Agreement for Local Broadcast Advertising

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This Agreement for Local Broadcast Advertising is for use when advertising your business on television or radio. It sets out the exact date and times your ads will run and rates and charges for the advertising.

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This Agreement for Local Broadcast Advertising Between Advertiser and Radio or Television Station is between an advertiser and a radio or TV station who will run commercial spots for the advertiser. This agreement sets out the exact dates and times the ad spots will run and specific products or services to be advertised during these spots.

The agreement also sets forth rates and charges for the spots, commissions paid to any agent and the availability of discount advertising rates. It also includes the costs advertiser must pay for any copyrighted music, how ads will be produced and the parties' rights if the advertisements are preempted or fail to broadcast.

This Agreement for Local Broadcast Advertising Between Advertiser and Radio or Television Station includes:
  • Parties: Identifies the advertiser and broadcast company;
  • Broadcasting Time: Sets forth the times and station on which the ads will run, term of the agreement, length of ads and dates when they run and subject of the advertisements;
  • Cost/Payments: Sets forth the rates for the advertisement and any discounts advertiser may be given due to running maximum ads. Advertiser will be billed for all ads presented during a month time period and payment is due within thirty days of receipt;
  • Programs/Announcements: Broadcast company will provide the materials, talent and production facilities for the ads or in the alternative, they will be provided by advertiser. Broadcast company has the right to approve all ads and rules for acceptable conduct are set out in this agreement;
  • Signatures: Representatives of broadcast company and advertiser must sign this agreement.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Agreement for Local Broadcast Advertising (Between Advertiser an Radio or Television Station
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement for Local Broadcast Advertising
(between Advertiser and Radio
or Television Station)

 

 
_____________________ [name of advertiser] (Advertiser”) and ______________________ [name of station owner] (Broadcasting Company”), in consideration of the promises made in this agreement, agree as follows:
 
1.  BROADCASTING TIME
1.01. Agreement to Use and Provide Broadcasting Time. Advertiser agrees to use and Broadcasting Company agrees to provide broadcasting time on __________________[radio or television] station __________________[call letters] located in __________________[city and state] (the Station”), subject to the terms and conditions of this agreement.
1.02. Term of Agreement. The term of this agreement shall be from __________________[date] to and including __________________[date] (the Term”).
1.03. Advertising Spots. Throughout the Term, Advertiser shall have the right to use __________________[e.g., three periods of one minute each] for presenting commercial announcements __________________[specify regular-schedule context, e.g., immediately before, during, and immediately after each broadcast of a series of programs entitled __________________to be presented on the Station on __________________ (specify days, e.g., every Monday) from __________________ (time of day) to __________________ (time of day)] (the Advertising Spots”).
1.04. Subject of Commercial Announcements. Advertiser shall not use the Advertising Spots to advertise any person or entity other than Advertiser, and shall not advertise any products or services other than __________________[specify products or services to be advertised] without the express prior written consent of Broadcasting Company.
 
2.  COST AND PAYMENTS
2.01. Rates and Charges. The rates for the Advertising Spots are based on Broadcasting Companys rate card, a copy of which is attached and incorporated into this agreement. The total charge per Advertising Spot is $____________.
2.02. Agency Commission and Rate Representation. The charges specified in this agreement are based on Broadcasting Companys __________________[gross rates and are not subject to an agency commission or net rates and have been reduced by the amount that would be payable to an advertising agency as its commission. Advertiser represents that no advertising agency is entitled to a commission by reason of the broadcasts agreed to in this agreement]. Broadcasting Company represents that the rates, discounts, and charges specified in this agreement are as favorable to Advertiser as any available for broadcasts under a like agreement as of the date of execution of this agreement. If any other advertiser or agency is given more favorable treatment in this regard during the Term, then Broadcasting Company shall apply those standards to this agreement as of the date they become effective with respect to that other advertiser or agency.
 
 
[EITHER]
2.03. Discounts. The rates and charges specified in this agreement have been reduced by the maximum discounts applicable to the particular terms of this agreement, and any deviation may result in higher or lower discounts and charges for the time actually used pursuant to the rate card of Broadcasting Company.
[OR]
2.03. Discounts. The rates and charges specified in this agreement represent the gross rates and charges of Broadcasting Company, and on billing Advertiser, Broadcasting Company will reduce those charges as follows: (a) Advertiser shall be entitled to a cash discount of ____________ percent of the total charges billed if payment is made to Broadcasting Company on or before the 15th of each month for the charges incurred in the preceding month, provided there are no other amounts due to Broadcasting Company from Advertiser.(b) Advertiser shall be allowed an overall discount of ____________ percent on the total gross billing for station time pursuant to this agreement, if that total gross billing is not less than $____________ during any yearly period commencing with the date of the first broadcast and terminating 12 months later. If Advertiser is not entitled to an overall discount during any specified year, it shall have the right to qualify for either or both of the following discounts.
(1)  If the broadcasts provided for in this agreement are continued for not less than 13 consecutive weeks, Advertiser is entitled to a discount on gross billing for station time as follows:__________________ [specify].
(2)  If the broadcasts provided for in this agreement are presented for continuous periods of not less than one year, commencing with the date of the first broadcast under this agreement, Advertiser shall be entitled to an annual discount of 52 times____________ percent of the largest gross billings (less any advertising agency commission previously allowed on it) for station time used for broadcasts under this agreement for any week of that annual discount year. On termination of this agreement, if broadcasts under this agreement have continued for more than one annual discount year, Advertiser may elect to have this discount based on any consecutive 52-week period between the start of the last completed annual discount year and the termination date of this agreement, but that 52-week period may not include any period during which an overall discount has been allowed.
 
