1. FEES AND COMPENSATION
(a) Advertisements are placed as part of the companies service. The company receives a monthly subscription fee from the customer for the purpose of placing advertisements and compiling pricing quotes.
(b)Customer pays a percentage of the amount of savings over ratecard on each ad placed. This amount is less than or equal to 15% of the difference between ratecard and amount paid by customer.
(c) Payment for market research is paid at an hourly rate of $75.00 per hour billed in advance. All information gathered is the property of the company and becomes property of advertiser upon receipt of payment. Refer to section 4 for further information.
(d) Any fees due for securing all rights, licenses, releases and consents required in connection with the commercial announcements including, but not limited to, copyright performance and music synchronization rights with regard to all materials including, but not limited to video, audio, script and talent is the responsibility of the Advertiser. All fees for items listed above in this subsection are to be paid upon demand.
2. BILLING AND PAYMENTS
(a) Payment shall be made in advance of date of advertising run. Credit is not offered by company to customers. All credit would be issued by advertising mediums only direct to customer.
(b) Invoices shall contain information with regard to the product type, quantity, length, rate, network and any additional information about the Advertiser. Additional charges other than for run of commercial announcements may be itemized on a separate invoice.
(c) Affidavits, when requested by Advertiser, shall state dates and times taken from the official log maintained by the advertising medium. When certified by the advertising medium, such excerpts from the official log shall be the affidavits of performance and act as proof of performance. The company is not held liable for erroneous information that may be provided by the advertising medium.
(d) All membership agreements are for a length of time no shorter than twelve (12) months. Monthly membership fees must be paid until the minimum membership length of time is completed. Any member that defaults on the monthly membership fee will be billed within fifteen (15) days of default for the remaining amount owed to satisfy the contract obligations. Any member that exceeds thirty (30) days past due for the membership fee will be forwarded to a collection agency for the purpose of collecting membership dues, fees and any additional cost incurred in the collection process by the company.
3. PROGRAM AND COMMERCIAL MATERIAL
(a) Unless otherwise noted, all materials for commercial announcements shall be furnished to the Company by Advertiser. Advertiser shall be responsible, at its sole expense, for securing all rights, licenses, releases and consents required in connection with the commercial announcements including, but not limited to, copyright performance and music synchronization rights with regard to all materials including, but not limited to video, audio, script and talent furnished by Advertiser or materials which the Company is directed by Advertiser to use. Company reserves the right to reject or edit any such materials. All expense connected with the delivery of commercial announcements to the Company, and with return therefrom, if return is directed on the Work Order, shall be paid by Advertiser. Advertiser shall deliver commercial announcements and scheduling instructions to the Company at least 14 days in advance of the scheduled run dates or earlier if required by advertising medium.
(b) If such announcements and instructions do not arrive at the Company 17 days before the start date, the Company will use reasonable efforts to insure prompt delivery to advertising medium, despite late delivery from Advertiser, but shall not be liable for late start dates due to late delivery by Advertiser.
(c) Notwithstanding anything in this agreement to the contrary, commercial announcements provided by Advertiser are subject to the Company approval and advertising medium restrictions. Company retains a continuing right to reject any commercial material submitted by Advertiser, including but not limited to, the right to reject for unsatisfactory technical quality or objectionable or unlawful content, as determined by the Company in its sole discretion. If any commercial announcement is unsatisfactory, the Company shall notify Advertiser, and unless Advertiser furnishes satisfactory material in a sufficient amount of time in advance of start date as determined by the Company, the Company may bill Advertiser for the advertising run reserved for advertiser by advertising medium.
(d) At advertisers request the company will provide production for any form of advertising including but not limited to print, website, television, radio, billboard, layout and design. All expenses incurred in the creation are the responsibility of the advertiser and are held to the terms and conditions set forth in this agreement.
