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First Name
Last Name
Title
Company
Address
Address (continued)
City
State
Zip Code
Email
Phone Number
Fax Number
What Type Of Business do you have?
Advertising/Marketing
Automotive
Bar/Nightclub
Beach Rental Gear
Boats/Water Sports
Builder/Contracting
Building Supplier
Computer/Technology
College/University
Decorating Services
Entertainment
Financial Services
Florist
Furniture
Healthcare/ Provider
Hotel/Motel
Legal
Mobile/Telecommunications
Real Estate
Restaurant
Retail
Sports & Recreation 
Vacation Rental Company

Other
Monthly Media Budget ( $)
Current Forms of Advertising
Cable Television
Newspaper
Outdoor/Billboard
Magazines
Mobile Truck 
Radio
Television
Vacation Books
Tourist Publications
Web Banners/ Links
Do you handle your own media placement?
Yes No
If not, do you have a advertising/marketing agency?
Yes No
Contact Information for Agency?
Name
Phone
Email
TERMS AND CONDITIONS


Customer will pay Company in full for Company's advertising services in accordance with the attachment hereto entitled "Advertising Placement Options" and the fee schedule appearing below the signature lines at the end of this Agreement. Notwithstanding any other remedies available to Company, a late payment charge of 1.5% per month will be added to all past due amounts. Pricing discounts are available to Customer only if Customer does not cancel this Agreement prior to the end of the Term.

Company will provide advertising services to Customer by way of Digital Video Advertising Screens (DVASs) located in the Venues. The DVASs will display the Advertisements along with the advertisements of other customers. The Advertisements will be displayed at the Frequency. Each time the DVASs display the Advertisements, the Advertisements will be displayed for the Duration.

The purpose of the Agreement is to display the Advertisements in the Venues in a manner that will, subject to technical, legal, and/or host requirements, maximize viewing by potential customers. Customer and Company agree to perform this Agreement consistent with its terms and in a manner reasonably calculated to achieve this purpose. If any Venue becomes unavailable for display of the Advertisements or Company, in its reasonable discretion, determines that a change of Venue is needed, Company may change the Venue for Customer's Advertisements.

Company will procure the necessary licenses, rights, authorizations, and approvals to display the Advertisements in the Venues.

If Customer provides the content of the Advertisements, Company reserves the right to reject or modify the content of the Advertisements for offensiveness, aesthetic quality, technical requirements, or otherwise. Any costs associated with delivering the Advertisements to Company will be the responsibility of Customer.

Production services are not included in this Agreement, but are available for an additional charge. If Company provides production services, the product of such services will be subject to Customer's approval. Customer will provide Company with the materials necessary to develop Advertisements for Customer. Any costs associated with delivering these materials to Company will be the responsibility of Customer. Company reserves the right to use Advertisements it has developed in its own promotional and marketing material and for promotional and marketing purposes. Title and ownership of any invention or creative work developed by Company, whether capable of being copyrighted, trademarked, or otherwise, shall remain with Company. Any modification by Company on behalf of Customer of copyrightable material shall not be considered a "work made for hire" under United States copyright laws.

This Agreement shall be effective upon the execution of the Agreement by both parties, and billing for Advertising time shall commence ten (10) days after the execution hereof (the "scheduled distribution date").

The Advertisements will commence being displayed on the DVASs as soon as practical upon the latter of (i) the receipt of the Advertisements from Customer and approval by Company (in the case Customer provides the Advertisements), or (ii) submittal of the Advertisement to the Customer and Customer's approval of same (in the case Company produces the Advertisements). Customer is responsible to pay for all reserved time after the scheduled distribution date, regardless of when Advertisements actually commence being displayed, if Customer (i) does not provide the Advertisements to Company forty-eight (48) hours in advance of the scheduled distribution date (in the case Customer provides the Advertisement), or (ii) does not provide the materials necessary for Company to produce the Advertisements five (5) days in advance of the scheduled distribution date (in the case Company produces the Advertisements).

