Common use of PROGRAM AND COMMERCIAL MATERIAL Clause in Contracts

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract, all advertising shall be furnished by STATION, excluding content and material, which shall be furnished by AGENCY or ADVERTISER. All expenses connected with the delivery of advertising to STATION, and with return therefrom, if return is directed, shall be paid by AGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished advertising material and/or scheduling instructions do not arrive 72 hours in advance of advertising date. If such material and instructions do not arrive at the STATION within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY or ADVERTISER shall not furnish to STATION any advertising material in violation of the Entercom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Blocked Ads List and no substitute ad is provided, STATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality or content. In the event advertising material is unsatisfactory, STATION shall have the right to substitute its own material at no penalty to AGENCY or ADVERTISER. In the event the commercial material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION.

Appears in 1 contract

Samples: Advertising Agreement

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PROGRAM AND COMMERCIAL MATERIAL. (a) a. Unless otherwise noted on the face of in this contractAgreement, all advertising Material shall be furnished by STATION, excluding content and material, which shall be furnished by AGENCY Advertiser or ADVERTISERits Agency. All expenses connected with the delivery of advertising Material to STATIONWTVQ, and with return therefrom, if return is directed, shall be paid by AGENCY Advertiser or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video contentAgency. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished advertising material and/or b. If any Material and scheduling instructions do not arrive 72 seventy-two (72) hours in advance of advertising telecast date, WTVQ shall notify Advertiser or Agency as soon as possible. If such material the Material and instructions do not arrive at the STATION WTVQ within twentyforty-four eight (2448) hours after STATION has notified WTVQ’s notification, Agency and Advertiser shall nevertheless pay WTVQ the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) agreed amount for the time/advertising time reserved. STATION WTVQ will use exert all reasonable commercial efforts effort to broadcast/publish material received from AGENCY or ADVERTISER telecast Material despite late receipt. (c) With respect to banner advertising, AGENCY or ADVERTISER shall not furnish to STATION any advertising material in violation of the Entercom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Blocked Ads List and no substitute ad is provided, STATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) c. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCYAdvertiser’s or ADVERTISER’S Agency’s control, AGENCY or ADVERTISER the Material cannot provide advertising material be provided prior to the scheduled broadcast/publication telecast hereunder, AGENCY Advertiser or ADVERTISER Agency shall not be liable to STATIONWTVQ. In such event, STATION WTVQ shall suggest a substitute day and time period for broadcast/publication telecast of said advertising and/or program materialthe Material. If no such substitute day and time period is mutually agreed upon, STATION WTVQ shall credit AGENCY Advertiser or ADVERTISER Agency for the time and/or program charges hereunder in the amount of money assigned to the subject advertisingtime period and/or the program at the time of purchase. Advertiser or Agency shall have the benefit of the same discounts which would have been earned if the Material had been telecast. (e) Advertising material provided by AGENCY and ADVERTISER d. All Material is subject to approval WTVQ’s approval, and STATION WTVQ may exercise a continuing right to reject such materialany Material, including a right to reject for whether because of unsatisfactory technical quality or contentfor any other reason or for no reason. In the event advertising material a Program is unsatisfactory, STATION WTVQ shall notify Advertiser or Agency, and unless satisfactory Material is delivered to each station from which the Material is to be telecast at least seventy-two (72) hours in advance of telecast, WTVQ shall have the right to substitute its own material at no penalty to AGENCY or ADVERTISERprogram. In the event the commercial material a Commercial Announcement is unsatisfactory, STATION will attempt to WTVQ shall notify AGENCY Advertiser or ADVERTISER by telephone or email Agency, and unless AGENCY or ADVERTISER furnishes satisfactory material twentyMaterial is delivered to each station from which the Material is to be telecast at least forty-four eight (2448) hours prior to broadcast/publication telecast time, each station may substitute Public Service Announcements. STATION may bill AGENCY or ADVERTISER (as the case may be) In either event, Advertiser and Agency are still responsible for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receiptcontracted airtime charges. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION.

