MOBILE BILLBOARD DISPLAY AGREEMENT
AUTHORIZATION: The advertiser named above together with advertiser’s advertising agency, if any (hereinafter referred to jointly as the “ Advertiser”), hereby authorizes and contracts with Legion Digital Outdoor, LLC (hereinafter referred to as the “LDO”), of Bellevue, NE, to provide advertising services.
- Copyright/Trademark: Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or deferral. Advertiser agrees to defend, indemnify and hold “LDO” free and harmless from any and all loss, liability, claims and demands, including attorney’s fees arising out of the character contents or subject matter of any copy displayed or produced pursuant to this contract.
- Payment Terms: Unless otherwise stated on contract, all payments are due in full 14 days prior to the start of campaign. “LDO” will, from time to time at intervals following commencement of service, bill Advertiser at the address on the face hereof. Advertiser will pay “LDO” within thirty (30) days after the date of invoice. If Advertiser fails to pays any invoice when it is due, in addition to amounts payable hereunder, Advertiser will promptly reimburse collection costs, including reasonable attorney’s fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as designated by the Advertiser; non designated payments will be applied to the oldest invoices outstanding. CONTRACTS FOR POLITCAL RELATED ADS DO NOT QUALIFY FOR BILLING. ALL POLITICAL MUST BE PRE-PAID.
- A 3% processing fee is added for all card transactions.
- Entire Agreement: This contract, all pages, constitutes the entire agreement between “LDO” and Advertiser. “LDO” shall not be bound by any stipulations, conditions, or agreements not set forth in this contract. Waiver by “LDO” of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision.
- Termination: All contracts are non-cancellable by Advertiser without the written consent of “LDO”. Breach of any provisions contained in this contract may result in cancellation of this contract by “LDO”.
- Materials/Storage: Materials for a street marketing campaign will be held at Advertiser’s written request. Storage fees may apply.
- Art Work: Artwork is to be delivered a minimum of three (3) working days from the initial service date.
- Advertiser Provided Production: The Advertiser is responsible for producing, transmitting, and shipping any materials or digital content required for a campaign. Advertiser failing to provide the required content or materials by the campaign start date will not qualify for a refund or pro-rate of any costs.
- Truck Reservation: Until acceptance and execution of this contract by “LDO.” the “Advertiser” agrees that no reservation of the above described display truck is made by “LDO.” and further, that this contract is contingent upon the availability of the above truck at the time of presentation of this contract for acceptance.
- Interruption of Service: “Advertiser” understands that service may be temporarily interrupted for Amber Alert messages, emergency messages, mechanical breakdowns, weather interruptions (at sole discretion of “LDO”) or any other unforeseen interruptions in service. If the delay is longer than ten percent of the total time contracted, “LDO” will supply equal time at a later date or pro-rate the charges. Any pro-rated refund will not exceed fifty percent of the original contract amount. “Advertiser” also understands that the driver will take small breaks throughout the advertised time. Client message will always be left on during these breaks and driver will stay as close to route as possible.
- Taxation: Should this contract become subject to any federal, state, or local taxation, we authorize “LDO.” to add such tax to the payments as outlined above.
- Decency: “LDO.” reserves the right to refuse any ad or advertisement that it may deem offensive, illegal, or in bad taste of its own brand or image. This determination is made at the sole discretion of “LDO.” management with or without cause. “Advertiser” agrees not to advertise or promote any illegal activity. Failure to comply may result in termination of this agreement without refund.
- Advertiser Supplied Content License and Indemnity Agreement
Copyright/Trademark: Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemnify and hold Legion Digital free and harmless from any and all loss, liability, claims and demands, including attorney’s fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this contract.
Supplied Content – When Advertiser desires to purchase digital advertising from
Legion Digital featuring images, photographs, graphics, text, data, video, or
other such media (“Advertiser Supplied Content (ASC)”) that will be provided by
Advertiser, some of which may be owned and or provided, directly or indirectly,
by a third party (hereinafter “Third Party Advertiser Supplied Content or Third
- The Advertiser shall be solely responsible to ensure the appropriateness and inoffensive or otherwise innocuous nature of the ASC or Third Party ASC.
- Advertiser acknowledges that Advertiser is solely responsible for acquiring, licensing, and/or purchasing any Third Party ASC and/or has the authority to use and to license ASC and Third Party ASC.
- Advertiser warrants that the ASC and /or Third Party ASC will comply with all applicable local, state and federal laws and regulations.
- Advertiser shall be solely responsible for the truthfulness, accuracy, integrity and lawfulness of the ASC and/or Third Party ASC.
- Advertiser shall defend, cover, indemnify, and hold Legion Digital harmless for all loss, expenses or damages of whatever nature, which may be incurred by Legion Digital as a result of any claims or actions in connection with Advertiser or Advertiser affiliates and subsidiaries for use of the ASC or Third Party ASC. Claims of Actions shall specifically include but not be limited to the ASC’s public appropriateness. The forgoing duty to defend, cover and indemnify shall include, without limitation a duty to pay any attorneys’ fees and other costs of defense incurred by Legion Digital.
- Advertiser hereby grants to Legion Digital paid up, non-exclusive, royalty free license to use, reproduce, display, perform and modify the ASC and Third Party ASC, on its digital displays or to adapt the ASC and Third Party ASC for such use. The license granted herein includes the right to prepare works which may be considered derivative work of the ASC and/or Third Party ASC or any intellectual property contained therein. Additionally, Advertiser grants to Legion Digital such trademark license rights as may be necessary for Legion Digital to use the ASC and Third Party ASC on its digital displays.