The participant business is hereby referred to as “Participant”. AMD News is hereby referred to as AMD.
- The participant agrees that in exchange for free digital commercial production and free internet airing of their commercials as part of this assignment/project, that the participating business will log their results in the article form provided after the commercials have aired.
- The participant agrees that AMD will not dictate the method in which the participant collects the data to determine the increase (if any ) in customers directly related to the commercials.
- Participant agrees that no charge whatsoever will be owed to AMD should additional commercial spots be aired on behalf of the participant as AMD may be airing the participant’s commercials more than the project’s original promised airing amount.
- Participant dictates the distribution area and full demographics according to the participant’s demographics form they fill out prior to release of spots.
- AMD makes no warranties, expressed or implied, with respect to results of advertising with this program as it is specifically for the purpose of measuring responses for the article data. It is understood that the digital ad release network(s) is at the discretion of AMD. It is also understood that results, or extent of results, will in no way affect participant’s liability to AMD. Participant agrees to hold harmless and indemnify AMD, it’s officers, directors, employees and agents from any claim for damages resulting from product or service liability for the participant’s advertised product or service. Participant also agrees to hold harmless and indemnify AMD for any trademark infringement by participant for trademarks given to AMD.
- Participant agrees that AMD will not be liable for any failure on the part of participant to honor participant’s advertised specials or commitments.
- It is understood that this is not a consumer scenario in respect to reporting, production and the timing of complimentary commercial airing. Though the timing of the project is controlled by the reporter, participant can dictate specific date of release if it falls before the end of the article send deadlines.
- Participant agrees that any monies paid for upgrades such as voiceover rights or extensions of commercials not covered under the original project are non-refundable after the commercial had been approved, as participant has possession of commercial at that time. Any Refunds previous to approval will be returned within 20 days from the date that the signed cancellation agreement was sent back to AMD. All returns are sent via check or PayPal as AMD does not record, take or has direct access to credit cards at any time.
- It is agreed that in the event any action is brought to enforce or interpret the provisions of this contract, only a court located in Monmouth County, New Jersey shall have jurisdiction to hear such matter. Validity of this contract and rights and duties of parties hereunder shall be governed by the law of the state of New Jersey.
- AMD shall not be liable for failure to air commercials if failure is caused by labor disputes, strikes, war, fire, flood, accident, paper, political advertising taking precedence or other material shortages or any act of God or cancellation of the project.
- Participant understands that all impressions and any internet advertising time provided by AMD in this project are completely free of charge. Quantity of impressions is dependent on the reaction to the demographics set by participant and/or what AMD deems necessary for the project.
I agree that I am qualified to sign for my company, and I acknowledge upon signing this agreement that I have read and understand this agreement and I have not relied on any promise, statement or representation other than that which is contained herein and I hereby acknowledge receipt of a copy of this agreement
Any changes to this agreement must be in writing and initialed by both parties.