Appears in 1 contract

Samples: Conditions of Sale, Terms of Payment, Credit Policy and Advertising Policies

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract, all advertising program material and all commercial announcements shall be furnished by STATION, excluding content and advertising announcement material, which shall be furnished by AGENCY or ADVERTISER. All expenses connected with the delivery of advertising commercial announcements to STATION, and with return therefromthere from, if return is directed, shall be paid by AGENCY or ADVERTISER. In the event STATION furnishes or produces the advertisingcommercial announcement, STATION shall own all rights to such advertising announcement and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video contentthe actual recording. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished advertising program or commercial material and/or and scheduling instructions do not arrive 72 hours in advance of advertising date. If such material and instructions do not arrive at the STATION within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising time reserved. STATION will use exert all reasonable commercial efforts effort to broadcast/publish broadcast material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY or ADVERTISER shall not furnish to STATION any advertising material in violation of the Entercom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Blocked Ads List and no substitute ad is provided, STATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or ADVERTISER cannot provide advertising commercial and/or program material prior to scheduled broadcast/publication broadcast hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication broadcast of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the time and/or program charges hereunder in the amount of money assigned to the subject advertisingtime period and/or program at time of purchase. AGENCY or ADVERTISER shall have the benefit of the same discounts which would have been earned if the advertising announcement and/or program had been broadcast. (ed) Advertising material provided by AGENCY and ADVERTISER is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality or content. In the event advertising program material is unsatisfactory, STATION shall have the right to substitute its own material program at no penalty to AGENCY or ADVERTISER. In the event the commercial material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION broadcast time this contract may bill AGENCY or ADVERTISER (as be terminated by either party without penalty to the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receiptother. (fe) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION.

Appears in 1 contract

Samples: Advertising Agreement

PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract, all advertising shall be furnished by STATION, excluding content and material, which shall be furnished by AGENCY or ADVERTISER. All expenses connected with the delivery of advertising to STATION, and with return therefrom, if return is directed, shall be paid by AGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished advertising material and/or scheduling instructions do not arrive 72 hours in advance of advertising date. If such material and instructions do not arrive at the STATION within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY or ADVERTISER shall not furnish to STATION any advertising material in violation of the Entercom Audacy Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Audacy Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Audacy Blocked Ads List and no substitute ad is provided, STATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality or content. In the event advertising material is unsatisfactory, STATION shall have the right to substitute its own material at no penalty to AGENCY or ADVERTISER. In the event the commercial material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION.

Appears in 1 contract

Samples: Advertising Agreement

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PROGRAM AND COMMERCIAL MATERIAL. (a) Unless otherwise noted on the face of this contract, all advertising shall be furnished by STATION, excluding content and material, which shall be furnished by AGENCY or ADVERTISER. All expenses connected with the delivery of advertising to STATION, and with return therefrom, if return is directed, shall be paid by AGENCY or ADVERTISER. In the event STATION furnishes or produces the advertising, STATION shall own all rights to such advertising and the copy and content contained therein, including without limitation all copyrights, the creative concept contained therein, and any display, audio and/or video content. (b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or ADVERTISER furnished advertising material and/or scheduling instructions do not arrive 72 hours in advance of advertising date. If such material and instructions do not arrive at the STATION within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (c) With respect to banner advertising, AGENCY or ADVERTISER shall not furnish to STATION any advertising material in violation of the Entercom Starcom Blocked Ads List, as modified by Station from time to time. A copy of the most recent Entercom Starcom Blocked Ads List is available upon request. If any AGENCY or ADVERTISER banner ad violates Entercom Starcom Blocked Ads List and no substitute ad is provided, STATION may bill AGENCY or ADVERTISER (as the case may be) for the ad space reserved. (d) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or ADVERTISER cannot provide advertising material prior to scheduled broadcast/publication hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such event, STATION shall suggest a substitute day and time period for broadcast/publication of said advertising and/or program material. If no such substitute day and time period is mutually agreed upon, STATION shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to the subject advertising. (e) Advertising material provided by AGENCY and ADVERTISER is subject to approval and STATION may exercise a continuing right to reject such material, including a right to reject for unsatisfactory technical quality or content. In the event advertising material is unsatisfactory, STATION shall have the right to substitute its own material at no penalty to AGENCY or ADVERTISER. In the event the commercial material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or email and unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours prior to broadcast/publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for the time/advertising reserved. STATION will use reasonable commercial efforts to broadcast/publish material received from AGENCY or ADVERTISER despite late receipt. (f) In the event STATION provides copy and/or production services to ADVERTISER all rights to such copy, production and any audio and /or video recordings thereof shall be and remain the sole and exclusive property of STATION and ADVERTISER’s permitted use thereof shall be limited to advertising on the STATION.

Appears in 1 contract

Samples: Advertising Agreement

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