January 27, 2023

The Media Company: Bobit

Marketer: You

Order: Placement of advertisement with the intention of marketing to the qualified audience of the media company

BASIS OF CONTRACT 

GENERAL

• Media company reserves the right to reject any advertising that, in the sole discretion of the media company, does not conform to company standards. Media company reserves the right to place the word “advertisement” or “sponsored” on copy that, in its opinion, closely resembles editorial matter
• Marketers will be short-rated if, within a 12-month period from the date its media schedule begins, they do not fulfill all placements upon which their billings have been based
• Unless agreed to by the media company, the client will be billed for each item as scheduled on the contract if it has been deemed the client did not fulfill its obligations in the agreed upon timeframe
• Media company is not bound by conditions appearing on contracts, insertion orders or instructions from any agency or advertiser that conflict with the terms listed herein
• Only written instructions including those on contracts and insertion orders, agreed to in writing by the media company, are binding
• Ownership of intellectual property rights presented by the Client for use with this order, including all title and intellectual property rights (including without limitation, copyrights, patents, trademarks, and trade secrets, including but not limited to, related images, photographs, animations, video, audio, music, text, and content), are owned by the Client and where not owned by the Client, the Client bears the responsibility to obtain all approvals and permissions from the intellectual property owner to use it in this agreement and include any source credits with the deliverables to Bobit. Bobit does not bear the responsibility to obtain any intellectual property use rights for any content submitted by the Client to this agreement.
• Bobit product which results in the collection of user’s personally identifiable  information that is provided to you as the buyer allows you to use that data to contact the user for promotional communications.  Any user providing their information is alerted to this fact and directed to our Privacy Policy. Buyer of lead information may not resell or rent leads to other companies.  It may not used for malicious or deceitful purposes.  Your use is limited only to this agreement and the terms herein.

CANCELATIONS 

• The media company may (at its sole discretion) change the date, suspend, or cancel an order at any time for any reason without incurring any liability to the Marketer
• If the Marketer wishes to cancel an Order, it shall notify the appropriate production manager for the media company in writing in the timeframe listed below or otherwise be required to pay the media company in full for the cancelled placements:
  • DIGITAL PLACEMENTS: 30 days before the scheduled run begins;
  • E-MAIL AND SOCIAL PLACEMENTS: 15 days prior to scheduled deployment/launch;
  • PRINT PLACEMENTS: 5 days prior to the specified “ad close date”
  • FLEET AUDIENCE:  NO cancelations.  All sales are final.
  • FLEET SOLUTION DIRECTORY:
    • ESSENTIAL:  No cancelations.  All sales are final.
    • ENHANCED:  No cancelations.  All sales are final.
    • EMPOWERED:  No cancelations.  All sales are final.
  • NOTE: Some additional products may have unique cancellation terms and, if you have included those products in your agreement, those terms will appear in the Product Details section of your agreement. Reach out to your Account Representative or Customer Success Manager with any questions.
• The media company shall be under no obligation to reimburse all or part of such charges, even in the event that the media company resells the canceled advertising space after such cancellation by the marketer
• If you cancel your Order as a result of a change made by the media company, you will not incur a cancellation fee

INVOICES, CREDIT & CONDITIONS 

• ORDERS LESS THAN $5,000
  • Must be pre-paid by credit card

• ORDERS GREATER THAN OR EQUAL TO $5,000
  • Invoices are NET 30 DAYS on approved credit for all services, payable in US Dollars
    • EXCEPTION(s):
      • FLEET AUDIENCE: 100%  PRE-PAYMENT, NET 30 DAYS
      • FLEET SOLUTION DIRECTORY: 100% PRE-PAYMENT, NET 10
      • ReadyQuote: Invoices are PRE-BILLED, NET 10 DAYS
  • Marketers and agencies new to the media company may be required to prepay their first insertion and submit a credit application
  • Extension of credit is subject to approval of our Credit Department. Payments received will be credited to the oldest outstanding balance

INSTALLMENT BILLING

Any request for a bill plan must be submitted to our finance department by your Bobit Account Representative and is subject to approval.  Once the bill plan has been approved and implemented, it is considered “locked in” and binding. The items and rates included in the bill plan cannot be changed.  Only the months the items are fulfilled can be adjusted.