right to cancel this Agreement at any time upon
<br /> prior notice.
<br /> 6. INABILITY TO BROADCAST
<br /> If,due to public emergency or necessity,force majeure,restrictions imposed by law,acts of God,labor disputes,or for any other cause beyond Station's control,there
<br /> is an interruption or omission of any commercial announcement contracted to be broadcast hereunder,and if no suggested substitute time period is acceptable to
<br /> Advertiser(or Agency,if any),Station shall allow a reduction in the charges equal to the price assigned to the commercial announcement at the time of purchase.
<br /> Advertiser(or Agency,if any)shall have the benefit of the same discounts which would have been earned if there had been no interruption or omission.
<br /> 7. SUBSTITUTION OF PROGRAMS OF PUBLIC SIGNIFICANCE
<br /> (a) Station shall have the right to cancel any commercial covered by this Agreement in order to broadcast any program that in its absolute discretion it deems to be of
<br /> public significance. In any such case,Station will notify Advertiser(or Agency,if any)in advance if reasonably possible,but where such notice cannot reasonably be
<br /> given,Station will notify Advertiser(or Agency)within one business day after such scheduled broadcast.
<br /> (b) If Advertiser(or Agency)and Station cannot agree upon a satisfactory substitute day and time,the broadcast so preempted shall be deemed cancelled without
<br /> affecting rates,discounts,or rights provided under this contract.
<br /> S. COMMERCIAL MATERIAL
<br /> (a) Unless otherwise noted on the face of this Agreement,all commercial announcement material shall be furnished by Advertiser(or Agency). All expenses connected
<br /> with the delivery of commercial announcements to Station and with return there from,if return is directed,shall be paid by Advertiser(or Agency).
<br /> (b) If commercial material and scheduling instructions do not arrive at the Station 48 hours in advance(excluding weekends and federal holidays)Station shall so notify
<br /> Advertiser(or Agency). (Station shall have no such obligations regarding a change of commercials about which it has received no notice.) If after such notice such
<br /> material and instructions do not arrive in time for broadcast,Station shall so notify Advertiser(or Agency)and may bill Advertiser(or Agency)therefor. Station will exert
<br /> all reasonable effort to broadcast material received from Advertiser(or Agency)despite late receipt.
<br /> (c) If due to public emergency or necessity,force majeure,restrictions imposed by law,acts of God,labor disputes,or any other cause beyond Advertiser's(or Agency's)
<br /> control,Advertiser(or Agency)cannot provide commercial material prior to scheduled broadcast hereunder,Advertiser and Agency shall not be liable to Station. If
<br /> no such substitute day and time period is mutually agreed upon,Station shall credit Advertiser(or Agency)for time hereunder in the amount of money assigned to
<br /> the commercial announcements at the time of purchase. Advertiser(or Agency)shall have the benefit of the same discounts which would have been earned if the
<br /> commercials had been broadcast.
<br /> (d) Commercial material provided by Advertiser(or Agency)is subject to approval and Station may exercise a continuing right to reject such material,including a right
<br /> to reject for unsatisfactory technical quality. If the commercial material is unsatisfactory,Station shall notify Advertiser(or Agency)promptly and,unless Advertiser(or
<br /> Agency)furnish satisfactory material 24 hours prior to broadcast time,this agreement may be terminated by either party without penalty to either parry.
<br /> 9. BROADCAST LIABILITIES
<br /> Station agrees to hold Advertiser and Agency harmless against all liability resulting from the broadcast of musical compositions licensed for broadcasting by a music
<br /> licensing organization of which Station is a licensee. Advertiser and Agency agree to hold and save Station harmless against all liability resulting from the broadcast of
<br /> commercial material furnished by Advertiser(or Agency),except musical compositions licensed as stated above.
<br /> ^n 10. NONDISCRIMINATION
<br /> Vilcom Interactive Media,LLC does not discriminate in the sale of advertising time,and will accept no advertising which is placed with an intent to discriminate on the
<br /> basis of race or ethnicity.Advertiser hereby represents and warrants that it is not purchasing broadcast air time under this advertising sales contract for a discriminatory
<br /> purpose,including but not limited to decisions not to place advertising on particular stations on the basis of race or ethnicity.
<br /> 11. GENERAL
<br /> (a) This Agreement may not be assigned or transferred without first obtaining the consent of Station in writing.
<br /> (b) Failure of Station or Advertiser(or Agency)to enforce any of the provisions herein shall not be construed as a waiver of that or any other provision.
<br /> (c) Station's obligations hereunder are subject to the terms and conditions of licenses held by it and to applicable federal,state,and local rules and regulations.
<br /> (d) Notice required to be given under this Agreement may be given in any manner reasonable under the circumstances.
<br /> (e) This agreement contains the entire agreement between the parties relating to the subject matter herein contained,and no change or modification of any of its terms
<br /> shall be effective unless made in writing and signed by the parties.
<br />
|