Once the Advertisements have been displayed for the Update Period, Customer may provide updated Advertisements or request that the Advertisements be updated. The updated Advertisements will begin to be displayed as soon as practical after receipt of (i) the updated Advertisements from Customer and approval by Company (in the case Customer provides the updated Advertisements), or (ii) submittal to the Customer and Customer's approval of the same (in the case Company produces the updated Advertisements).

Company shall have complete and exclusive control over the means and methods of achieving the services listed in this Agreement. Company may delegate, assign, or subcontract any of its responsibilities or duties under this Agreement, including the entire Agreement itself.

It is understood that the DVASs may be temporarily out of service due to mechanical or electronic malfunctions, labor disputes, acts of God, and/or any other cause beyond the control of Company and Company shall not be liable in such events. Company will use its best efforts to keep the DVASs in service but shall not be liable to Customer for any service interruptions. If the Advertisements are not displayed at the anticipated time and Venues, Company will use reasonable efforts to display the advertisements at a subsequent time in the same or similar Venues.

Company makes no representation or warranty as to the effectiveness of the Advertisements or their placement.

Customer warrants and represents that any content or materials provided to Company does not violate any federal, state, or local laws, including but not limited to, any copyright, trademark, right to privacy, libel, or fair trade practices law.

Company shall in no way be liable to Customer for any claims arising from or related to the Advertisements provided or approved by Customer or the content thereof displayed on the DVASs. Customer agrees to indemnify, defend, and hold harmless Company from and against any and all claims by third parties arising from or related to the Advertisements provided or approved by Customer or the content thereof. The provisions of this paragraph will survive any cancellation or termination of the Agreement.

A waiver by Company of a breach of any provision of this Agreement shall not constitute a waiver or prejudice Company's rights thereafter to demand strict compliance with this Agreement and any and all provisions herein.

Customer shall not assign or in any way dispose of all or part of its rights or obligations under this Agreement without the prior written consent of Company.

Customer shall be in default under this Agreement if Customer breaches or fails to comply with any warranty, representation, or covenant contained in this Agreement, or if Customer discontinues its business, becomes insolvent, or becomes a debtor in any bankruptcy or insolvency proceeding. In the event of any such default, Company shall have the right, in its sole discretion, to terminate this Agreement; provided, however, that termination by Company does not impair any other rights or remedies Company may have, including recovery of damages.

Customer acknowledges and agrees that Company makes no warranty or representation with respect to the DVASs and related equipment, their operation or their condition. Company makes no implied warranty of merchantability or fitness for a particular purpose.

This Agreement shall not be construed as creating any kind of joint venture. This Agreement shall not be construed as creating any fiduciary relationship or fiduciary duty on the part of either party.

Nothing in this Agreement prohibits Company from soliciting and accepting business from other customers and advertisers including competitors of Customer.

Company shall have no responsibility, obligation, or duty beyond those specifically expressed in this Agreement. No duties or obligations of Company shall be implied or inferred from this Agreement. Customer's sole remedy for any breach by Company of any term or condition of this Agreement shall be termination of this Agreement. In no event shall Company be liable or responsible for special, indirect, nominal, or consequential damages or lost profits, even if Company has been advised of the possibility of such damages.

Any modification of this Agreement must be in writing, signed by both parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

Any suit, arbitration, action, or proceeding relating to this Agreement shall be filed and maintained only in the appropriate forum in Wake County, North Carolina, and each party hereby waives any and all defenses relating to venue and jurisdiction.

If any suit or action is instituted by Company to enforce any of the terms of this Agreement, Company shall be entitled to recover its legal costs from Customer, including court costs, arbitration costs, mediation costs, and reasonable attorney fees and expenses.

This Agreement constitutes the entire agreement between the parties with respect to its subject matter. There are no other promises, representations, terms, conditions, or obligations other than those contained herein with respect to its subject matter. This Agreement supersedes all prior communications, representations, or agreements, oral or written, between the parties with respect to its subject matter and shall not be modified except in writing signed by the party to be charged therewith.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be deemed null and void without invalidating the remaining provisions hereof.

The terms and conditions of this Agreement are binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and permitted assigns of the parties hereto.

I agree to the above terms and conditions.