Guaranteed Advertising Clause Samples
The Guaranteed Advertising clause ensures that a specified amount of advertising space, impressions, or placements will be provided to an advertiser by the publisher or media owner. In practice, this means the advertiser is assured their ads will appear a minimum number of times or reach a certain audience threshold, regardless of fluctuations in traffic or inventory. This clause is essential for advertisers seeking predictability and accountability in their campaigns, as it mitigates the risk of under-delivery and helps both parties set clear expectations for performance.
Guaranteed Advertising. Notwithstanding Section 11.1, and subject to Section 11.3, Licensee guarantees that it will provide to Licensor an amount of advertising on the Networks and Stations for each calendar year commencing with 2011 (the “Televisa Advertising”) with a gross value of not less than $62,112,200, subject to adjustment as set forth below (with respect to each calendar year, the “Guaranteed Base Advertising Amount”), and an additional amount of Televisa Advertising on the Networks and Stations with a gross value of not less than $7,500,000 (with respect to each calendar year, the “Guaranteed Additional Advertising Amount” and, together with the Guaranteed Base Advertising Amount, the “Guaranteed Advertising Amount”), for use by Licensor or its Affiliates at no cost for promotion of any of their businesses; provided, that Licensor and its Affiliates may not use such unsold inventory for promotion of (a) any Linear Television Channel in the Territory; or (b) the availability of Pantelion Movies on any Linear Television Channel or video-on-demand service that competes with any Linear Television Channel or video-on-demand service owned or controlled by Licensee (it being understood and agreed that use of such inventory by Licensor or its Affiliates for any purposes other than those restricted by this proviso shall be permitted, including promotion of any other businesses that may be competitive with businesses of Licensee). Starting on January 1, 2012, the Guaranteed Base Advertising Amount will be adjusted on the first day of each fiscal year in the Term based on the percentage increase from the prior fiscal year in the consumer price index published by the U.S. Bureau of Labor Statistics. For example, if such index increases by three percent (3%) during fiscal year 2011 and by another three percent (3%) during fiscal year 2012, then the Guaranteed Base Advertising Amount shall be $63,975,566 for 2012 and $65,894,833 for 2013. Licensee may be required to satisfy this Guaranteed Advertising Amount by allowing Licensor to use commercial time that Licensee or its controlled Affiliates would otherwise be entitled to use for its own purposes or to sell to third parties under Sections 11.1(a) and (b). The parties acknowledge and agree that the portion of the Televisa Advertising that Licensee agreed to provide to Licensor pursuant to the Third Amended and Restated Program License Agreement took into account the settlement provided for in the Mutual Release and Settlement Agree...