Advertising Traditional Media Agreement Form
Advertising Traditional Media Agreement Form
This Advertising Traditional Media Agreement ("Agreement") is entered into as of [Month Day, Year], ("Effective Date") by [Your Company Name] ("Advertiser"), with its principal place of business at [Your Company Address], and [Your Partner Company Name] ("Media Outlet"), with its principal place of business at [Your Partner Company Address]. This Agreement pertains to the advertising services provided by the Media Outlet to the Advertiser, encompassing the dissemination of advertisements through traditional media channels, specifically Television, during the agreed-upon campaign period.
1. Advertisement Details
1.1. The Advertiser must submit finalized advertisement content to the Media Outlet by the deadline specified in this agreement. The content should adhere to the format, dimensions, and technical specifications previously agreed upon.
1.2. All submitted advertisements must comply with the Media Outlet's content standards, including but not limited to restrictions on language, imagery, and themes. The Media Outlet retains the authority to reject any content that is deemed inappropriate, offensive, or otherwise not in line with its editorial guidelines.
1.3. In the event that submitted content does not meet the Media Outlet's standards, the Media Outlet reserves the right to request modifications from the Advertiser. The Advertiser will be provided with a detailed explanation of the reasons for rejection and will have a specified period to resubmit the revised content for approval.
1.4. By submitting advertisement content, the Advertiser affirms that they have the legal right to use all elements of the content, including text, images, and any trademarks or copyrighted material.
1.5. Once the advertisement content has been approved by the Media Outlet, it will be scheduled for publication according to the terms of this agreement. The Media Outlet will confirm the publication date(s) and provide the Advertiser with any relevant details regarding the placement and presentation of the advertisement.
2. Payment Terms
The total cost of the advertising services is outlined below. Payment shall be made according to the schedule specified therein. Invoices will be sent to the Advertiser by the fifth (5th) of each month, and payment is due within fifteen (15) days of receipt.
Payment Schedule:
|
Milestone |
Amount |
Due Date |
|---|---|---|
|
Initial Payment |
$5,000 |
[Month Day, Year] |
|
Mid-Campaign Payment |
||
|
Final Payment |
3. Cancellation And Termination Provisions
3.1. Either party may terminate this Agreement by providing written notice to the other party in the event of a material breach of obligations. Such notice shall clearly identify the breach and, where feasible, offer an opportunity to remedy said breach within a specified timeframe.
3.2. Upon termination of this Agreement by either party for any reason other than the Media Outlet's breach, the Advertiser agrees to pay a cancellation fee equivalent to twenty-five percent (25%) of the total value of the contract. This fee compensates for the preparatory work performed and the opportunity costs incurred by the Media Outlet.
3.3. Termination of this Agreement for any reason shall not affect the accrued rights and liabilities of either party up to the date of termination, nor shall it affect the continuation of any provision expressly or by implication intended to survive termination.
4. Intellectual Property Rights
4.1. The Advertiser retains all rights, title, and interest in and to the intellectual property rights of the advertisement content provided to the Media Outlet.
4.2. For the purpose of fulfilling its obligations under this Agreement, the Advertiser grants the Media Outlet a non-exclusive, worldwide license to use, reproduce, distribute, and display the advertisement content. This license is strictly limited to the term of the Agreement and the purposes outlined herein.
5. Indemnification And Liability
5.1. The Advertiser agrees to indemnify, defend, and hold the Media Outlet harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from the content of the advertisement or any breach of this Agreement by the Advertiser.
5.2. Except in cases of gross negligence or willful misconduct, neither party shall be liable to the other for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to this Agreement, even if advised of the possibility of such damages.
6. Confidentiality
6.1. Both parties agree to maintain the confidentiality of all non-public information obtained during the term of this Agreement and to use such information solely for the purposes of fulfilling their respective obligations under this Agreement.
6.2. Confidential information does not include information that is publicly known, independently developed, or rightfully received from third parties outside of this Agreement.
7. Governing Law And Dispute Resolution
7.1. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law.
7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the [Arbitration Institution] in accordance with its rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
8. Miscellaneous Provisions
8.1. Neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, terrorism, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond their control.
8.2. Any amendments to this Agreement must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Advertising Traditional Media Agreement as of the Effective Date.
Advertiser:
[Your Name]
[Job Title]
[Your Company Name]
[Month Day, Year]
Media Outlet:
[Name]
[Job Title]
[Your Partner Company Name]
[Month Day, Year]
