(MEMBER OF 4A’s)
(MEMBER OF AAAA)
LOCAL AUDIO CONFIRMATION CONTRACT
LOCAL RADIO CONFIRMATION/CONTRACT
Date
Advertiser
Station/Market
Product
Salesperson/Office
Contract Year
Contract Number
Type of Order
Attn: Buyer
New
Schedule Dates
Start
Modification
Billing Month
Broadcast Calendar
End
Modification No.
Rate Card No.
SCHEDULE*
1.
2.
Day
3.
Time
From
To
4.
Comm’l
Length
5.
Effective Date
Total Number Anncts. In Schedule
Total Cost of Schedule:
Flights:
Rate Information:
Signed for Agency:
Date:
__ Signed for Station:
6.
7.
Spots
Total
Per
No. of
Week
Spots
8.
9.
Cost
Per
Spot
10.
11.
No.
Weekly Total
of
Cost
Cost
Weeks
Date:
*Schedule listed represents basic format as declared at time of sale. If purchase is made within a program with a specified personality, agency must be notified of permanent change of personality.
*Schedule listed
represents
basic
format
ashour
declared
atare
time
of fairly
sale.distributed
If purchase
is madethe
with
a specified
personality,
must
be notified
permanent
Announcements
in time
periods in
excess
of one
duration
to be
throughout
confirmed
time period(s)
unlessagency
otherwise
specified
above. of
Conditions
of thechange
contractof
personality.
in time
copyrighted byAnnouncements
the AAAA apply except
as periods
noted. in excess of one hour duration are to be fairly distributed throughout the confirmed time period(s) unless otherwise specified
above. Conditions of the contract copyrighted by the 4A’s apply except as noted.
The organization (hereinafter called "the Agency") contracting for radio time covered by this contract on behalf of the Advertiser named on the face of this contract
(hereinafter called "the Advertiser") and the station accepting this contract (hereinafter called "The Station")
hereby agree that this contract shall be governed by the following conditions:
7. RATES AND CHARGES
(a) The Station reserves the right to increase rates, but no such increases shall be applied to
broadcasts under this contract, or renewal thereof, until three months after notification in
writingtime
to the
Agency and
by theon
Agency
including
specific
rate revisions
The organization (hereinafter called “the Agency”) contracting for audio
covered
by acceptance
this contract
behalf
of the
Advertiser
affecting
this contract.
(b) The
Invoices
shall contain
advertiser/product,
date, time
and length
of commercial
organization
(hereinafter
called "the Agency")
contracting
for radio
time covered by
this contract
on behalf of the Advertiser named on the face of this contract
named
on
the
face
of
this
contract
(hereinafter
called
“the
Advertiser”)
and
the
station
accepting
this
contract
(hereinafter
called
announcement, cost, and, if commercial
code identifying
each
commercialand
announcement
(hereinafter
called "the
Advertiser")
the stationisaccepting this contract (hereinafter called "The Station")
(b)be
Broadcasts
of aby
parent
and/or
its subsidiary
company(ies) may be combined for
supplied by the Agency, such
code
for each commercial
“the
Station”
) hereby
agree
that
contract
shall
governed
the
following
conditions:
herebyannouncement.
agree that
thisthis
contract
shall be
governed
by the following
conditions:
discounts.
(c) The Station warrants that all information shown on this invoice is true and correct and was
7.
from the
commercial
8. RATES
PROGRAM
COMMERCIAL MATERIAL
1. taken
PAYMENT
AND
BILLING record produced and maintained at the Station, and will be made
7.