[OR]
2.03. Discounts. The rates and charges specified in this agreement represent the gross rates and charges of Broadcasting Company, and on billing Advertiser, Broadcasting Company will reduce those charges as follows:(a) Advertiser shall be entitled to a cash discount of ____________ percent of the total charges billed if payment is made to Broadcasting Company on or before the 15th of each month for the charges incurred in the preceding month, provided there are no other amounts due to Broadcasting Company from Advertiser.(b) Advertiser shall be entitled to a volume discount of ____________ percent based on the total amount of station time provided for under this agreement, as provided in the rate card of Broadcasting Company. This discount shall be reflected in the bills submitted to Advertiser. If the volume of broadcast time actually used exceeds that provided for in this agreement, any additional time shall be considered covered under this agreement for purposes of this discount, and if Advertiser becomes entitled to a higher discount as specified on Broadcasters rate card, that discount shall apply to the entire period covered by this agreement. If a lesser amount of broadcasting time than that called for in this agreement is actually used, the lower discount specified in Broadcasting Companys rate card will apply to the entire period of broadcasting under this agreement.
 
[CONTINUE]
2.04. Copyright License Costs. Broadcasting Company reserves the right to commence charging Advertiser for the cost of obtaining any standard music license issued by the American Society of Composers, Authors and Publishers, or by Broadcast Music, Inc., or by SESAC, Inc., covering the non-dramatic performance of the compositions, as published, of those organizations. Broadcasting Company shall give Advertiser written notice of its intention to make any such charge at least two weeks before the effective date, and on receiving that notice, Advertiser may cancel this agreement by giving written notice to Broadcasting Company, effective within one week after receipt of the notice. Advertiser shall not lose the benefit of any discount or lower rate by reason of cancellation under this provision.
2.05. Taxes. Any and all taxes, whether federal, state, or local, that may be charged or assessed against Broadcasting Company on account of this agreement or the performance of any obligations under this agreement shall be paid by Advertiser and shall be included on the regular billings as an additional charge.
2.06. Billing and Payment. (a) Broadcasting Company shall bill Advertiser monthly for all broadcasts presented during the previous month. Advertiser shall remit all payments due under this agreement to Broadcasting Company at __________________[or specify address] within 30 days after receipt of each bill. Payments shall be deemed made for all purposes under this agreement as of the date Broadcasting Company actually receives the remittance.
(b) All payments shall be received by Broadcasting Company subject to collection. Any delay in the collection of or failure to honor a payment instrument shall void the attempted payment, and payment shall not be considered made for purposes of this agreement until the instrument actually clears or the amount involved is otherwise in the actual possession of Broadcasting Company.
(c) All bills submitted pursuant to this agreement shall be deemed correct unless Advertiser makes written objection within 10 days after receipt.
(d) If Advertiser fails to make any payment when required by this agreement, Broadcasting Company shall have the option of canceling the balance of this agreement by giving written notice of cancellation before the payment in arrears has been received by Broadcasting Company.
2.07. Increase in Rates. Broadcasting Company reserves the right to increase any rate or charge, or to reduce any discount specified in this agreement, by giving Advertiser not less than 20 days prior notice of the change. On notification of a change of rates, Advertiser shall have the option of continuing this agreement in effect at the higher rates or canceling this agreement as of the date the change in rates becomes effective, without reduction of discounts or increase of rates because of the resulting reduction in time used. No increase of rates will be effective unless Broadcasting Company issues new rate cards reflecting the increase in rates applicable to all similar broadcasts.
3.  PROGRAMS AND ANNOUNCEMENTS
 
[EITHER]
3.01. Production by Broadcasting Company. Broadcasting Company shall provide the materials, talent, and all other production facilities for the commercial announcements to be presented in the Advertising Spots. If additional services not covered in this agreement are provided, the charges for those services will be determined by the mutual agreement of the parties. If the cost of talent or other production services as specified in this agreement should be increased by union action or any other causes beyond the control of Broadcasting Company, the change in cost will be borne by Advertiser. Broadcasting Company assumes no liability for the default or nonappearance of talent contracted for in this agreement, and reserves the right to provide substitute talent, provided that no additional charge shall be made to Advertiser and any resulting savings will accrue to Advertiser. Broadcasting Company retains all rights in all material furnished by it for the broadcasts, and Advertiser shall make no other use of that material without the express prior written consent of Broadcasting Company.
 
