Sponsorship
Terms & Conditions
1. Materials will not be returned to Advertiser unless specifically requested by Advertiser. Materials will be discarded after six (6) months.
2. Payment with order except for LamarTV members, who may receive 30-day terms. Payment in full is due within thirty (30) days of the initial invoice date. Advertising privileges will be suspended on accounts over 90 days past due. All expenses and legal fees incurred in collecting outstanding invoices will be paid by the Advertiser. LamarTV reserves the right to require payment in advance of publication.
3. Advertiser shall submit to LamarTV all advertising and materials not later than two (2) days prior to air time. When no other copy is provided by Advertiser by the closing date, LamarTV may insert previous advertisement from LamarTV. Insertion orders are binding after closing dates. Cancellations must be received no later than 5 days after the Time Reservation Due date. Advertisers canceling after this date will be billed for space ordered. No cancellations are accepted after closing dates without written agreement from LamarTV.
4. LamarTV reserves the right to reject any advertisement at any time after receipt of proof of text, copy and/or illustrations and videos, even though a prior similar order may have been approved. LamarTV shall have the right to omit any advertisement when the space allotted to advertising has been filled. Unintentional or inadvertent failure to produce advertising invalidates the insertion order for that contract only. Failure of LamarTV to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall LamarTV be liable for damages thereof. In such event, Advertiser shall have the option of having such advertisement aired in a future time frame under these Terms and Conditions or of having no charge for such advertisement not inserted. Advertisements already run shall be paid for at rates for the curren time. LamarTV reserves the right to require any advertising to be labeled "advertisement."
5. LamarTV shall not be liable for any damages for failure to fulfill an order for any reason whatsoever, including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, Advertiser’s sole remedies shall be those in paragraph 4 above.
6. Any specification or order for the use or non-use of any particular flight time or time frame where the advertisement is to be inserted shall be treated as a request only, and LamarTV shall not be obligated to comply with said request. In the event said request for specific aired time is granted, Advertiser shall pay an additional position charge.
7. Any taxes which may be imposed on any advertising shall be advanced by LamarTV on behalf of Advertiser, be billed to Advertiser and be due and payable immediately.
8. LamarTV reserves the right to cancel this Agreement at any time upon Advertiser’s failure to pay any bill when due.
9. In the event LamarTV must employ an attorney to collect sums due hereunder or to enforce compliance by Advertiser with any of the terms of this Agreement, Advertiser shall pay to LamarTV’s attorney’s fees and other costs incurred by LamarTV in connection with any legal actions and appeals thereof.
10. Advertisers will be short rated if, within a 12 month period from the date of the first insertion, they do not use the amount of space upon which their billing has been based.
11. Advertiser shall indemnify LamarTV and hold LamarTV harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against LamarTV on grounds alleging that any advertisement submitted hereunder by or on behalf of Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser agrees at Advertiser’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against LamarTV, provided that LamarTV shall promptly notify Advertiser with respect thereto. The Advertiser shall reimburse LamarTV for any amount paid by LamarTV in settlement of claims or in satisfaction of judgements obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs.
12. This writing contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties.
13. Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties hereto that they would have executed the remaining portion of this Agreement without including therein any such part, parts, or portion which may, for any reason, be hereafter declared invalid.
14. This Agreement shall be construed under the laws of The State of Colorado. Venue for any legal actions regarding this Agreement shall be in the State of Colorado.
15. LamarTV statement of policy regarding authors of copy and advertising featured on LamarTV’s videos and Speakers and Exhibitors at LamarTV meetings. LamarTV expects all LamarTV members and others featured as authors or advertisers in LamarTV’s videos, or exhibitors or speakers at LamarTV meetings to be in full compliance with the LamarTV Code of Standards & Ethics. The members reserves the right to refuse video of questionable material or advertisements in any of its videos, to prohibit or remove from its trade shows whole exhibits or any exhibit merchandise or materials of any kind that raise any issues of ethics and to refuse or cancel the appearance by any speaker determined to have advocated, been engaged in or associated with unethical conduct. All authors, advertisers, exhibitors and speakers appearing in LamarTV videos or meetings are hereby on notice of this policy and accept any invitations, agreements and contracts subject to it. As a consequence of this policy, all such persons or companies agree that their sole recourse against LamarTV for any exclusion pursuant to this policy shall be refund of monies paid for advertising or air time. Further, there shall be no claim for refund for air time where materials or merchandise excluded was incidental to the purpose of the video.
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