ANDAND
CHARGES
available,
as willwill
other
records
adequate
to using
verify the
performance
of conditions
of sale,
on
Unless
otherwise
noted
on the
face of rates,
this contract,
all program
excluding
(a)
The Station
bill the
Agency
monthly,
standard broadcast
month,
unless
(a) The
Station
reserves
the right
to increase
but no such
increasesmaterial,
shall be applied
to
request, for
inspection
by the
or the Agency for a minimum of twelve (12) months
commercial under
announcements,
be furnished
Station,
commercial
otherwise
provided
on the
faceAdvertiser
of this contract.
broadcasts
this contract,shall
or renewal
thereof, by
untilthe
three
monthsand
afterallnotification
in
from the month of broadcast. This statement shall evidence proof of performance.
announcement
material and
shall acceptance
be furnishedby
bythe
the Agency
Agency. including
All expenses
connected
with the
writing
to the Agency
specific
rate revisions
delivery of
commercial
affecting
this
contract. announcements to the Station, and with return therefrom if return is
(b) Invoices shall contain advertiser/product, date, time and length of commercial
(d) Payment by the
Agency
due withincode
thirtyidentifying
(30) days after
of invoice
and affidavit
directed, shall be paid by the Agency. The Station shall retain commercial material for sixty
announcement,
cost,
and, if is
commercial
eachreceipt
commercial
announcement
is
of performance
by the Agency.
(60)Broadcasts
days after last
and may
suchcompany(ies)
material thereafter,
unless
otherwise
supplied
by the Agency,
such code for each commercial announcement.
(b)
of abroadcast
parent and/or
its destroy
subsidiary
may be
combined
for
instructed by the Agency in writing.
discounts.
(e) The
Unless
otherwise
setthat
forthallby
the Agency
on the
this contract,
thecorrect
Station
agrees
(c)
Station
warrants
information
shown
onface
this of
invoice
is true and
and
was
to hold
thethe
Agency
solely liable
paymentand
to the
extent proceeds
have and
cleared
from
the
The Station
is required
to adviseMATERIAL
the Agency broadcast operations desk by telephone and
taken
from
commercial
recordfor
produced
maintained
at the Station,
will be
made
8. (b)
PROGRAM
AND
COMMERCIAL
Advertiser as
to the
for advertising
broadcast
in accordance
this contract.
sums
subsequently
by written
confirmation,
furnished
program
or commercial
available,
will Agency
other records
adequate
to verify
performancewith
of conditions
of For
sale,
on
(a)
Unless otherwise
noted
on the faceifofthe
thisAgency
contract,
all program
material,
excluding
owing but
cleared to
theorStation
agreesfor
toahold
the Advertiser
liable.
material andannouncements,
scheduling instructions
not arrivebythree
days all
in commercial
advance of
request,
fornot
inspection
bythe
theAgency,
Advertiser
the Agency
minimum
of twelvesolely
(12) months
commercial
shall bedofurnished
the business
Station, and
broadcast date.material
If suchshall
material
and instructions
do not All
arrive
at the connected
Station within
from the month of broadcast. This statement shall evidence proof of performance.
announcement
be furnished
by the Agency.
expenses
with two
the
businessofdays
after the announcements
Station has notified
the Station,
Agency,and
the Station
maytherefrom
either makegood,
2. TERMINATION
delivery
commercial
to the
with return
if return or
is
bill the Agency
forpaid
the time
reserved.
exert
all reasonable
to broadcast
(a) Payment
Announcements:
Contracts
two thirty
consecutive
or lessof are
not and
cancelable.
directed,
shall be
by the
Agency.The
TheStation
Stationwill
shall
retain
commercialeffort
material
for sixty
(d)
by the Agency
is dueofwithin
(30) daysweeks
after receipt
invoice
affidavit
material
from
the Agency
late receipt.
Contracts
are subject
cancellation upon two weeks prior notice, but no such cancellation
(60)
daysreceived
after last
broadcast
and despite
may destroy
such material thereafter, unless otherwise
of
performance
by the to
Agency.
shall be effective until two Broadcast weeks have run.
instructed by the Agency in writing.
(c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts
(e) Unless otherwise set forth by the Agency on the face of this contract, the Station agrees
of The
God,Station
labor is
disputes
any the
other
causebroadcast
beyond the
Agency's
control,
the Agency
(b) hold
Programs:
Programs
of liable
five minutes
or more
may be cancelled
by thefrom
Station
(b)
requiredortofor
advise
Agency
operations
desk
by telephone
and
to
the Agency
solely
for payment
to in
theduration
extent proceeds
have cleared
the
cannot provideby
commercial
and/or program
material
priorfurnished
to scheduled
broadcast
hereunder,
or the Agency
such
notice broadcast
as stated in
onaccordance
the face ofwith
the this
Program
Sponsorship
subsequently
written confirmation,
if the
Agency
program
or commercial
Advertiser
to theupon
Agency
forprior
advertising
contract.
For sums
the Agency
not be liable
to the do
Station.
In such
event,
the Station
suggestofa
Agreement.
material
andshall
scheduling
instructions
not arrive
three
business
days shall
in advance
owing
but not cleared to the Agency, the Station agrees to hold the Advertiser solely liable.
makegood date.
for broadcast
of said commercial
and/ordo
program
material.
If no
such within
makegood
broadcast
If such material
and instructions
not arrive
at the
Station
two
is mutually
agreed
upon,
the Station
shall the
credit
the Agency
for the
and/or
program
If the Agency cancels this contract, earned rates will apply. If the Station cancels this
business
days
after the
Station
has notified
Agency,
the Station
maytime
either
makegood,
or
2. (c)
TERMINATION
changes
hereunder
in
the
amount
of
money
assigned
to
the
time
period
and/or
program
at
contract,
the
Agency
shall
have
the
benefit
of
the
same
discounts
which
it
would
have
earned
bill
the
Agency
for
the
time
reserved.
The
Station
will
exert
all
reasonable
effort
to
broadcast
(a) Announcements: Contracts of two consecutive weeks or less are not cancelable.
time of purchase.
The the
Agency
shall
have the
had it beenare
allowed
the contract.
material
received from
Agency
despite
late benefit
receipt.of the same rates, which would have
Contracts
subjecttotocomplete
cancellation
upon two weeks prior notice, but no such cancellation
been earned if the commercial announcement and/or program had been broadcast.
shall be effective until two Broadcast weeks have run.
3. RENEWAL
(c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts
(d) God,
Broadcast
commercial
provided
the Agency
is subject
to the
(a) Commercial
announcements
or programs
mayinbe
renewed
upon
notice
of
labor program
disputes and
or for
any other material
cause beyond
thebyAgency's
control,
the Agency
(b)
Programs: Programs
of five minutes
or more
duration
may
be fourteen
cancelled(14)
by days
the Station
Station’s
approval
and the and/or
Stationprogram
may exercise
a continuing
right to broadcast
reject such
material,
prior
expiration.
cannot
provide
commercial
material
prior to scheduled
hereunder,
or
thetoAgency
upon such prior notice as stated on the face of the Program Sponsorship
including
a shall
right not
to reject
for unsatisfactory
quality.the
In Station
the event
thesuggest
program
the
Agency
be liable
to the Station.technical
In such event,
shall
a
Agreement.
material is unsatisfactory,
Station
shall notify
theprogram
Agency material.
by telephone
forty-eight
4. EFFECT OF BREACH
makegood
for broadcast ofthe
said
commercial
and/or
If no within
such makegood
(48)
hours
of
receipt
of
program
material
and
subsequently
by
written
confirmation.
Unless
(a)
The
Station
reserves
the
right
to
cancel
this
contract
upon
default
by
the
Agency
in
the
is
mutually
agreed
upon,
the
Station
shall
credit
the
Agency
for
the
time
and/or
program
(c) If the Agency cancels this contract, earned rates will apply. If the Station cancels this
the Agency
furnishes
byassigned
three business
daysperiod
in advance
of program
broadcast,
payment the
of bills
or other
hereof at any
time
upon have
prior earned
notice.
changes
hereunder
in satisfactory
the amount material
of money
to the time
and/or
at
contract,
Agency
shall material
have thebreach
benefitof
of the
the terms
same discounts
which
it would
the Station
shall have
right to
substitute
own program
at no rates,
penaltywhich
to thewould
Agency.
In
Upon
such cancellation,
all charges
broadcasts completed hereunder and not paid shall
time
of purchase.
The the
Agency
shall
have theitsbenefit
of the same
have
had
it been
allowed to complete
the for
contract.
the event
the ifcommercial
material
within the program
unsatisfactory,
thebroadcast.
