HomeMy WebLinkAbout257304 COMCAST - CONTRACT - CONTRACT - 17580AGREEMENT
common on tcifs/ tG media services/ blank agency contract
H IZED BY ADVERTISER/AGENC DATE /63
AUTHORIZED BY CABLE SYSTEM ADVERTISING DATE
By signing the above Advertiser/Agency agrees to the terms and conditions as set forth on reverse side.
AGREEMENT
CLIENT
NAME TRANSPORT gg75
CONTRACT FILE
NUMBER TO REFERENCE:
TODAY'S
DATE
Line # Network Headland Week
Type
2 20 N
2 20 N
2 20 N
2 20 N
2 20 N
10/2/03
Start
Date
12/14/03
12/20/03
12/211W
12/27/03
12/28/03
ENTERED BY
Stop
Date Mon
12/14/03
12/20/03
12/21/03
12/27/03
12/28/03
Revision:
Cancellation:
New Order:
X
Days Authorized
Tue Wed Thur
Date:
Date:
Date:
Fri
10/2/03
Sat
X
X
Adjust Billing To:
Remarks
NFL PACKAGE
Start Stop
Sun Time Time
X 1830 2130
1830 2130
X 1830 2130
1830 2130
X 1830 2130
Total
S ots
Unit
Cost
Ccomicast
Total $'s
Per Line
Spot Ad Copy
Len th
1 $200.00 $200.00
30
1 1Z200.00 $200.00
30
1 4-400.00 $400.00
30
1 $200.00 $200.00
30
1 $200.00 $200.00
30
TOON 20
TWC 20
MTV 20
HDLN 20
N
N
N
N
10/8/03
10/13/03
10/21/03
12/1/03
10/12/03
10/19/03 X
10/24/03
12/7/03 X
X X
X
X X X
X X X
X
X
X
X
X
X
X
X
X
X
600
600
600
600
2400
2400
2400
2400
25
$20.00
$500.00
30
25 $20.00 $500.00
30
20 $20.00 $400.00
30
30 $20.00 $600.00
30
Comcast TERMS AND CONDITIONS
The parties acknowledge and agree that the following tens and conditions set forth hereinafter shall constitute the terms and conditions of this Contract for cable advertising, and may not be modified except as prescdbed below.
1) This contract for cable advertising is between Cable System and Advertiser on whose behalf the advertising is made, whether placed by an Agency or by Advertiser. Advertiser shall be solely liable for payments to be made under this Contract, except that
Cable System may accept payments from Agency on behalf of Advertiser, however, the acceptance of payments from Agency shall not relieve Adverfiserof any liability forany amounts unpaid by Agency. AGENCY GUARANTEES PAYMENT AND
PERFORMANCE OF ADVERTISER'S OBLIGATION. It is acknowledged that Agency is Agent of Advertiser. Agency and Advertiser warrant and represent that Agency had the authority to bind Advertiser to the terms and conditions of this Contract, and that
Cable System has entered into this Contract in reliance upon these representations.
2) The rate for the cable advertising purchased by the Advertiser shall be as stated on the front of this Acceptance and Confirmation. System reserves the right in connection with a general applicable rate Adjustment, to charge the rates and charges
specified on the face of this contract for cablecasts hereunder by giving 30 days prior written notice of such rate adjustments to Advertiser. A commercial announcement is billable if it reaches 90 % (threshold) of the subscribers in the contracted for
geographic area.
3) Payment by or on behalf of Advertiser shall be due upon receipt of an invoice from Cable System, except that Cable System, in its sole discretion, retains the right to require payment in advance of the broadcast of the cable advertising purchased hereby.
Cable Systems will, upon request, submit a notarized affidavit of performance with the invoice for cable advertising. Advertiser and Agent agree to make full payment when due.
4) In the event that Advertiser or Agency fails to make the payments due hereunder. Cable System reserves the right to cease all advertising for or on behalf of Advertiser, whether pursuant to this Contract or any other contract, and to terminate from such
point forward its obligations under this Contract. In the event full payment is not made as and when called for, this Contract may be declared to be in default and all monies due Cable System shall be subject to an additional charge equal to 1 112% per month
on the outstanding balance or the highest amount permitted by law. Advertiser and Agency further agree that if any invoice for cable advertising shall be placed in the hands of an aftomey or agency for collection, Advertiser and Agency agree to pay Cable
System's court cost, reasonable expenses of collection and reasonable affomey's fees incurred in collecting such invoices, but not in excess of the amount permitted by law.
