Company with respect to any breach not specifically waived by
Company. This Contract and all related claims shall be
construed according to the laws of the State of New
Hampshire and Hillsborough County, New Hampshire shall be
the proper and exclusive legal jurisdiction and venue for any
resulting legal action.
8. Invoicing will be rendered monthly in advance dating
from the commencement date of the first advertising period.
Invoices rendered to Advertiser shall be conclusive as to the
correctness of the items stated unless Company receives
written objection within fifteen (15) days thereof. Non-receipt
of invoices or lack of invoicing, shall not impact Advertiser's
liability hereunder. Any discounts given shall be
forfeited/reversed for invoices not paid within sixty (60) days
from the date thereof. All rates and adjustments are
computed on the basis of thirty (30) days to the month, unless
a different period is specified on the face hereof. Invoices
shall be due thirty (30) days after the date of invoice and
failure to pay within such timeframe shall result in a default
hereunder and shall further be deemed a default under any
other agreements with Company. Notwithstanding the
foregoing, in the event that Company accepts payment by ACH
or credit card, Company shall have the right, at Company’s
option, to either (a) require Advertiser to pay all amounts due
or coming due under the Contract on the date of the ACH or
credit card payment or (b) require Advertiser to set up
recurring payments whereby the Advertiser’s ACH or credit
card is charged on each invoice date for the full invoice
amount.
9. Company shall not be held responsible for unused
posters, displays or other copy provided by Advertiser and
Company may dispose of any such materials. Company may
promote Company’s own business through the use of
Advertiser's posters or displays in any manner whatsoever.
Company is an Equal Opportunity Employer.
10. This Contract contains the full agreement of the parties,
and no prior representation or assurance, verbal or written not
contained herein, shall affect or alter the obligation of either
party hereto. This Contract is not cancelable or assignable by
Advertiser, nor may the subject of the advertising be changed
without the consent of Company. Notwithstanding the
foregoing, agreements for transit displays may be cancelled by
Advertiser upon providing at least 90-days written notice prior
to affected posting date, with Advertiser paying, upon
invoicing, short rate for actual length of term.
11. The following provisions shall be applicable in the event
that this Contract shall be for the display of advertising copy
on a LED, LCD or other digital display sign (“Digital Sign”):
Notwithstanding anything herein to the contrary, the Company
shall be not obligated to display the copy for more than 91%
of the display time provided hereunder (the “Guaranteed
Display Time”). If the Company displays the copy for at least
the Guaranteed Display time, there shall be no reduction in the
fee paid hereunder or extension of the term hereof. If the
Company displays the copy for less than the Guaranteed
Display Time, the Company shall, in its sole discretion, either
(i) terminate this Contract and reimburse the Advertiser for
fees paid relating to the period for which the copy was not
displayed for at least the Guaranteed Display Time, (ii)
equitably extend the Advertising Period of this Contract at the
contracted location or a replacement location of equal value, or
(iii) issue to Advertiser a pro-rated credit for advertising
services equivalent to the period for which copy was not
displayed for the Guaranteed Display Time. The Advertiser
hereby expressly waives all other remedies at law or equity,
and the Company shall have no other liability to the Advertiser
as a result of any failure to display the copy for at least the
Guaranteed Display Time. In addition to the foregoing, the
Company shall have the right at any time to preempt the
display of copy in order to utilize the Digital Sign(s) for public
service messages in connection with (i) an Amber Alert, or (ii)
at the request of any Federal, State or local authority, any
public emergency (including but not limited to emergencies
related to homeland security) (an “Emergency Interruption”).
In such event, the Company shall not be in breach of this
Contract and the Company shall have no liability to the
Advertiser pursuant to the preceding paragraph or otherwise
as a result of any such Emergency Interruption. The
Advertiser hereby expressly waives any remedies at law or
equity to which the Advertiser might otherwise be entitled as a
result of such Emergency Interruption. For the purposes of the
provisions hereof pertaining to the display of advertising on a
Digital Sign, “copy” shall be deemed to mean any
advertisement displayed on such sign whether the same is
animated, static or otherwise, specifically including, but not
limited to, streaming content or digital images, as applicable.
12. Agency/Advertiser hereby represents, warrants and
confirms that it is aware of the requirements of 18 U.S.C.
§§ 2257-22574 and that it fully complies with them either by
certifying to the U.S. Attorney General, in the form required by
28 C.F.R. § 75.9, that Agency/Advertiser collects and
maintains individually identifiable information relating to
models used in the advertisement to be displayed pursuant to
the terms hereof (including but not limited to their names,
addresses, and dates of birth) in accordance with applicable
Federal and/or State tax and labor or other law, or that
Agency/Advertiser creates, maintains, cross-indexes and
makes available for inspection records as required by 28 C.F.R.
§§ 75.2-75.5. Upon request, Agency/Advertiser will provide
Company with proof of its compliance.
13. If the advertising copy concerns a political, religious
or social issue, the Advertiser and Agency shall not make any
press release or other public announcement or media outreach
regarding this Agreement or the related advertising copy that
refers to the Company without the Company’s express prior
written consent (which consent may be granted or denied in
the Company's sole discretion), except as required under
applicable law, in which case Advertiser shall obtain the
approval of the Company as to the form, nature and extent of
the press release, public announcement or media outreach
prior to issuing the press release or making the public
announcement.
Acknowledged and Agreed to by:
Advertiser: Company:
