Vendor Program Participant is hereby referred to as “VENDOR” – AMD News is hereby referred to as “AMD
Agreement:
- AMD will produce a 30 sec commercial spot for the vendor advertising their services at no charge. This would be a normal proofing process with Vendor signing off on commercial for approval before any commercial goes to distribution .
- AMD will play the commercials on our AMD targeting system at our own expense to demographically selected potential clients for as long as the vendor participates in this program.
- AMD will have no contact with potential clients at any time in relevance to Vendors services.
- AMD is responsible for obtaining information in reference click count and demographic data.
- Vendor is responsible for working with and providing info to AMD production department to produce the commercial in a timely manner
- Vendor is responsible for filling out a short survey each 90 day period expressing their opinion.
Terms
DEPOSIT:
1. If for any reason the vendor does not wish to continue, after being in the program for 90 days after the initial start of their ad, the full deposit will be returned. Simply fill out the request before 120 days of initial program start: REMOVAL FROM PROGRAM/DEPOSIT RETURN FORM
2. Should both parties wish to continue in program after the 90 day period defined above then the deposit will be returned anyway to the vendor after the feedback form has been returned.
3. REMOVAL FROM PROGRAM AND DEPOSIT APPLIES: Immediately after deposit is refunded client no longer owns the commercial produced for them by AMD and all rights to the commercial are hereby transferred back to AMD – all copyright laws apply. Client cannot copy, air or reproduce any part of the proof, element, voice over or commercial as a whole in any way, on any media whatsoever. This includes postings on Facebook, YouTube and other passive or active posting sites or media methods. must be deleted
THIS DOES NOT APPLY TO THE FOLLOWING:
a.) A deposit return after the normal 90 day period and both parties wishes to continue as deposit is returned without removal from program.
b.) Any original materials, Commercial / Video that was given to AMD from vendor that did not require any edits/services from AMD whatsoever and was given as a whole to air on behalf of the client. Any vendor materials always remain the rights of vendor.
4. Only your full deposit will be returned to you: AMD will ONLY be responsible for monies paid to AMD, and in no way be held liable or responsible in any way whatsoever for any additional expenditures, loss or liability due to any circumstances that arise, related or unrelated to the program.
5. All deposit returns are made via check or PayPal as AMD does not hold, store or have recorded in any way the vendor’s credit card information
6. AMD makes no warranties, expressed or implied, with respect to results of advertising with this program.
7. It is also understood that results, or extent of results, will in no way affect vendor’s liability to AMD. Vendor 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 vendor’s advertised product or service. Vendor also agrees to hold harmless and indemnify AMD for any trademark infringement by vendor for trademarks given to AMD.
8. Vendor agrees that AMD will not be liable for any failure on the part of vendor to honor vendor’s advertised specials or commitments.
9. 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.
10. 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.
11. Vendor agrees that AMD will send vendors ad according to the vendors entry form.
12. Vendor agrees that no charge whatsoever will be owed to AMD should additional commercial spots be aired on behalf of the vendor as AMD may be airing the vendor’s commercials more than the project’s original promised airing amount.
Any changes to this return policy has to be in writing and agreed upon by both parties.