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4. PROPOSAL INFORMATION AND RATES
(a) All information provided to the advertiser by the company is the sole possession of the company. This includes but is not limited to rates, run dates, specials, phone numbers, advertising mediums, contacts, creative concepts, designs, production and any ancillary information given use by the company in representation of the advertiser. Any use of the information without the express consent of the company is prohibited. All material is the creative and intellectual property of the company and any expenses incurred in the protection of this property is the responsibility of the advertiser in the event that legal action is required.
5. WARRANTIES
(a) When Advertiser provides commercial production; advertiser warrants and represents that all music composition, copy or other materials used in connection with the run does not infringe the copyright, ownership or authorship of any third party. All advertising shall be free and clear for run without further payment of copyright or other fees or obtaining any consents or approvals. Advertiser warrants and represents that the content of all materials complies with all federal, state, and local rules and regulations of the Federal Trade Commission.
(b) Company hereby disclaims any and all warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose or other warranties arising by usage of trade, course of dealings or course of performance. Without limiting the foregoing, Company specifically disclaims any warranties relating to the effectiveness of any advertisements run pursuant to this agreement and specifically disclaims any warranties relating to the number of households reached.
6. GENERAL
(a) This agreement is in effect from the date of acceptance by registration of an account with buyadsdirect.com. All information granted to the advertiser remains property of the company even if agreement is cancelled.
(b) Company obligations hereunder are subject to the terms and conditions of licenses held by the parties hereto and are also subject to all federal, state, and municipal laws and regulations now enforced or which may be enacted in the future.
(c) This agreement, including the rights under it, may not be assigned or transferred by Advertiser without first obtaining the consent of the Company in writing. Failure of the Company or Advertiser to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision.
(d) Company shall exercise normal precautions in handling of property and mail, but assumes no liability for loss or damage to commercial material and other property furnished by Advertiser hereunder. Company will not accept or process mail, correspondence, or telephone calls in connection with run of commercial announcements hereunder.
(e) All production materials provided by the Company and used in program and commercial announcements are and remain the exclusive property of the Company unless specifically noted or in an agreement for production services between the Company and Advertiser.
(f) This agreement contains the entire agreement between the parties relating to the subject material herein contained, and no change or modification of any of its provisions shall be effective unless made in writing and signed by both parties.
(g) This agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the Company is located.
Abusiveness/Vulgarity
Advertising may not, directly or by implication, be vulgar, obscene, profane, contain pornographic images, subject matter, pornographic or sexual content whether expressed or implied, or nudity. Nor may advertising be threatening, abusive, harassing or hateful (racially, ethnically or otherwise) or objectionable towards any group, religion, organization or other injured party. Ads found to be in these manner will be immediately denied and billing for time by company to advertiser could apply.
Alcoholic Beverages
Advertisements for hard liquor or distilled spirits, this is any non-malt based product or product such as beer or wine, are on a case by case basis. Advertisers may promote beer and wine, subject to federal, state and local laws, Federal Communications Commission, Bureau of Alcohol, Tobacco and Firearms, television broadcast and other applicable guidelines. Among other things:
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Advertisements may not feature any actor depicting, eluding to or consuming any alcoholic beverage.
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Advertisements may not encourage excessive consumption or the use of alcohol by minors.
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Where required by law, advertisements must disclose the name and city of the brewer, producer, packer, wholesaler or reporter responsible for its broadcast.
American and Foreign Country Flags
No Advertisement using or depicting the American Flag or the flag of any foreign county or state in a defamatory or inappropriate manner will not be accepted.
Availability of Products and Services
Advertisements for products will only be accepted if the product or service is available in that market at time of commercial run. If the product is being marketed through a national media outlet, then the product must be available to a minimum of 85% of the intended advertising market.
Children
Advertisements directed to children must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the Self-Regulatory Guidelines for Children's Advertising of the Children’s Advertising Review Unit of the Better Business Bureau. All ads featuring any activity in a manner not consistent with the safety guidelines as set by the community, nation or state where the marketing is directed towards children will not be accepted until an editing of that segment is complete. This does not apply to commercials not directed at children that feature any visual warning as to the skill level of the person involved in the commercial. A copy of Self-Regulatory Guidelines for Children's Advertising may be found at http://www.caru.org/guidelines/index.asp.