5) Commercial announcements may be cancelled by the Cable System in fts sole discretion upon 24 hours prior notice. Cable System reserves the right to cancel this contract upon default by advertiser in the payment on bills, for any other material breach of
the terms hereof, and if Cable System determines that a commercial announcement fails to meet Cable Systems content guidelines, at any time upon notice whether given orally or in writing. In the event that Advertiser wishes to cancel or modRy this
Contract, a minimum of two weeks written notice must be provided to Cable System. In the event of such a cancellation or modification Cable System shall have the fight to recompute at the rate eamed, the charges for the time actually used, as the rate
reflected on the then current rate card. In the event Cable System is unable to fill airspace left open by Advertiser's and/or Agency's timely cancellation or modification, Cable System shall be entitled lo the lesser of either a charge of 25% of the contract
value of such cancelled or modified advertising, or the difference in the contract value and the amount paid by a replacement advertiser, if Cable System is able to fill such airspace.
6) IF FOR ANY REASON THERE IS AN INTERRUPTION, DELAY, OR OMISSION OF ANY CABLE ADVERTISING TO BE BROADCAST UNDER THIS CONTRACT, CABLE SYSTEM MAY SUGGEST A SUBSTITUTE TIME PERIOD ("MAKE GOOD-). IN
NO EVENT SHALL CABLE SYSTEM BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, THE FAILURE OR INABILITY OF
CABLE SYSTEM TO CABLECAST CABLE ADVERTISING OR, AS A RESULT OF ANY INCORRECT CABLECASTING OR ANY CABLE ADVERTISING. THE SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND SHALL BE LIMITED TO
CABLE SYSTEM FURNISHING A "MAKE GOOD" OR, IF NOT FEASIBLE, THEN A REFUND OF THE PROPORTIONATE AMOUNT PAID FOR SUCH MISSED ADVERTISING.
7) Cable System at all times retains the right to reject any and all advertisements submitted by Advertiser or Agency, whether due to technical quality, content (except for political advertising which is broadcast pursuant to the provisions of Section 315 of the
c
Communications Act of 1934, as amended) for financial reasons if Cable Systems feels, in its sole discretion, that Advertiser's or Agency's inability to pay Cable System is impaired or for any other reason, without necessity or requirement of giving any
explanation whatsoever.
8) Advertiser and Agency, separately and severally, warrant and represent that all music composition, copy or other materials used in connection with the cable advertising bmadcast hereunder do not violate or infringe the copyright, ownerships, or
authorship of any person or entity. All advertising shall be free and clear for advertising without further payment of copyright or other fees or obtaining any consents or approval. Advertiser and Agency further warrant and represent that the content of all
advertising broadcast hereunder comply with the rules and regulations of the Federal Trade Commission. ADVERTISER AND AGENCY AGREE TO HOLD AND SAVE CABLE SYSTME HARMLESS AGAINST ALL LIABLILITY RESULTING FROM THE
CABLECAST OF CABLE ADVERTISING ON BEHALF OF ADVERTISER, AND SHALL INDEMNIFY CABLE COMPANY, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES, FROM AND AGAINST ALL DAMAGES, LIABILITY, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM DEFENDING OR ANSWERING ANY CLAIM MADE AGAINST CABLE SYSTEM, ITS OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES, RESULTING FROM
SUCH CABLECAST, INCLUDING BUT NOT UNITED T0, CLAWS BASED ON THE CONTENT OF SUCH CABLECAST, VIOLATION OF COPYRIGHTS, PERFORMANCE RIGHTS, LIBEL, SLANDER, AND ANY OTHER CAUSE OF ACTION
ASSOCIATED WITH OR RELATED TO THE PRODUCTION, CONTENT, OR MATERIAL OF ANY ADVERTISEMENT SUPPLIED BY CABLE SYSTEM AND ITS RELATED ENTITIES.
9) This Contract may not be assigned or transferred by Advertiser or Agency without written consent of Cable System. In the event this Contract is assigned or transferred by advertiser or agency, Cable System reserves the right to recomputed the rate
structure. Further, any credit afforded the assignee or transferee must be approved in writing by Cable System prior to the assignment or transfer taking place.
10) This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Colorado and Wyoming and of the United States. Advertiser and Agency agree and consent that any action, suit, or proceeding arising out of or brought
to enforce this Contract may be brought in the District Court for the City and County of Denver, State of Colorado, or in any other court having jurisdiction over the subject matter, all at the sole discretion of Cable System, and by execution of this Contract,
Advertiser and Agency consent to the jurisdiction of each such court.
11) If any provision hereof is declared to be unlawful or unenforceable, any and all other provisions not affected thereby shall remain in full force and effect.
12) This Contract contains the enfire agreement between the parties, and no charge, modification or waiver of any of its terms and conditions shall be effective unless made in wdfing and signed by all parties.
13) This Contract is subject to the terms and conditions of franchises and licenses held by System and all federal, State and local laws, ordinances, rules and regulations.
14) The parties stipulate and agree that facsimile signatures are considered orginal for the purpose of executing this Contract.
15) The Advertiser and/or Agency acknowledg that there are two sides to this form and agree to all the terms and conditions contained on the front and back of this sheet.
Advertiser/Agency initials:(L _ -Date: Q ? (,
y� TRANSPORT 5/6/03