[OR]
3.01. Production by Advertiser. Advertiser shall provide the materials, talent, and all other production facilities for the commercial announcements to be presented in the Advertising Spots; however, Broadcasting Company shall always provide its usual technical and transmission facilities and the services of its regular staff announcers without any charge in addition to that for broadcast time.
3.02. Submission to Broadcasting Company. Advertiser shall present all materials to be used in broadcasts under this agreement to Broadcasting Company not less than 48 hours in advance of its scheduled broadcast date. Materials required to be submitted shall include scripts, continuity, tape recordings, records, commitments for talent, and all other material necessary to present the broadcast. These materials shall not be considered submitted to Broadcasting Company until Broadcasting Company actually receives them. If Broadcasting Company has not received these materials at least 48 hours before the scheduled broadcast, it shall notify Advertiser of that fact, and Broadcasting Company may use substitute materials that Broadcasting Company deems suitable and appropriate under the circumstances, and Advertiser shall pay, in addition to all other charges specified in this agreement, the entire cost of that production reasonably incurred by Broadcasting Company.
3.03. Approval of Content of Broadcasts. Broadcasting Company shall have the right to disapprove all materials submitted for broadcasts and to refuse to permit any individual to participate in any broadcast. Broadcasting Company may delete or omit any part of any broadcast. Broadcasting Companys right of disapproval shall be exercised in its sole discretion as to any matter it deems objectionable for any reason whatsoever. Broadcasting Company reserves the right to refuse to broadcast all or any part of any announcement, or to interrupt any broadcast in progress and cease to transmit all or any part, if Broadcasting Company reasonably and in good faith determines that the program or announcement material is of substandard technical quality, or not in conformity with the standards of quality broadcasting, or is in bad taste or otherwise objectionable.
3.04. Standards for Acceptable Content. In order to express certain minimum standards of Broadcasting Company for accepting broadcast material, the following rules are set forth. They do not purport to be a complete list of Broadcasting Companys standards, and are set forth for example only. In appropriate situations, Broadcasting Company may waive certain of the following requirements if good broadcasting in the public interest will result. Advertiser may submit any questionable matter to Broadcasting Company for a determination of the permissibility of its use before contracting any obligations or commitments. Advertiser agrees that, in order to obtain the highest possible degree of excellence in the broadcasting of programs and announcements, the following types of statements and practices shall not be used:(a) False or unwarranted claims for any product or service.(b) Infringements of another advertisers rights through plagiarism or unfair imitation of either program idea or copy, or any other unfair competition.(c) Disparagement of competitors or competitive goods.(d) Lotteries or “drawing contests” or any other contest in which the public is unfairly treated or where fair and competent judging is not provided.(e) Presentation of slanderous, obscene, profane, vulgar, repulsive, or offensive matter, either in theme or in treatment.(f) Ambiguous statements that may be misleading to the audience.(g) Unpleasantly rapid delivery of commercial announcements.(h) Testimonials that cannot be authenticated.
 
4.  FAILURE TO BROADCAST
4.01. Preemptions. Broadcasting Company reserves the right to preempt the time provided under this agreement, in order to present special events or programs of outstanding public importance. Broadcasting Company shall give Advertiser as much notice of preemption as is reasonably possible under the circumstances. If advance notice of the preemption is not possible, Broadcasting Company shall give notice promptly after preemption. Advertiser shall not be required to pay for any time preempted by Broadcasting Company. If a substitute time can be agreed on by Broadcasting Company and Advertiser, the preempted broadcast shall be presented at that time pursuant to the terms of this agreement. If mutual agreement in this regard is not possible, Advertiser shall continue to be entitled to all discounts and reductions of rates charged called for by this agreement notwithstanding the reduction in broadcasting time used. Broadcasting Company shall present courtesy announcements referring to Advertiser at the beginning and end of the broadcast of the preempting program.
4.02. Technical Difficulties or Other Causes Beyond Control of Broadcasting Company. (a) Any failure, interruption, or delay in presenting the broadcasts provided for in this agreement, in whole or in part, resulting from technical difficulties or mechanical failure of any of the broadcasting equipment or from strikes, labor disputes, boycotts, riots, terrorist acts, civil insurrection, war or national emergencies, governmental restrictions, acts of God, or any other cause beyond the control of Broadcasting Company, shall not constitute a breach of this agreement.
(b) If an entire broadcast is not presented, Broadcasting Company and Advertiser shall attempt to agree on a mutually satisfactory time to reschedule that broadcast pursuant to this agreement. If rescheduling cannot be agreed on or if part of a broadcast is omitted, Broadcasting Company shall grant a pro rata reduction in charges for the broadcasting time lost by Advertiser. However, if any commercial announcements are omitted, in whole or in part, Advertiser shall be entitled to a reduction in the time charges for the entire broadcast in the same ratio as the omitted announcement time bears to the total announcement time included in the broadcast, if this results in a greater reduction in charges.
(c) Advertiser shall continue to be entitled to all discounts and rates provided in this agreement, notwithstanding any reduction in broadcasting time used pursuant to this section.
 