Claim Substantiation
Advertising claims must be substantiated with valid and reliable research or support. This could include data, reports, expert testimonies and other forms of proof as directed by the Standard’s and Practices Department on a case by case basis. Claim substantiation must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the FTC Policy Statement Regarding Advertising Substantiation that may be found at http://www.ftc.gov/bcp/guides/ad3subst.htm.
Comparative Advertising
Advertisements comparing products or services may not distort or exaggerate differences or otherwise create a false, deceptive or misleading impression. Comparative advertisements must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the FTC Statement of Policy of Comparative Advertising that may be found at http://www.ftc.gov/bcp/policystmt/ad-compare.htm.
Contests and Sweepstakes
Buyadsdirect.com must approve all commercials or ads depicting contests or sweepstakes prior to media placement. Contest that involve consideration, a non state run lottery or other forms not allowed by local, state or federal laws will not be accepted.
Contraceptives/ Sexual Products
Advertisements for condoms, male enhancement, erectial dysfunction, contraceptive methods and devices are subject to prior review by Buyadsdirect.com and must comply with all federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines. No ads for any business or entity, which deals in pornographic materials or images, will be accepted.
Demonstrations, Dramatizations, Re-enactments and Simulations
Advertisements that include demonstrations, dramatizations, re-enactments, simulations, tests, experiments or other technical, mechanical, electronic or chemical exhibitions, must comply with all federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines. Paid endorsements, celebrity endorsements or testimony given by an outside source or employee of the advertiser must include the word paid actor, or endorsement or testimonial depending on the design or concept of the ad.
Dietary and Nutritional Supplements
Advertisements related to dietary supplements must comply with federal, state and local laws, Food and Drug Administration, Federal Trade Commission, television broadcast and other applicable guidelines, including the Dietary Supplement Health and Education Act (see http://www.fda.gov/opacom/laws/dshea.html) and the FTC Statement on Dietary Supplements (see http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm)
Endorsements and Testimonials
All endorsements and testimonials must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the FTC Statement on Endorsements and Testimonials that may be found at http://www.ftc.gov/bcp/guides/endorse.htm.
Financial Advertising
Advertising for banks, funds, stocks, bonds, commodities, insurance, real estate, and other investments must disclose all material restrictions, risk factors and qualifications and must comply with federal, state and local laws, Securities and Exchange Commission, television broadcast and other applicable guidelines, including, for instance, regulations promulgated by applicable professional or trade groups.
Firearms and Ammunition
Advertisements for firearms or ammunition must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines
Food
Advertisements may not overstate or exaggerate the nutritional value of foods. Health claims, including claims of food being "nutritious" or "healthy" must be substantiated and in the context of a total diet. All food advertisements must comply with federal, state and local laws, Food and Drug Administration, television broadcast and other applicable guidelines, including the provisions of the Nutrition Labeling and Education Act of 1990, details of which can be found at http://www.fda.gov/ora/inspect_ref/igs/nleatxt.html.
Guarantee and Warranty Offers
All guarantees and warranties must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines.
Health- and Medical-Related Product Advertising
Advertisements related to health and medical products and services (including drugs) must comply with federal, state and local laws, Food and Drug Administration, Federal Trade Commission, television broadcast and other applicable guidelines. The FDA and broadcasters have strict guidelines, which include, among other things.
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For Prescription Drugs:
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Advertisements must contain warning and/or side effects information;
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The phrases "Available only by prescription" and/or "Use only as directed by your physician" must appear visually within the advertisement.
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Use of the product may not be depicted on-camera.
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For Nonprescription Drugs and Over-the-Counter Medical Devices:
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A prohibition against claims that the product alone will affect a cure;
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Absent sufficient qualification or documentation, terms such as "safe," "without risk," "harmless," or terms of similar meaning may not be used;
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Advertising appeals may not be made to children;
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The phrase "Use only as directed" must appear visually within the advertisement.
