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Basics of Radio Advertising
1. All new contract advertisers must pay for advertisements in advance, after 90 days a time credit may be extended upon a supervisory review. After credit has been established, all invoices are due and payable upon presentation.
2. An interest charge of 1 1/2% per month will be added to accounts not paid within fifteen (15) days of billing.
3. All Open Rate, political and entertainment advertising must be paid in advance.
4. This agreement cannot be invalidated or cancelled by Advertiser for wrong insertions or omissions by Publisher.
5. Publisher shall not be responsible for typographical errors resulting in mispronunciation or incorrect spoken emphasis. Any names that are not deemed common to the average person should be written as they are to be spoken phonetically. However, in its sole discretion, Publisher may reduce the charge for such portion of an advertisement as may have been rendered useless by such an error. Publisher assumes no responsibility for more than one insertion / pronunciation error in an advertisement. Advertiser agrees that in the even Publisher fails to publish any ad, or makes any error in the publication of any ad; Advertiser's sole remedy is the refund of the cost of the ad in question. Advertiser waives any right to collect other damages, including but not limited to incidental, consequential or lost profits damages.
6. The rates agreed to on the face side of this agreement shall apply only if Advertiser fully performs this agreement according to its terms. If Advertiser cancels this agreement for any reason other than a rate increase as provided for in paragraph 11 hereof, Advertiser shall pay for either (a) all advertising from the date of this agreement to date of cancellation at the current Open Rate or (b) the outstanding balance due for all advertising contracted for, whichever amount is greater.
7. Any bills rendered to Advertiser by Publisher shall be conclusively correct and shall constitute an account stated, unless a specific, written objection is made thereto by Advertiser within fifteen (15) days from the date of billing.
8. Publisher reserves the right to cancel this agreement at any time without notice if Advertiser fails to pay any bill within forty-five (45) days of submission thereof or commits any other breach of this commitment. In the event of such cancellation, Advertiser agrees to pay (a) all advertising from the date of this agreement to date of cancellation at the current Open Rate (b) all costs of collection, including without limitation reasonable attorney's fees for the collection of monies due from Advertiser and in enforcing Publisher's rights under this agreement, whether or not a lawsuit is instituted.
9. Advertiser represents to Publisher that none of the advertising copy submitted by it to Publisher shall give ruse to a claim by a third party for fraud, misrepresentation, defamation, trade disparagement, invasion of privacy or infringement of any copyright, trademark or trade name (hereinafter "Third Party Claims"). Advertiser also agrees to defend, reimburse, pay, indemnify and save and hold Publisher and its agents and assigns harmless from any liability, loss, damages, judgment or claim or any and all costs and expenses (including without limitation attorney's fees and costs) incurred by them in connection with any action suite, claim or proceeding in whatever nature threatened or brought against them arising from any advertisement published by Publisher for Advertiser pursuant to this agreement, including without limitation any Third Party Claims.
10. Publisher reserves the right to change the rates agreed to herein at any time, provided, however, that is Publisher increases advertising rates during the term of this agreement to the Advertiser, Advertiser has the right to cancel this agreement, without short rate penalty charge, within five (5) days of the date on which higher rates applicable to Advertiser are made effective by Publisher.
11. If this agreement is signed by an advertising agent for Advertiser, said agency represents and warrants that it is authorized to sign the agreement for its client involved. It is further understood and agreed that the Advertiser/client benefiting from any advertising ordered by the agency is liable for payment therefore jointly and severally with the agency.
12. Advertiser agrees that in the event new copy is not supplied before the deadline for next insertion (Fridays at 5PM), Publisher has the right to insert the minimum rate holder.
13. Advertiser expressly invites and grants permission to publisher to transmit any advertisement or solicitation pertaining to Publisher’s goods and services to Advertiser by any means, including via facsimile, Internet, WiFi, Print and e-mail.
14. This agreement constitutes the entire agreement between the parties, and no verbal agreements or representations changing or supplementing in any manner the Terms and Conditions hereof shall be deemed effective.
15. This agreement shall be governed by the laws of California. Any dispute arising under this agreement may only be resolved either in a Los Angeles County Court, or by arbitration at Publisher's discretion.
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