5.  INDEMNIFICATION
5.01. By Advertiser. Advertiser agrees to indemnify and hold harmless Broadcasting Company from and against any and all claims, damage, or liability, including attorneys fees and the costs and expense of any legal action resulting from the broadcasting of material supplied or produced by Advertiser, including any musical composition or performance.
5.02. By Broadcasting Company. Broadcasting Company agrees to indemnify and hold harmless Advertiser from and against any and all claims, damage, or liability, including attorneys fees and the costs and expense of any legal action resulting from the broadcasting of material supplied or produced by Broadcasting Company, including any musical composition or performance.
5.03. Advertiser Responsible for Advertising Copy. Advertiser assumes full and complete responsibility and liability for the content of all advertising copy submitted and broadcast pursuant to this agreement, and shall indemnify and hold Broadcasting Company harmless against any demands, claims, or liability on it. Advertiser shall reimburse Broadcasting Company for any amount paid by Broadcasting Company in settlement of claims or in satisfaction of judgments obtained by reason of broadcasting advertising copy, and for all expenses incurred in that regard, including, but not limited to, attorneys fees and costs of litigation.
5.04. Continuing Effect. The provisions of Sections 5.01 through 5.03 shall remain effective and inure to the benefit of the respective parties notwithstanding the expiration, cancellation, or termination of this agreement.
 
6.  TERMINATION OF AGREEMENT
6.01. Termination. Either Broadcasting Company or Advertiser may terminate this agreement at the completion of the thirteenth, twenty-sixth, or thirty-ninth week of broadcasting, by giving the other party written notice of termination not less than 21 days before the effective date of the termination.
6.02. Cancellation for Nonperformance. Either Broadcasting Company or Advertiser may cancel this agreement at any time by giving the other party written notice of cancellation, if the other party has not complied with the terms and conditions of this agreement. Broadcasting Company may so cancel this agreement if Advertiser has failed to make any payment when due pursuant to this agreement or has become bankrupt, or if insolvency proceedings are instituted by or against Advertiser, or if it reasonably appears that the credit of Advertiser is impaired.
6.03. Effect on Rates. The rates and discounts specified in this agreement shall continue in effect in the event Broadcasting Company terminates this agreement pursuant to Section 6.01 or Advertiser cancels this agreement pursuant to Section 6.02. If Advertiser terminates this agreement pursuant to Section 6.01 or Broadcasting Company cancels this agreement pursuant to Section 6.02, the rates and discounts applicable to the entire term of this agreement shall be modified to reflect those shown in Broadcasting Companys rate schedule for the amount of time and other services actually used under this agreement.
 
7.  RENEWAL OF AGREEMENT
7.01. Advertiser Renewal Option. Advertiser shall have an option to renew this agreement on the terms and conditions contained in this agreement, except that the rates and charges provided in this agreement may be changed to match the rates and charges for other purchasers of broadcasting time according to Broadcasting Companys rate schedules in effect at the commencement date of the renewed contract.
7.02. Notice of Intention to Renew. Written notice of intention to renew this agreement shall be given to Broadcasting Company by Advertiser not less than 10 days before the termination date of this agreement.
7.03. Nonrenewal. No option to renew shall be available if there has been any default in the payments to Broadcasting Company required by this agreement or as to Advertisers performance of any of the other terms and conditions of this agreement. [Broadcasting Company may refuse to renew this agreement by giving Advertiser notice to that effect within five days after it has received notice that Advertiser has exercised its option to renew this agreement.]
 
8.  MISCELLANEOUS PROVISIONS
8.01. Governmental Regulation. This agreement is subject to the terms of the licenses held by Broadcasting Company and to all federal, state, and municipal laws, regulations, and decisions either presently in existence or to be enacted, made, or enforced in the future, including the regulations and actions of all governmental administrative agencies and commissions.
8.02. Assignment and Delegation. Neither party may assign any rights or delegate any duties under this agreement without the express prior written consent of the other.
8.03. Entire Agreement. This writing contains the entire agreement of the parties. No representations other than those expressly set forth in this agreement were made or relied on by either party. No agent, employee, or other representative of either party is empowered to alter any of the terms of this agreement, unless done in writing and signed by an officer of each party.
8.04. Controlling Law. The validity, interpretation, and performance of this agreement shall be controlled by and construed under the laws of the State of ____________________ without reference to its conflict of law principles.
8.05. Failure to Object Not a Waiver. The failure of either party to object to, or to take affirmative action with respect to, any conduct of the other that is in violation of the terms of this agreement shall not be construed as a waiver of any rights or of any future breach or subsequent wrongful conduct.
8.06. Cessation of Performance. In the event of any material breach of this agreement, including a failure to make any payments required under this agreement, the non-breaching party shall, in addition to any other rights and remedies available, have the option to immediately cease all performance under this agreement.
 
