October 10, 2023
DEFINITIONS AND INTERPRETATION
The Media Company: Bobit
Order: Placement of advertisement with the intention of marketing to the qualified audience of the media company
BASIS OF CONTRACT
- Media company reserves the right to reject any advertising that, at 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 their 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.
- This agreement does not allow you to sell or rent leads to other companies. It may not be used for deceitful purposes. Your use is limited only to this agreement and the terms herein.
- 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.
- By signing this agreement, you are granting permission for Bobit to use your logo and the collateral we create on your behalf in our promotional efforts including, but not limited to, our company website, social media, and client-facing sales materials. If and when we use your company logo, name, or created content in any of our marketing and promotions, in all cases, we will include trademark attribution giving notice that your company owns the intellectual property that we are using. This consent also waives your right to any royalties, damages, or any other economic recovery of the use of your company’s logo, name or assets.
PRINT & DIGITAL MARKETING: CANCELLATIONS or RESCHEDULING
- 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 operations 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 canceled placements:
- DIGITAL DISPLAY ADS & CLASSIFIED ADS: 30 days before the scheduled run begins.
- PRINT PLACEMENTS: 5 days prior to the specified Ad Close Date;
- CONTENT MARKETING / LEAD GENERATION:
Including but not limited to the following items:
- WEBINAR HOSTING AND PROMOTION: 45 days prior to the scheduled Kick Off call. NOTE: In cases where Bobit is producing the content and/or creating the deck for the webinar, refer to the Custom Content Services Cancellations or Rescheduling section below for additional terms;
- LEADSTREAM PRODUCTS: 45 days prior to the Contracted Start Date. NOTE: In cases where Bobit is producing the content for this asset and/or designing it, refer to the Custom Content Services Cancellations or Rescheduling section below for additional terms;
- E-MAIL AND SOCIAL PLACEMENTS: 30 days prior to scheduled launch;
- READYQUOTE: 60-day cancellation notice;
- SOLUTION DIRECTORY:
- ESSENTIAL: No cancellations. All sales are final.
- ENHANCED: No cancellations. All sales are final.
- EMPOWERED: Cancellation requires 90-day written notice. Only months outside of 90 days will be refunded.
- S&P GLOBAL MOBILITY: No cancellations. 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 Director of Strategic Accounts Customer Success Manager with any questions.
- The media company shall be under no obligation to reimburse all or part of such charges, even if the media company resells the canceled advertising space after such cancellation by the marketer.
- If you cancel your Order because of a change made by the media company, you will not incur a cancellation fee.
- RESCHEDULING: Reallocations or rescheduling can be made once per agreement within 30 days [OR NEXT AVAILABLE INVENTORY, i.e., webinar or print cadence] of the original start date. 100% of the contracted amount will be reapplied to the reallocated or rescheduled solution, and if not reallocated or rescheduled within 30 days of the next available inventory 100% of the contracted amount will be forfeited by the Marketer.
INVOICES, CREDIT & CONDITIONS
- ORDERS LESS THAN $5,000
- Must be pre-paid.
- ORDERS GREATER THAN OR EQUAL TO $5,000
- Invoices are NET 30 DAYS on approved credit for all services, payable in US Dollars
- S&P GLOBAL MOBILITY: Invoices are PRE-BILLED, NET 30 DAYS
- ReadyQuote: Invoices are PRE-BILLED, NET 10 DAYS
- SOLUTION DIRECTORIES: Invoices are PRE-BILLED, NET 10 DAYS
- Any payment by credit card will be charged an additional 3% processing fee.
- Marketers and agencies new to the media company may be required to pre-pay their first insertion and submit a credit application.
- Extension of credit is subject to the approval of our Credit Department. Payments received will be credited to the oldest outstanding balance.
An installment bill plan request must be submitted to our finance department by your Bobit Director of Strategic Accounts 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 cannot change.
Advertisers and their agencies assume liability for advertisement and agree to indemnify the Publisher from any loss or claim based upon the subject matter (including text, images, and illustrations), representations, trademark or copyright of submitted advertisements. Publisher’s liability for any error will not exceed the cost of the space occupied by the error. Publisher cannot be held liable for circumstances beyond its control affecting production or delivery.
Publisher holds advertiser and/or its advertising agency jointly and severally liable for payment due to publisher. This applies even when a sequential liability clause is included in a submitted contract or insertion order.