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Statements From The Medical Profession:
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Health-related professionals may not appear in commercials for a health care product or service, other than promoting their own service without the following information provided to advertiser and company. This includes, but is not limited, to a copy of their credentials including but not limited to degrees, licenses, appointments or other documentation advertiser must retain a copy and a similar copy must be supplied to Company for retention.
Mail Order, Telephone, Internet, and Direct Response Advertising
All mail order, telephone, Internet and direct response advertising must comply with federal, state and local laws, Federal Trade Commission, television broadcast and other applicable guidelines, including the FTC Mail or Telephone Order Merchandise Rule that may be found at http://www.ftc.gov/bcp/conline/pubs/buspubs/mailrule.htm.
Nudity/Pornography
Advertising may not, directly or by implication, be vulgar, obscene, profane, pornographic or contain nudity. Also see "Abusiveness/Vulgarity."
"900" Number and Other Pay-Per-Call Services
Buyadsdirect will review each on a case by case basis only. Any 900 number or other service related under this heading is subject to applicable rules as set forth in this terms and conditions.
Obscenity
Advertising may not, directly or by implication, be vulgar, obscene, profane, contain pornographic images, subject matter, pornographic or sexual content whether expressed or implied, or nudity. Nor may advertising be threatening, abusive, harassing or hateful (racially, ethnically or otherwise) or objectionable towards any group, religion, organization or other injured party. Ads found to be in these manner will be immediately denied and billing for time by company to advertiser could apply.
Personal Products
Advertisements for personal products (such as feminine hygiene products, home pregnancy tests, home HIV tests, adult diapers, STD medications) must follow television network and station guidelines.
Prohibited Commercial Presentations and Techniques
Buyadsdirect.com prohibits advertisements that, among other things:
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Make claims or representations that are false or tend to deceive, mislead, or misrepresent;
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Offer unsupported or exaggerated promises of earnings;
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Give unqualified safety references, if the product’s package, label or insert contains a caution, or the normal use of the product presents a possible hazard.
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Use "Bait and Switch" tactics that promote goods or services not intended for sale but designed to lure the public into purchasing substitute goods or services;
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Make direct or implied use of government officials or any government body without official approval.
Safety
Advertisers must assure compliance with normal safety precautions. In advertisements with children or other non adult age demographics the actors must meet all safety standards as required by local, state or federal law. (ie. Ads showing skateboarders must include helmets, knee pads, and elbow pads) Ads depicting any unsafe behavior must include the professional status of the actor or person involved in the advertisement.
Supers
When superimposed copy is used, it must be displayed clearly and conspicuously.
Tobacco/Cigarettes
Advertising for cigarettes, cigars, pipe tobacco, tobacco paraphernalia and smokeless tobacco will not be accepted.
Because standards and practices are continually evolving and vary from medium to medium and from region to region, remember that it is always your sole responsibility to ensure that your advertisement conforms to all applicable laws, rules and regulations. Buyadsdirect.com and the advertising medium has the right to reject or require revisions to Advertiser Content for any reason whatsoever, whether or not set forth expressly in these Terms and Conditions. It is the responsibility of the advertiser to insure that all laws, rules and regulations are met in regards to the ad being broadcast, produced, printed or seen in any form. Any ad, which does not comply with federal, state and local laws, Federal Trade Commission and other governmental agency, television, broadcast and other applicable rules, regulations and guidelines will not be charged against the company. Delays due to the advertisement not meeting the standards and practices as set forth by the advertising medium are the responsibility of the advertiser and does not exempt the advertiser from obligations, whether financial or any other obligation as set forth by any agreement for ad placement. Delays in start dates, run times or missed ad dates are the responsibility of the advertiser and in no way is the cost, loss or damage the responsibility of Buyadsdirect.com or its parent company Atlantient Corporation. Airing of your ad in no way constitutes Buyadsdirect.com approval of your ad, your Advertiser Content, or your use of the ad.
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