Executed on __________________[date], at __________________[city], ____________ [state].
 
BROADCASTING COMPANY
 
__________________  [signature of officer]
 [typed name and title]
 
 
ADVERTISER
 
__________________ [signature of officer]
 [typed name and title]
 
 
 
 
 
 
 
 
 
Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43663
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement for Local Broadcast Advertising
(between Advertiser and Radio
or Television Station)

 

 
_____________________ [name of advertiser] (Advertiser”) and ______________________ [name of station owner] (Broadcasting Company”), in consideration of the promises made in this agreement, agree as follows:
 
1.  BROADCASTING TIME
1.01. Agreement to Use and Provide Broadcasting Time. Advertiser agrees to use and Broadcasting Company agrees to provide broadcasting time on __________________[radio or television] station __________________[call letters] located in __________________[city and state] (the Station”), subject to the terms and conditions of this agreement.
1.02. Term of Agreement. The term of this agreement shall be from __________________[date] to and including __________________[date] (the Term”).
1.03. Advertising Spots. Throughout the Term, Advertiser shall have the right to use __________________[e.g., three periods of one minute each] for presenting commercial announcements __________________[specify regular-schedule context, e.g., immediately before, during, and immediately after each broadcast of a series of programs entitled __________________to be presented on the Station on __________________ (specify days, e.g., every Monday) from __________________ (time of day) to __________________ (time of day)] (the Advertising Spots”).
1.04. Subject of Commercial Announcements. Advertiser shall not use the Advertising Spots to advertise any person or entity other than Advertiser, and shall not advertise any products or services other than __________________[specify products or services to be advertised] without the express prior written consent of Broadcasting Company.
 
2.  COST AND PAYMENTS
2.01. Rates and Charges. The rates for the Advertising Spots are based on Broadcasting Companys rate card, a copy of which is attached and incorporated into this agreement. The total charge per Advertising Spot is $____________.
2.02. Agency Commission and Rate Representation. The charges specified in this agreement are based on Broadcasting Companys __________________[gross rates and are not subject to an agency commission or net rates and have been reduced by the amount that would be payable to an advertising agency as its commission. Advertiser represents that no advertising agency is entitled to a commission by reason of the broadcasts agreed to in this agreement]. Broadcasting Company represents that the rates, discounts, and charges specified in this agreement are as favorable to Advertiser as any available for broadcasts under a like agreement as of the date of execution of this agreement. If any other advertiser or agency is given more favorable treatment in this regard during the Term, then Broadcasting Company shall apply those standards to this agreement as of the date they become effective with respect to that other advertiser or agency.
 
 
[EITHER]
2.03. Discounts. The rates and charges specified in this agreement have been reduced by the maximum discounts applicable to the particular terms of this agreement, and any deviation may result in higher or lower discounts and charges for the time actually used pursuant to the rate card of Broadcasting Company.
[OR]
2.03. Discounts. The rates and charges specified in this agreement represent the gross rates and charges of Broadcasting Company, and on billing Advertiser, Broadcasting Company will reduce those charges as follows: (a) Advertiser shall be entitled to a cash discount of ____________ percent of the total charges billed if payment is made to Broadcasting Company on or before the 15th of each month for the charges incurred in the preceding month, provided there are no other amounts due to Broadcasting Company from Advertiser.(b) Advertiser shall be allowed an overall discount of ____________ percent on the total gross billing for station time pursuant to this agreement, if that total gross billing is not less than $____________ during any yearly period commencing with the date of the first broadcast and terminating 12 months later. If Advertiser is not entitled to an overall discount during any specified year, it shall have the right to qualify for either or both of the following discounts.
(1)  If the broadcasts provided for in this agreement are continued for not less than 13 consecutive weeks, Advertiser is entitled to a discount on gross billing for station time as follows:__________________ [specify].
(2)  If the broadcasts provided for in this agreement are presented for continuous periods of not less than one year, commencing with the date of the first broadcast under this agreement, Advertiser shall be entitled to an annual discount of 52 times____________ percent of the largest gross billings (less any advertising agency commission previously allowed on it) for station time used for broadcasts under this agreement for any week of that annual discount year. On termination of this agreement, if broadcasts under this agreement have continued for more than one annual discount year, Advertiser may elect to have this discount based on any consecutive 52-week period between the start of the last completed annual discount year and the termination date of this agreement, but that 52-week period may not include any period during which an overall discount has been allowed.
 
