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1. Advertiser/agency understands that all frequency discounts are based on the advertiser’s/agency’s commitment to fulfilling the frequency selected. If, for any reason, this frequency is not met, advertiser/agency agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown and the rate earned based on the applicable rate card for the actual frequency completed.
2. Copyrights for graphics, text, audio and video materials, or combinations of these materials remain the property of the copyright holder(s). Xelocast shall not be held liable for unauthorized usage of copyrighted material or the Advertiser’s/agency’s failure to pay license fees or royalties, and renewals of the same.
3. The Advertiser/agency agrees to indemnify and hold harmless Xelocast against any and all claims, costs, and expenses, including attorney’s fees, due to materials submitted to Xelocast by the Advertiser/agency.
4. Advertiser/agency will receive a draft script by e-mail. Advertiser/agency agree to make changes, as necessary and without substantially lengthening the script, and return by the date indicated. Xelocast shall not be liable by any reason of error, for which it may be responsible, beyond replacement of commercials and banners in which any errors occur. The Advertiser/agency recognizes its shared responsibility to meet deadline obligations, leaving ample time to proof and approve all materials. If Advertiser/agency fails to either proof or approve material prior to deadline or extend deadline, production will either cease or continue at the Advertiser’s/agency’s own risk, at the discretion of Xelocast. In the case of the latter, Xelocast shall assume no liability for errors or omissions in those materials.
5. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such party. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communications line failure, power failures, earthquakes or other disasters.
6. Cancellation or any additions or modifications to this Agreement must be submitted in writing and approved by both Advertiser/agency and Xelocast in writing. Either the Advertiser/agency or Xelocast may terminate the services, or a portion of services, envisioned by this Agreement upon 30 days advance written notification. Xelocast shall be paid for all services performed through the date of receipt of the Cancellation notice.
7. Commercials or banners may be pre-empted at anytime depending on availability, public emergency, necessity or any other reason. In the event commercials or banners are pre-empted, Xelocast will provide “make-ups” of equivalent value and exposure.
8. Xelocast reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted, or broadcast/published. Xelocast’s liability shall be limited to the pro-rata reduction in charges.
9. Advertiser/agency agrees to furnish materials of suitable quality and content, as determined by Xelocast in its sole discretion.
189 Ward Hill Avenue, Ward Hill, MA 01835
telephone: 978.374.2111 • fax: 978.521.4636
web: www.Xelocast.com |