ADVERTISER TERMS & CONDITIONS
- 1) GENERAL
- a) Station does not discriminate on the basis of race, ethnicity, gender or national origin in any of our advertising practices.
- b) Advertiser shall not assign or transfer its obligations under a broadcast/digital order without the prior written consent of Station, nor shall Station be required to perform under a broadcast and/or digital order for the benefit of any third party.
- 2) BILLING AND PAYMENT
- a) Billing. Station shall bill Advertiser monthly, using the standard broadcast calendar unless otherwise arranged. Invoices shall be in accordance with Station’s logs and shall be deemed correct unless proven otherwise. Invoices shall contain advertiser/product, date, time and length of commercial announcement, cost and commercial code identifying each commercial announcement as supplied by the Advertiser, such code for each commercial announcement. The Station warrants that all information shown on the invoice is true and correct and was taken from the commercial record produced and maintained at the Station, and will be made available, as will other records adequate to verify performance of conditions of sale, on request, for inspection by the advertiser for twelve (12) months from the month of broadcast. This statement shall be evidence of proof of performance.
- b) Payment Terms. Payment terms are net thirty (30) days. Failure to make timely payment may result in the suspension of performance by Station.Payment should be sent to KOB, PO Box 840422, Dallas, TX 75284-0422. For credit card payments visit KOB.com/pay.
- c) Joint and Several Liability. Station may hold the advertiser that is the subject of the advertisements covered by the order and any person or entity acting on behalf of the advertiser, such as the agency, time-buying service or other media placement services (collectively, “Advertiser”) jointly and severally liable for any amounts due as a result of broadcast and/or digital advertisements by Station.
- d) Materiality. Date of payment is material in all cases. Failure to make timely payment may result in the suspension of performance by Station.
- e) Right to Modify. Station shall have the right to modify the terms of payment if Advertisers creditworthiness is materially Impaired, as determined by Station in its sole discretion.
- f) Returned Check Fees. In addition to any remedies that may be available at law or in equity, Station may impose a service charge of $50.00 on Advertiser if a check or payment of Advertiser is returned for insufficient funds.
- g) Disputes. Station must be notified within fifteen (15) days of the date of invoice if Advertiser disputes any portion of the invoice, otherwise the invoice will be considered accepted by Advertiser as correct and payable in full. Review of disputes raised beyond the fifteen (15) day period will be at the sole discretion of Station. Advertiser shall timely pay the undisputed portion of a disputed invoice. Advertiser shall timely pay amounts owed on adjusted invoices. Unpaid amounts hereunder shall be subject to interest charges as provided above.
- h) Advertiser shall be responsible for and shall timely pay all taxes of any kind or nature, but excluding taxes on the income of Station, due as a result of broadcast and/or digital advertisement by Station on behalf of Advertiser.
- i) NM Gross Receipt Tax. All advertising services performed in New Mexico is subject to the State gross receipt tax. Gross receipt tax rate varies throughout the State from 5.125% to 9.4375%. It varies because the total rate combines rates imposed by the State, Counties, and, if applicable, Municipalities where the businesses are located. Changes to the tax rate may occur twice a year in January or July. Advertiser must provide Type 5 Non-Taxable Transaction Certificate (NTTC) to station in order to be exempt. The Agency, time-buying service or other media placement service may be subject to New Mexico gross receipt tax.
j) Applicable Law. Media placement shall be governed by and construed in accordance with the Communications Act of 1934, as amended, the rules and regulations of the Federal Communications Commission and the laws of the State of New Mexico. The substantially prevailing party in any suit, action or proceeding brought in connection with a media placement shall be entitled to payment by the other party of all attorneys’ fees, collection costs, court fees and other expenses incurred by the substantially prevailing party, regardless of whether incurred before or after judgment.
3) TERMINATION
- a) Cancellations & Breach. Station shall have the right to cancel a broadcast and/or digitalplacement at any time on default by Advertiser in the payment of invoices or other material breachofthe terms hereof. On such cancellation, all charges for broadcast and/or digital placement providedhereunder and not paid shall become immediately due and payable. If Station cancels by reason ofthe Advertiser’s material breach, the Advertiser’s only liability shall be to pay for advertisement completed prior to cancellation by Station. In the event of a failure by Station in fulfilling the order, the Advertiser may cancel the order at any time upon prior notice, and in such event, the Advertiser’s only liability shall be to pay for broadcasts completed prior to such cancellation. If Advertiser cancels any portion of an order, or if Station cancels an order for cause due to a the Advertiser failure to adhere to these terms & conditions, rate discounts may be void and rates on the then-current Station rate card may apply. If Station cancels an order other than for cause, the Advertiser will receive the same discounts that it would have earned had it been allowed to complete the order. No waiver of any breach of a broadcast and/or digital placement order by either party shall constitute a waiver as to any future breach.
b) Inability to Broadcast. Station shall not be liable to Advertiser if Station is unable to broadcast advertisements due to public emergency or necessity, an event of force majeure, restrictions imposed by law, acts of God, labor disputes or any other cause beyond Station control, including mechanical breakdown.