[OR]
2.03. Discounts. The rates and charges specified in this agreement represent the gross rates and charges of Broadcasting Company, and on billing Advertiser, Broadcasting Company will reduce those charges as follows:(a) Advertiser shall be entitled to a cash discount of ____________ percent of the total charges billed if payment is made to Broadcasting Company on or before the 15th of each month for the charges incurred in the preceding month, provided there are no other amounts due to Broadcasting Company from Advertiser.(b) Advertiser shall be entitled to a volume discount of ____________ percent based on the total amount of station time provided for under this agreement, as provided in the rate card of Broadcasting Company. This discount shall be reflected in the bills submitted to Advertiser. If the volume of broadcast time actually used exceeds that provided for in this agreement, any additional time shall be considered covered under this agreement for purposes of this discount, and if Advertiser becomes entitled to a higher discount as specified on Broadcasters rate card, that discount shall apply to the entire period covered by this agreement. If a lesser amount of broadcasting time than that called for in this agreement is actually used, the lower discount specified in Broadcasting Companys rate card will apply to the entire period of broadcasting under this agreement.
 
[CONTINUE]
2.04. Copyright License Costs. Broadcasting Company reserves the right to commence charging Advertiser for the cost of obtaining any standard music license issued by the American Society of Composers, Authors and Publishers, or by Broadcast Music, Inc., or by SESAC, Inc., covering the non-dramatic performance of the compositions, as published, of those organizations. Broadcasting Company shall give Advertiser written notice of its intention to make any such charge at least two weeks before the effective date, and on receiving that notice, Advertiser may cancel this agreement by giving written notice to Broadcasting Company, effective within one week after receipt of the notice. Advertiser shall not lose the benefit of any discount or lower rate by reason of cancellation under this provision.
2.05. Taxes. Any and all taxes, whether federal, state, or local, that may be charged or assessed against Broadcasting Company on account of this agreement or the performance of any obligations under this agreement shall be paid by Advertiser and shall be included on the regular billings as an additional charge.
2.06. Billing and Payment. (a) Broadcasting Company shall bill Advertiser monthly for all broadcasts presented during the previous month. Advertiser shall remit all payments due under this agreement to Broadcasting Company at __________________[or specify address] within 30 days after receipt of each bill. Payments shall be deemed made for all purposes under this agreement as of the date Broadcasting Company actually receives the remittance.
(b) All payments shall be received by Broadcasting Company subject to collection. Any delay in the collection of or failure to honor a payment instrument shall void the attempted payment, and payment shall not be considered made for purposes of this agreement until the instrument actually clears or the amount involved is otherwise in the actual possession of Broadcasting Company.
(c) All bills submitted pursuant to this agreement shall be deemed correct unless Advertiser makes written objection within 10 days after receipt.
(d) If Advertiser fails to make any payment when required by this agreement, Broadcasting Company shall have the option of canceling the balance of this agreement by giving written notice of cancellation before the payment in arrears has been received by Broadcasting Company.
2.07. Increase in Rates. Broadcasting Company reserves the right to increase any rate or charge, or to reduce any discount specified in this agreement, by giving Advertiser not less than 20 days prior notice of the change. On notification of a change of rates, Advertiser shall have the option of continuing this agreement in effect at the higher rates or canceling this agreement as of the date the change in rates becomes effective, without reduction of discounts or increase of rates because of the resulting reduction in time used. No increase of rates will be effective unless Broadcasting Company issues new rate cards reflecting the increase in rates applicable to all similar broadcasts.
3.  PROGRAMS AND ANNOUNCEMENTS
 
[EITHER]
3.01. Production by Broadcasting Company. Broadcasting Company shall provide the materials, talent, and all other production facilities for the commercial announcements to be presented in the Advertising Spots. If additional services not covered in this agreement are provided, the charges for those services will be determined by the mutual agreement of the parties. If the cost of talent or other production services as specified in this agreement should be increased by union action or any other causes beyond the control of Broadcasting Company, the change in cost will be borne by Advertiser. Broadcasting Company assumes no liability for the default or nonappearance of talent contracted for in this agreement, and reserves the right to provide substitute talent, provided that no additional charge shall be made to Advertiser and any resulting savings will accrue to Advertiser. Broadcasting Company retains all rights in all material furnished by it for the broadcasts, and Advertiser shall make no other use of that material without the express prior written consent of Broadcasting Company.
 
