CONTRACT / AGREEMENT
1. General. A signed contract must be submitted to PrideNation five days in advance of initial advertising date. By submitting advertising for inclusion on any PNN Network site or service advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on PNN unless specifically agreed to in writing by PNN. PNN will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser/agency. This contract supersedes all terms and conditions on PNN's rate cards, and any previous agreements between PNN and advertiser/agency relating to the subject matter set forth herein. PNN's only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall PNN be obligated to serve advertisements for any other advertiser.
2. Changes and Cancellations. All artwork must be received at least five days in advance of advertising date. All test for Internet Radio, other audio or video advertisements must be received at least ten days in advance of airdate. Cancellations or copy changes will not be accepted after the published closing date of the update to the PrideNation Network site or service on which the advertising is to run. Changes to artwork or test must be received by PNN at least five days in advance of requested change date. PNN's radio advertising specs are accessible through the URL www.pridenation.com/advertise.htm. PNN reserves the right to change any of its advertising specifications at any time. Any cancellations or change orders must be made in writing and acknowledged by PNN. Change orders cannot be submitted any more frequently than once every thirty days. This contract may be canceled or changed by PNN, or by advertiser/agency on fifteen day written notice, after the 30-day term. If 15-day notice is not given during any month period, PNN will auto renew for another 30-days. This allows time for campaign to stop.
3. Payment. Unless otherwise agreed in writing, the first month's fees are due upon the execution of this contract by the advertiser/agency and, thereafter, pro rata monthly in advance. If payment is not made timely, PNN, at its option, may immediately terminate the contract. In addition, advertiser/agency shall be liable to PNN for all attorneys' fees and other costs of collection. Interest will accrue on any past due amounts at the rate of the greater of one and one-half (1 _%) percent per month or the lawful maximum. PNN shall have the right to hold the advertiser and/or its agency or agent jointly and severally liable for all amounts due.
4. Delivery, Frequency, and Make good. All figures relating to the number of advertisements served as determined by PrideNation shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If PNN fails to provide the guaranteed number of impressions or radio spots, PNN will make good on this contract as described below. PNN will not make good for under-delivery due to delays caused by advertiser/agency. Advertiser/agency understands that all the frequency discounts are based on the advertiser's agency's commitment to fulfilling the frequency indicated in the contract. If, for any reason, this frequency is not met by the expiration or cancellation of the contract, advertiser/agency agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown in the contract and the rate earned based on the applicable rate card for the actual frequency completed.
5. Redesigning of the PNN or PrideNation Network Sites or Services. Advertiser/agency acknowledges that, consistent with PNN's need for editorial discretion, PNN may redesign, delete or replace the pages, programs or channels on which the impressions will be displayed or transmitted or may redesign or replace the type of links, buttons, boxes, banners, and Internet Radio, audio or video advertisements purchased by advertiser/agency; provided, that PNN will use good faith efforts to provide advertiser/agency with comparable links, buttons, boxes, banners, and Internet Radio, audio or video advertisements
6. Rejections. PNN reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links, buttons, boxes or banners for any reason at any time with our without notice to the advertiser/agency, and whether or not such advertisement, link, button, box or banner was previously acknowledged, accepted or published.
7. Licenses and Indemnification. Advertiser/agency grants PrideNation the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants that the advertiser/agency has the right to grant such license. Advertiser/agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to PNN. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of PNN's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless PNN-PrideNation and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (1) advertiser/agency's breach of any covenants, representations and warranties made therein, (2) PNN's performance under this contract, and (3) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by PNN.
8. Limitation of Liability. In the event (1) PNN fails to publish an advertisement in accordance with the schedule provide3d in the Insertion Order, (2) PNN fails to deliver the number of total impressions specified in the Insertion Order (if any) by the end of the specified period, or (3) of any other failure, technical or otherwise, of such advertisement to appear or be transmitted as provided in the Insertion Order, the sole liability of PNN to advertiser/agency shall be limited to, at PNN's sole discretion, a pro rata refund of the advertising fee representing the undelivered impressions, placement of the advertisement at a later time in a comparable position, or extension of the term of the Insertion Order until total impressions are delivered. In addition, PNN is not responsible for the quality and/or clarity of any online, print, email, Internet radio, audio or video advertisements.
UNDER NO CIRCUMSTANCES WILL PNN BE LIABLE FOR ANY SPECIAL LIMITATION, FOR LOST INCOME, NO PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF PNN HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
9. Choice of Law and forum. This contract shall be interpreted and construed in accordance with the laws of the Commonwealth of California, without regard to its conflicts of laws provision, and with the same force and effect as if fully executed and performed therein. Each party hereby consents to the exclusive personal jurisdiction of the commonwealth of California, acknowledges that venue is proper only in any state or Federal court in the Commonwealth of California, agrees that any action related to this contract must be brought in a state or Federal Court in the Commonwealth of California and waives any objection that may exist, now or in the future, with respect to any of the foregoing.
10. Credit Cards. In the event that the advertiser/agency pays any amounts due hereunder with a credit card and the user of the credit card fails to pay the amounts authorized by advertiser/agency, advertiser/agency shall immediately remit full payment to PNN Media Group, LLC plus any interest due on the outstanding amounts. In addition, if advertiser/agency pays any amounts due hereunder with a credit card and the issuer of the credit card seeks to recover from PNN any amounts received by PNN from the issuer, advertiser/agency shall immediately remit to PNN all amounts necessary to comply with the issuer's request and any costs and expenses incurred by PNN.
11. Miscellaneous. No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. Advertiser/agency may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to PNN. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by PNN shall operate as a waiver for any other provision or any subsequent default. This document represents the entire agreement of the parties: PNN will not be bound by the representations of any agents, brokers, or other third parties. All terms of the contract, by which nature extend beyond its termination, remain in effect until fulfilled and apply to the respective successors and assigns. The undersigned is legally empowered with due corporate authority to enter into this contract and agrees to be bound by the terms and conditions of this contract.
JUNE 2018 TO JUNE 2019
PNN PARTNER PACKAGE:
This is what is included in the $195/mo:
Search engine optimization (get your site higher on google)
Social media Marketing (here is our distribution: http://pnnpartner.com/distribution )
Radio advertising ( http://pnn.fm )
TV advertising ( https://pridenation.com/category/tv/ )
Bi-weekly Mass Email Blast ( http://pnn.email/newsletter/ )
Banner advertising on all platforms
Advertising on third-party platforms
on-location flyer/promo distribution
press release online distribution
50% off all additional services (web design / graphics / on-location events )
TOTAL: $2340 / 12 MONTHS OF $195
$200 SETUP FEE
WEBSITE DESIGN ADD-ON:
professional website up to (5) pages with contact page, events page, photo gallery, about and home page. This will include live social updates, graphics and more. The site will be responsive, mobile & tablet optimized, utilizing the latest code available. It will be hosted securely on our state-of-the-art virtual server with 99.9% uptime guarantee and backed up 3 times a week.
TOTAL WEBSITE PKG: $795 50% PNN PARTNER DISCOUNT: $397.50
TOTAL DUE FOR FIRST MONTH: $792.50