- 4) PRODUCTION & AD MATERIALS
- a) Station may produce ad material for Advertiser upon request. Cost and delivery parameters will be agreed upon in writing in advance for such production.
- b) Ad Material Delivery. Unless otherwise agreed by Station and Advertiser, Advertiser shall deliver its ad materials in a form ready for broadcast and/or digital placement, and Advertiser shall pay all expenses incurred in connection with the production and delivery of its ad materials. If Advertiser fails to deliver ad materials to Station by deadline set by station, station shall have the right to broadcast and/or digital display substitute ad materials, if available, and Advertiser shall remain obligated to pay for the use of the ad placement.
- c) Approval of Material. All materials submitted by Advertiser for broadcast &/or digital placement by Station are subject to approval by Station. Station shall have the right to edit or reject any materials that do not meet the Stations standards for content and/or technical quality, as determined by Station in its sole discretion. In addition, Station shall have the right to broadcast substitute ad material, if available, and Advertiser shall remain obligated to pay for the use of the ad placement.
- d) As between Advertiser and Station, Advertiser shall be deemed the owner of all materials delivered by Advertiser for broadcast and/or digital placement by the Station, and the Station shall be deemed the owner of all materials produced by the Station in connection with and for broadcast and/or digital placements on behalf of Advertiser.
- e) Handling of Materials. Station shall have no liability for loss or damage to materials supplied by Advertiser, except to the extent caused by the gross negligence or willful misconduct of the Station.
- 5) ADDITIONAL TERMS
a) Ratings/Impressions. Station makes no representations or warranties to Advertiser with respect to the number or composition of viewers to whom a broadcast and/or digital ad may be distributed. The number and composition of viewers is an estimate proved by third-parties and will vary by type of message delivery, geographic areas and other circumstances, and may change at any time. b) Third-Party Software. Station does not adhere to guidelines, terms or conditions stated on third-partysoftware providers (ie: ePort) utilized by Advertiser to communicate orders to station. Station will make a good faith effort to receive broadcast and/or digital placements through third-party software on a timely basis. Station is not responsible for delays or failures to deliver advertisements as ordered due to processes or policies of third-party software providers.
c) Posting & Under-Delivery.Station will post to industry standards of 90%, placements requiring more than 90% requires Station management approval. Percentage of ratings projections must be agreed upon during negotiation. Criteria for post must be agreed upon during order negotiation and placement. (delivery, type, survey, demo, data provider). All posting will be based off primary demo and the Advertiser must be current with accounts payable.The Station reserves the right to makegood those points any time over the following two quarters. All ratings on under-delivery weight will be based on the ratings traditional with the quarter it airs. All requests for posting weight must include industry accepted documentation detailing shortfall. Station cannot consider any post that is not documented. If Advertiser fails to notify and/or place and run the under-delivery order per this criteria, points are null and void. Station will not preempt cash Advertiser ads for under-delivery weight owed.
Under-delivery weight owed for any quarter must be requested by the end of the following quarter. The station receives the right to makegood those points any time over the following two quarters. All ratings on under-delivery weight will be based on the ratings traditional with the quarter it airs. All requests for posting weight must include industry accepted documentation detailing shortfall. Station cannon consider any post that is not documented If Advertiser fails to notify and/or place and run the under-delivery order per this criteria , points are null and void. Station will not preempt cash advertiser ads for under-delivery weight owed.
d) Added Value. All requests for added value must be agreed upon during negotiations. Added value in the form of no-charge ads may be offered to Advertisers that pay invoices within (30) days and are current with accounts receivable. Station does not provide added value for all ad placements, this is negotiated using added value parameters. Added value will not be honored during any given Political window. Station may provide a maximum of 3% added value which will air in areas that Station deems appropriate. Negotiated added value must be approved by Station management and is never guaranteed and is solely based on Station inventory availability. Station will not preempt cash Advertiser ads for expected added value spots.
e) Preemptions & Makegoods. Station shall have the right to preempt broadcast and/or digital ads placed by Advertiser for any reason in accordance with standard industry practices. If, for any reason, all or a portion of the broadcast/digital placement is not distributed in accordance with contract, Station shall give Advertiser as much notice as commercially reasonably and Station may provide a “make good” for such ad in the same and/or comparable manner or class of time, if not makegood comparable placement is available, Station shall provide a corresponding credit on the invoice. Advertiser must make a good faith effort to respond to Station communication regarding preemption and proposed make goods on a timely basis in order to allow Station to fulfill offered make goods given stated Station’s deadlines and broadcast/digital display inventory management requirements.
f) Live Programming. Live programming is not time restrictive or consistent. Purchasing ad placement in live programming is not a time period purchase, ads may run prior to or past the scheduled time of the event.
g) Promotions, Contest, Sweepstakes. Advertiser will pay all non-recoverable out-of-pocket costs incurred in connection with any ad messages, promotion, contest, sweepstakes or other service provided to Advertiser by Station and/or Station Affiliates. Station may invoice ads based on performance data provided by a third party or Station. Station specially disclaims and makes not representations or warranties of any kind, express or implied regarding the performance data.