[OR]
3.01. Production by Advertiser. Advertiser shall provide the materials, talent, and all other production facilities for the commercial announcements to be presented in the Advertising Spots; however, Broadcasting Company shall always provide its usual technical and transmission facilities and the services of its regular staff announcers without any charge in addition to that for broadcast time.
3.02. Submission to Broadcasting Company. Advertiser shall present all materials to be used in broadcasts under this agreement to Broadcasting Company not less than 48 hours in advance of its scheduled broadcast date. Materials required to be submitted shall include scripts, continuity, tape recordings, records, commitments for talent, and all other material necessary to present the broadcast. These materials shall not be considered submitted to Broadcasting Company until Broadcasting Company actually receives them. If Broadcasting Company has not received these materials at least 48 hours before the scheduled broadcast, it shall notify Advertiser of that fact, and Broadcasting Company may use substitute materials that Broadcasting Company deems suitable and appropriate under the circumstances, and Advertiser shall pay, in addition to all other charges specified in this agreement, the entire cost of that production reasonably incurred by Broadcasting Company.
3.03. Approval of Content of Broadcasts. Broadcasting Company shall have the right to disapprove all materials submitted for broadcasts and to refuse to permit any individual to participate in any broadcast. Broadcasting Company may delete or omit any part of any broadcast. Broadcasting Companys right of disapproval shall be exercised in its sole discretion as to any matter it deems objectionable for any reason whatsoever. Broadcasting Company reserves the right to refuse to broadcast all or any part of any announcement, or to interrupt any broadcast in progress and cease to transmit all or any part, if Broadcasting Company reasonably and in good faith determines that the program or announcement material is of substandard technical quality, or not in conformity with the standards of quality broadcasting, or is in bad taste or otherwise objectionable.
3.04. Standards for Acceptable Content. In order to express certain minimum standards of Broadcasting Company for accepting broadcast material, the following rules are set forth. They do not purport to be a complete list of Broadcasting Companys standards, and are set forth for example only. In appropriate situations, Broadcasting Company may waive certain of the following requirements if good broadcasting in the public interest will result. Advertiser may submit any questionable matter to Broadcasting Company for a determination of the permissibility of its use before contracting any obligations or commitments. Advertiser agrees that, in order to obtain the highest possible degree of excellence in the broadcasting of programs and announcements, the following types of statements and practices shall not be used:(a) False or unwarranted claims for any product or service.(b) Infringements of another advertisers rights through plagiarism or unfair imitation of either program idea or copy, or any other unfair competition.(c) Disparagement of competitors or competitive goods.(d) Lotteries or “drawing contests” or any other contest in which the public is unfairly treated or where fair and competent judging is not provided.(e) Presentation of slanderous, obscene, profane, vulgar, repulsive, or offensive matter, either in theme or in treatment.(f) Ambiguous statements that may be misleading to the audience.(g) Unpleasantly rapid delivery of commercial announcements.(h) Testimonials that cannot be authenticated.
 
4.  FAILURE TO BROADCAST
4.01. Preemptions. Broadcasting Company reserves the right to preempt the time provided under this agreement, in order to present special events or programs of outstanding public importance. Broadcasting Company shall give Advertiser as much notice of preemption as is reasonably possible under the circumstances. If advance notice of the preemption is not possible, Broadcasting Company shall give notice promptly after preemption. Advertiser shall not be required to pay for any time preempted by Broadcasting Company. If a substitute time can be agreed on by Broadcasting Company and Advertiser, the preempted broadcast shall be presented at that time pursuant to the terms of this agreement. If mutual agreement in this regard is not possible, Advertiser shall continue to be entitled to all discounts and reductions of rates charged called for by this agreement notwithstanding the reduction in broadcasting time used. Broadcasting Company shall present courtesy announcements referring to Advertiser at the beginning and end of the broadcast of the preempting program.
4.02. Technical Difficulties or Other Causes Beyond Control of Broadcasting Company. (a) Any failure, interruption, or delay in presenting the broadcasts provided for in this agreement, in whole or in part, resulting from technical difficulties or mechanical failure of any of the broadcasting equipment or from strikes, labor disputes, boycotts, riots, terrorist acts, civil insurrection, war or national emergencies, governmental restrictions, acts of God, or any other cause beyond the control of Broadcasting Company, shall not constitute a breach of this agreement.
(b) If an entire broadcast is not presented, Broadcasting Company and Advertiser shall attempt to agree on a mutually satisfactory time to reschedule that broadcast pursuant to this agreement. If rescheduling cannot be agreed on or if part of a broadcast is omitted, Broadcasting Company shall grant a pro rata reduction in charges for the broadcasting time lost by Advertiser. However, if any commercial announcements are omitted, in whole or in part, Advertiser shall be entitled to a reduction in the time charges for the entire broadcast in the same ratio as the omitted announcement time bears to the total announcement time included in the broadcast, if this results in a greater reduction in charges.
(c) Advertiser shall continue to be entitled to all discounts and rates provided in this agreement, notwithstanding any reduction in broadcasting time used pursuant to this section.
 