Station shall notify
become immediately due and payable. If the Station cancels by reason of the Agency’s
been
earned
the commercial
announcement
and/orisprogram
had been
the Agency by telephone and subsequently by written confirmation, and unless the Agency
breach, the Agency’s only liability shall be to pay for broadcasts completed
3. material
RENEWAL
furnishes
satisfactory
two (2) business
prior by
to broadcast
this contract
hereunder
priorannouncements
to cancellation by
the Station.
(d)
Broadcast
programmaterial
and commercial
materialdays
provided
the Agencydate,
is subject
to the
(a)
Commercial
or programs
may be renewed upon fourteen (14) days notice
may be terminated
by either
party without
penaltyatocontinuing
either party.
Station’s
approval and
the Station
may exercise
right to reject such material,
prior to expiration.
(b) In the event of a material breach by the Station in performing this contract, the Agency
including a right to reject for unsatisfactory technical quality. In the event the program
8.
9. material
BROADCAST
LIABILITIES
to cancel this contract at any time upon prior notice.
is unsatisfactory,
the Station shall notify the Agency by telephone within forty-eight
4. reserves
EFFECT the
OF right
BREACH
(a) The
Station
agreesofto
hold and
save the
and theby
Advertiser
harmless against
all
(48)
hours
of receipt
program
material
andAgency
subsequently
written confirmation.
Unless
(a) The Station reserves the right to cancel this contract upon default by the Agency in the
liability
resulting
from the
broadcastmaterial
of (1) program
except
material
furnished
5. payment
FAILUREofTO
BROADCAST
the
Agency
furnishes
satisfactory
by threematerial
business
daysprogram
in advance
of broadcast,
bills
or other material breach of the terms hereof at any time upon prior notice.
by the
Agency
(2)the
musical
compositions
for broadcasting
by atomusic
licensing
(a) If, due
public emergency
or necessity,
force majeure,
restrictions
imposed
bypaid
law, shall
acts
the
Station
shalland
have
right to
substitute itslicensed
own program
at no penalty
the Agency.
In
Upon
suchtocancellation,
all charges
for broadcasts
completed
hereunder
and not
organization
which the Station
a licensee.
The Agency
agrees to hold
save shall
the Station
of God, immediately
labor disputes
or for
any other
mechanical
the
event theof
commercial
materialiswithin
the program
is unsatisfactory,
theand
Station
notify
become
due and
payable.
If the cause,
Station including
cancels by
reason of or
the electronic
Agency’s
harmless
against
all liability
resulting
from the
of commercial
or program
breakdowns,
beyond
the Station’s
is an
or omission
of any
the
Agency
by telephone
and
subsequently
bybroadcast
written confirmation,
andmaterial
unless the
Agency
material
breach,
the Agency’s
only control,
liability there
shall be
to interruption
pay for broadcasts
completed
material furnished
by the
Agency
except
musical compositions
asdate,
statedthis
above.
commercialprior
announcement
or by
program
contracted to be broadcast hereunder, the Station
furnishes
satisfactory
material
two
(2) business
days prior to licensed
broadcast
contract
hereunder
to cancellation
the Station.
may suggest a substitute time period or makegood for the broadcast of the interrupted or
may be terminated by either party without penalty to either party.
9.
RADIO
STATION
STREAMING OF ADVERTISING
10.
STREAMING
OF ADVERTISING
omitted
announcement
program.
