Sign Owner Terms & Conditions

Last Updated: October 1, 2024

These Terms and Conditions are an addendum to the Advertising Sales Agreement
previously signed by and between Adkom and the Media Provider. The Media Provider
accepting this Order hereby agrees that this Order shall be governed by the Advertising
Sales Agreement and Terms and Conditions in this addendum, which are incorporated into
and made part of the Advertising Sales Agreement. Adkom is placing, purchasing, or
contracting to purchase advertising on behalf of the Advertiser named in the Order.


DEFINITIONS:
ADVERTISER means any person, firm or company who places an Order directly or indirectly
to purchase advertising space on a Media Provider’s asset.
ADKOM or Representative shall have the meaning as defined in the Advertising Sales
Agreement.
CLIENT means a national advertising agency as defined in the Advertising Sales
Agreement.
ORDER means the purchase order setting forth the locations, dates, and other pertinent
information contracted to display the advertising.
All other defined terms not listed above shall have the meaning set forth in the Advertising
Sales Agreement.

1. ADKOM OBLIGATIONS:
1.1 Adkom or Advertiser will deliver acceptable materials to the Media Provider in sufficient
quantity and timing for proper execution of display(s) contracted for herein. Media Provider
shall notify Adkom immediately if advertising materials are not received on the agreed upon
dates. Adkom shall have the right to submit different or replacement advertising materials
at any time, but shall be responsible for any actual costs incurred by Media Provider with
respect to substituting the advertising materials.
1.2 Extensions, embellishments, and vinyl materials are the property of the Advertiser and
no fees may apply if storage is requested. Materials will not be destroyed by the Media
Provider without consent of Adkom.


2. OBLIGATIONS OF MEDIA PROVIDER:
2.1 The Media Provider will install the advertising materials furnished by the Adkom/Client
in the market(s) and on the dates stipulated on the face of this Order. No changes in
contracted dates or other terms are to be made by the Media Provider without written
notification to Adkom and prior written approval by Adkom.
2.2 All contracted advertising displays and structures will be kept in excellent condition,
including the full functionality of any media screens or digital billboards throughout the
term of this Order.
2.3 All illuminated displays will be illuminated from 6:00 A.M. to midnight, unless otherwise
specified on the face of this Order.
2.4 Advertising copy shall be approved or rejected within 2 days of receipt by Media
Provider of the proposed copy. Any advertising copy not rejected within 3 days of receipt by
Media Provider shall be deemed approved. In the event advertising copy is rejected, the
written rejection set to Adkom must be for a commercially reasonable purpose and
accepted by Adkom. In the event Adkom accepts a rejection of advertising copy, Adkom
may, at its option, submit different advertising copy or terminate this Order for a full refund.
2.5 If the Order allows for a rotary plan, the Media Provider will notify Adkom of locations
thirty (30) days in advance of each rotation and the rotation locations will have been pre-
approved by Adkom.
2.6 No competitive product is to be displayed, played or placed within sight of, on the same
or adjacent location showing to the same circulation to the advertisement. All displays of
competitive products must be spaced a reasonable distance away from the product
scheduled under this Order. Any such adjacency will be considered a breach of contract.
2.7 Alcoholic beverage products shall not be displayed, played or placed(i) within five
hundred (500) feet of any school, house of worship, cemetery, youth center, day care
center, playground, amusement park, hospital, medical clinic, or substance abuse clinic;
(ii) at the same location as, adjacent to, within sight of or in close proximity or sequence to
paid advertisement for any of the following:
a) religious institutions,
b) competitive products,
c) treatment programs for illicit drug use or alcohol abuse, or
d) charitable institutions whose mission is related to the prevention, treatment or control of
alcohol abuse; and
(iii) at the same location as, adjacent to, within sight of or in close proximity to sequence to
public service announcements for the following:
a) treatment programs for illicit drug use or alcohol abuse or
b) initiatives which primarily benefit persons under the legal drinking age (e.g. boy scouts,
girl scouts)


3. TERMINATION AND LOSS OF SERVICE
3.1 The acceptance of this Order shall constitute a contract that shall not be subject to
cancellation by either party, except as provided in paragraph 3.2 below.
3.2 Advertiser has the right to cancel this Order/contract with sixty (60) days written notice
before any posting period, or at any time following a breach of this Order by Media Provider
which is not cured within ten (10) calendar days
3.3 Any delay or failure by the Media Provider to perform hereunder as the result of force
majeure, labor dispute, law, governmental action or order, or similar cause beyond the
Media Provider's reasonable control, shall not constitute a breach of contract, but Adkom
shall be notified immediately and shall be entitled, at its election, to either an extension of
service, additional service, or credit, all on a pro rata basis, except that
in the event of a failure to provide illumination as required herein, the loss shall be
compensated by a cashcredit to Adkom of 25%.
3.4 If the advertising or sale of the product or service to be advertised under this Order is
prohibited by law or government regulation, this Order shall terminate as of the effective
date of such law or regulation without short-rate charge.
3.4 The Media Provider may, upon notice to the Adkom, cancel this Order at any time upon
material breach by the Adkom.


4. COMPENSATION
Representative shall be entitled to a commission of ten percent (10%) of the media net
Contract price.
4.1 Media Owner shall retain one hundred percent (100%) of the install cost and, if
applicable, production cost arranged by Media Provider.
4.2 Payment to Media Provider shall be made within 15 days of Representative's receipt of
funds from Client.
4.3 Media Provider acknowledges that Adkom is acting as agent for the Client and must
adhere to sequential liability and pay Media Provider after receiving Advertiser proceeds in
the time frame stipulated in the Advertising Sales Agreement. Media Provider will, from
time to time at intervals following commencement of service, bill Adkom at the address on
the face of the Order. The Media Provider agrees to hold Adkom solely liable for payment to
the extent proceeds have cleared from the Advertiser to Adkom for advertising placed in
accordance with this Order. For sums owed but not cleared to Adkom, the Media Provider
agrees to hold the Advertiser solely liable.


5. INDEMNIFICATION
The Media Provider shall hold Adkom and the Advertiser harmless against all claims,
demands, debts, obligations, or charges, together with reasonable attorneys' fees and
disbursements (all hereinafter referred to as “ liability”), arising out of the installation,
maintenance, or removal of advertising copy, including all such liability arising out of the
Media Provider's failure to remove advertising copy within thirty (30) days after the
expiration of this Order provided (i) such removal is requested by the Adkom and (ii) such
failure is not due to force majeure as defined in Paragraph (3.3). Adkom similarly agrees to
hold the Media Provider harmless against all liability arising out of the content of the
advertising copy furnished by Advertiser.