5.  INDEMNIFICATION
5.01. By Advertiser. Advertiser agrees to indemnify and hold harmless Broadcasting Company from and against any and all claims, damage, or liability, including attorneys fees and the costs and expense of any legal action resulting from the broadcasting of material supplied or produced by Advertiser, including any musical composition or performance.
5.02. By Broadcasting Company. Broadcasting Company agrees to indemnify and hold harmless Advertiser from and against any and all claims, damage, or liability, including attorneys fees and the costs and expense of any legal action resulting from the broadcasting of material supplied or produced by Broadcasting Company, including any musical composition or performance.
5.03. Advertiser Responsible for Advertising Copy. Advertiser assumes full and complete responsibility and liability for the content of all advertising copy submitted and broadcast pursuant to this agreement, and shall indemnify and hold Broadcasting Company harmless against any demands, claims, or liability on it. Advertiser shall reimburse Broadcasting Company for any amount paid by Broadcasting Company in settlement of claims or in satisfaction of judgments obtained by reason of broadcasting advertising copy, and for all expenses incurred in that regard, including, but not limited to, attorneys fees and costs of litigation.
5.04. Continuing Effect. The provisions of Sections 5.01 through 5.03 shall remain effective and inure to the benefit of the respective parties notwithstanding the expiration, cancellation, or termination of this agreement.
 
6.  TERMINATION OF AGREEMENT
6.01. Termination. Either Broadcasting Company or Advertiser may terminate this agreement at the completion of the thirteenth, twenty-sixth, or thirty-ninth week of broadcasting, by giving the other party written notice of termination not less than 21 days before the effective date of the termination.
6.02. Cancellation for Nonperformance. Either Broadcasting Company or Advertiser may cancel this agreement at any time by giving the other party written notice of cancellation, if the other party has not complied with the terms and conditions of this agreement. Broadcasting Company may so cancel this agreement if Advertiser has failed to make any payment when due pursuant to this agreement or has become bankrupt, or if insolvency proceedings are instituted by or against Advertiser, or if it reasonably appears that the credit of Advertiser is impaired.
6.03. Effect on Rates. The rates and discounts specified in this agreement shall continue in effect in the event Broadcasting Company terminates this agreement pursuant to Section 6.01 or Advertiser cancels this agreement pursuant to Section 6.02. If Advertiser terminates this agreement pursuant to Section 6.01 or Broadcasting Company cancels this agreement pursuant to Section 6.02, the rates and discounts applicable to the entire term of this agreement shall be modified to reflect those shown in Broadcasting Companys rate schedule for the amount of time and other services actually used under this agreement.
 
7.  RENEWAL OF AGREEMENT
7.01. Advertiser Renewal Option. Advertiser shall have an option to renew this agreement on the terms and conditions contained in this agreement, except that the rates and charges provided in this agreement may be changed to match the rates and charges for other purchasers of broadcasting time according to Broadcasting Companys rate schedules in effect at the commencement date of the renewed contract.
7.02. Notice of Intention to Renew. Written notice of intention to renew this agreement shall be given to Broadcasting Company by Advertiser not less than 10 days before the termination date of this agreement.
7.03. Nonrenewal. No option to renew shall be available if there has been any default in the payments to Broadcasting Company required by this agreement or as to Advertisers performance of any of the other terms and conditions of this agreement. [Broadcasting Company may refuse to renew this agreement by giving Advertiser notice to that effect within five days after it has received notice that Advertiser has exercised its option to renew this agreement.]
 
8.  MISCELLANEOUS PROVISIONS
8.01. Governmental Regulation. This agreement is subject to the terms of the licenses held by Broadcasting Company and to all federal, state, and municipal laws, regulations, and decisions either presently in existence or to be enacted, made, or enforced in the future, including the regulations and actions of all governmental administrative agencies and commissions.
8.02. Assignment and Delegation. Neither party may assign any rights or delegate any duties under this agreement without the express prior written consent of the other.
8.03. Entire Agreement. This writing contains the entire agreement of the parties. No representations other than those expressly set forth in this agreement were made or relied on by either party. No agent, employee, or other representative of either party is empowered to alter any of the terms of this agreement, unless done in writing and signed by an officer of each party.
8.04. Controlling Law. The validity, interpretation, and performance of this agreement shall be controlled by and construed under the laws of the State of ____________________ without reference to its conflict of law principles.
8.05. Failure to Object Not a Waiver. The failure of either party to object to, or to take affirmative action with respect to, any conduct of the other that is in violation of the terms of this agreement shall not be construed as a waiver of any rights or of any future breach or subsequent wrongful conduct.
8.06. Cessation of Performance. In the event of any material breach of this agreement, including a failure to make any payments required under this agreement, the non-breaching party shall, in addition to any other rights and remedies available, have the option to immediately cease all performance under this agreement.
 
Executed on __________________[date], at __________________[city], ____________ [state].
 
BROADCASTING COMPANY
 
__________________  [signature of officer]
 [typed name and title]
 
 
ADVERTISER
 
__________________ [signature of officer]
 [typed name and title]
 
 
 
 
 
 
 
 
 

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