Contract Terms and Conditions
CLIQSTREET MEDIA Supplier Contract Terms
Agency = CliqStreet Media
Client = CliqStreet's Partner Agency or Client
Company = Media/Other Supplier
Agency or Client will deliver sufficient materials to Company to meet the needs of space contracted for herein.
Materials are property of Client. All materials, when not on display, must be held in storage until further instructions from Agency received.
The Company will install the advertising materials furnished by the Agency/Client in the market(s) and on the dates stipulated on the face of this contract. No changes in contracted dates or other terms are to be made by the Company without written notification to Agency and prior written approval by Agency.
All contracted advertising displays and structures will be kept in excellent condition throughout the term of this contract. Agency will be notified immediately if additional materials are needed.
All illuminated displays will be illuminated from sunset to midnight, unless otherwise specified on the face of this contract.
It is agreed and understood that should any display covered by this contract not be properly illuminated, for any reason whatsoever, according to OAAA industry standards, a credit of 25% of the display billing rate stipulated herein will be rendered to Agency.
If materials are delivered in a timely manner, but cannot be installed for any reason whatsoever, the Company will notify Agency immediately. Such a delay subjects this contract to immediate cancellation without penalty or short rate, at the option of Agency. The Company will take no further action without direct written approval from Agency.
Agency must be notified immediately of any changes or losses in the display(s) covered by this contract. Any such changes or losses, for any reason whatsoever, will subject this contract to immediate cancellation, without penalty or short rate, at the Agency's option.
In the event the advertising material is rejected by the Company or a third party which controls the display locations covered under this contract, the Agency will have no obligation to pay for the service for which the rejected material was intended and has the right to immediately terminate this contract without penalty or short rate.
The Company agrees to provide display specifications thirty (30) days prior to campaign start date of the campaign or as requested by Agency. The Company will be solely responsible for penalties or costs incurred if additional production is required due to late or incorrect specifications.
This Contract assumes that Company has legal approval to install advertising on structures(s) through permitting with local authorities and/or landlord.
In the event of legislation and/or administrative order prohibiting the advertising of the product(s) named herein through the use of this display, the Agency will have the right to terminate this contract without penalty or short rate. Contract termination will be effective on or before the date such legislation and/or administrative order shall become effective.
The Company agrees to indemnify and hold harmless Agency, Client/Advertiser and all their affiliates, employees and authorized representatives from and against all claims and demands for damages to person or property arising out of or in any manner connected with the performance of this contract.
Billing must be submitted monthly. All pro rata invoices and credits are to be computed on the basis of thirty (30) days to the month.
No competitive product is to be displayed on the same or adjacent location showing to the same circulation. All displays of competitive products must be spaced a reasonable distance away from the product scheduled under this contract. Any such adjacency will be considered a breach of contract.
This contract may be terminated at any time by Agency for any reason whatsoever by giving sixty (60) days’ advance written notice prior to any scheduled posting date without penalty or short rate. The contract may be terminated immediately by Agency in the event of Company's breach of its obligations under this contract.
Any and all disputes relating to this agreement, or breach hereof, shall be resolved by arbitration under the auspices of the American Arbitration Association at New York, NY according to the current rules. Cost of arbitration, including reasonable attorney's fees, shall be paid to the prevailing party.
Company acknowledges and agrees that Agency is entering into this Contract as agent on behalf of Client. Agency shall not be independently, nor jointly, liable for payments due to Company for the execution of this contract and is contracting solely on behalf of Client. Agency will remit payment to Company on the later of (70) days after the end of the insertion period or payment by Agency’s client. For amounts not paid to Company, Company will look solely to Client for payment. Any terms in invoices, documents or rate cards to the contrary are of no force or effect.
The terms and conditions herein supersede all previous understanding between the parties, including those that may be contained in any documents received from Company.
This contract is subject to New York law and may only be altered in writing and signed by all Parties.
This contract may not be altered in any manner without the prior consent of Agency and any alterations to this Agreement made without prior written consent are null and void.