Broadcast Rights. Broadcast rights for all commercials and shows produced by KBN Television are granted for use on websites and social media utilized by the advertiser. Broadcast rights for other media venues must be obtained in writing from KBN Television in a separate agreement unless specifically granted on the reverse side of this agreement
Late Fees. All monthly payments for advertising are due to KBN Television by the first of the month in which the advertisement is scheduled to broadcast. Payments, in full or in part, which are not received by the 15th of each month are considered to be late and automatically incur a $50 late fee.
Jurisdiction. Both advertiser and station agree that original jurisdiction of any legal proceedings arising from this Agreement shall reside exclusively in Henry County, Georgia. Additionally, the owner of any sole proprietorship, limited liability corporation, or s-corporation who signs this Agreement shall personally guarantee payment of this Agreement.
Ownership of Production Materials. Advertiser affirms ownership or right of use to all materials provided by the advertiser to the station for the production of advertising and shows and, therefore, accepts all liability from their use.
Collection Fees and Credit Card Chargebacks. Station reserves the right to commence collection efforts for any outstanding debt owed by advertiser for more than 60 calendar days. Advertiser shall be responsible for additional debt incurred as a result of collection efforts, whether conducted by station staff or a third party. Time spent on collections in this section by station staff shall be billed at the rate of $100 per hour. If court actions are filed by station as part of the collections process, a minimum processing fee of $250 shall be added to the balance of the account. Furthermore, any advertiser who initiates a chargeback request related to charges processed in accordance with this Agreement shall incur charges for station staff to respond in an amount up to $100 per occurrence; and these charges shall be processed immediately utilizing one of the cards on file provided by the advertiser.
Cooperation of Client During Production. Advertiser agrees to provide any materials needed for production within 48 hours of this agreement. If Advertiser fails to provide materials, KBN may produce commercial without materials provided by the advertiser in order to facilitate the timely production of the commercial. KBN will provide a proof copy of the advertiser's commercial via email, DVD, or online download. Advertiser shall have 24 hours from notification of proof by KBN to suggest corrections to proof before it becomes finalized.
Cards on File. In any agreement which stipulates that advertiser shall pay via monthly processing of credit or debit card, it shall be the responsibility of the advertiser to maintain a valid card on file for processing. In the event that a card on file becomes invalid for any reason, it shall be the responsibility of the advertiser to provide an alternate card for processing prior to the next regularly scheduled processing for the account. Station may process advertiser debt using any card provided by advertiser during the lifetime of this Agreement. Any card provided for payment by advertiser in order to maintain a valid card on file shall be treated in the same manner as the card recorded on the face of this Agreement, even if such card was provided via phone and not in person.
Til Further Notice. All agreements which include a Til Further Notice provision shall remain in effect until such time as a 30 day written notice provided by either the advertiser or the station is fulfilled beyond the minimum duration. During that time, both advertiser and station are required to perform the obligations specified in this Agreement.
Cancellations. Either the advertiser or station may cancel this agreement by providing the other party a 30 day written notice prior to cancellation, provided that the cancellation date shall be after the minimum duration of this Agreement.
Returned Check Fees. Advertiser shall incur a $30 fee for each returned check which does not clear the bank for any reason. Station shall have the right to resubmit a returned check after 7 days of receiving such notice from the bank; and, in the event that the check is returned again, an additional $30 fee shall be incurred by the advertiser.
Theft of Services. All parties to this Agreement mutually agree that chargeback claims filed against charges processed in accordance with this Agreement and checks returned for insufficient funds or stop payment shall constitute the crime of theft of services under Georgia state law and shall be subject to criminal and civil prosecution.
The rescission of any part of this Agreement by a court of competent jurisdiction shall not rescind the remainder.