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1. Underwriter/agency understands that all frequency discounts are based on the Underwriter’s/agency’s commitment to fulfilling the frequency selected. If, for any reason, this frequency is not met, Underwriter /agency agrees to pay a short rate charge on all ads run. This charge will be equal to the difference between the rate shown and the rate earned based on the applicable rate card for the actual frequency completed.
2. Copyrights for graphics, text, audio and video materials, or combinations of these materials remain the property of the copyright holder(s). WHAV shall not be held liable for unauthorized usage of copyrighted material or the Underwriter’s/agency’s failure to pay license fees or royalties, and renewals of the same.
3. The Underwriter/agency agrees to indemnify and hold harmless WHAV against any and all claims, costs, and expenses, including attorney’s fees, due to materials submitted to WHAV by the Underwriter /agency.
4. Underwriter/agency will receive confirmation by e-mail. Underwriter/agency agree to make changes, as necessary. WHAV shall not be liable by any reason of error, for which it may be responsible, beyond replacement of messages and banners in which any errors occur. The Underwriter/agency recognizes its shared responsibility to meet any applicable deadline obligations, leaving ample time to proof and approve all materials. If Underwriter/agency fails to either proof or approve material prior to deadline or extend deadline, production will either cease or continue at the Advertiser’s/agency’s own risk, at the discretion of WHAV. In the case of the latter, WHAV shall assume no liability for errors or omissions in those materials.
5. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of such party. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communications line failure, power failures, earthquakes or other disasters.
6. Cancellation or any additions or modifications to this Agreement must be submitted in writing and approved by both Underwriter/agency and WHAV in writing. Either the Underwriter/agency or WHAV may terminate the services, or a portion of services, envisioned by this Agreement upon 30 days advance written notification. WHAV shall be paid for all services performed through the date of receipt of the Cancellation notice.
7. Messages or banners may be pre-empted at anytime depending on availability, public emergency, necessity or any other reason. In the event commercials or banners are pre-empted, WHAV will provide “make-ups” of equivalent value and exposure.
8. WHAV reserves the right, without liability, to reject, omit or exclude any message or banner or to reject or terminate any links, buttons, boxes or banners for any reason at any time, with or without notice to the Underwriter/agency, and whether or not such message, link, button, box or banner was previously acknowledged, accepted, or broadcast/published. WHAV’s liability shall be limited to the pro-rata reduction in charges.
9. Underwriter/agency agrees to furnish materials of suitable quality and content, as determined by WHAV in its sole discretion.
189 Ward Hill Avenue, Ward Hill, MA 01835
telephone: 978.374.2111 • fax: 978.521.4636
web: www.WHAV.net
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