If performing
no such substitute
timethe
period
or
(b)
In the commercial
event of a material
breach byorthe
Station in
this contract,
Agency
broadcast
station
may not,
streaming
or otherwise,
disseminate
any commercial
announce(a)
The Station
may
not,byby
streaming
or otherwise,
disseminate
any commercial
makegood
acceptable
to the
Station
allow
Agency (1) with respect to
9. A
BROADCAST
LIABILITIES
reserves
theisright
to cancel
this Agency,
contractthe
at any
timeshall
upon
priorthe
notice.
ment
governed
this contract
on
any
Internet
Web
without
prior
written
approval
of
the
announcement
governed
by this
contract
onAgency
any site
Internet
Web
site
without
the prior
written
a program, a pro rata reduction in the time and/or program charges hereunder in the amount
(a)
The
Station by
agrees
to hold
and
save
the
and
the
Advertiser
harmless
against
all
Agency.
approval
of the Agency.
money TO
assigned
to the time and/or program charges at time of purchase and (2) with
liability
resulting
from the broadcast of (1) program material except program material furnished
5. of
FAILURE
BROADCAST
respect
commercial
announcement,
a reduction
in the time
chargesimposed
equal toby
thelaw,
amount
by the Agency and (2) musical compositions licensed for broadcasting by a music licensing
(a)
If, duetotoa public
emergency
or necessity,
force majeure,
restrictions
acts
11.organization
GENERALof which the Station is a licensee. The Agency agrees to hold and save the Station
assigned
to the commercial
time of purchase.
TheorAgency
shall 10.
of money
God, labor
disputes
or for any announcement
other cause, at
including
mechanical
electronic
(a) The Station
exercise
normal
precautions
in handling
of property
andor mail,
but
have the benefit
of thethe
same
discount
which would
have
earned or
if there
had been
no
harmless
against shall
all liability
resulting
from
the broadcast
of commercial
material
program
breakdowns,
beyond
Station’s
control,
there is
an been
interruption
omission
of any
assumesfurnished
no liability
for Agency
loss of except
or damage
to program
or commercial
and other
interruption or
omission in the
material
by the
musical
compositions
licensed as material
stated above.
commercial
announcement
or broadcast.
program contracted to be broadcast hereunder, the Station
property
furnished
by
the
Agency
prior
to
receipt.
The
Station
will
not
accept
or
process
mail,
may suggest a substitute time period or makegood for the broadcast of the interrupted or
telephone calls in connection with broadcasts except after the Station's
6. omitted
SUBSTITUTION
OF PROGRAMS
OFor
PUBLIC
SIGNIFICANCE
10.correspondence,
STREAMING OForADVERTISING
commercial
announcement
program.
If no such substitute time period or
priorThe
approval.
(a) The Station
shall haveto
the
right
to cancel
any broadcast
or portion
thereof
by this
(a)
Station may not, by streaming or otherwise, disseminate any commercial
makegood
is acceptable
the
Agency,
the Station
shall allow
the Agency
(1) covered
with respect
to
in order
broadcast
program
which, program
in its absolute
discretion,
it deems
to be of
announcement governed by this contract on any Internet Web site without the prior written
acontract
program,
a pro to
rata
reductionany
in the
time and/or
charges
hereunder
in the amount
(b) This contract,
including the rights under it, may not be assigned or transferred without first
public
significance.
In the
anytime
suchand/or
case, program
the Station
will notify
Agency inand
advance
approval
of the Agency.
of
money
assigned to
charges
at timethe
of purchase
(2) withif
obtaining the consent of the Station in writing; nor may the Station be required to broadcast
reasonably
but announcement,
where such notice
cannot reasonably
given, the
Station
notify
respect
to apossible,
commercial
a reduction
in the timebe
charges
equal
to thewill
amount
the benefit of any Advertiser other than the one named on the face of this contract.
themoney
Agency
within one
business
day after
such scheduled
broadcast
has been
11.hereunder
GENERAL
of
assigned
to the
commercial
announcement
at time
of purchase.
Thecancelled.
Agency shall
(a) The Station shall exercise normal precautions in handling of property and mail, but
have the benefit of the same discount which would have been earned if there had been no
(c)
Failure
of
the Station
or the
to enforce
any oforthe
provisions material
herein shall
be
(b)
If
the
Agency
and
the
Station
cannot
agree
upon
a
satisfactory
substitute
day
and
time,
the
assumes no liability
for loss
of Agency
or damage
to program
commercial
andnot
other
interruption or omission in the broadcast.
construed
as a general
or receipt.
waiver as
that orwill
anynot
other
provision.
broadcast time so preempted shall be deemed cancelled without affecting the rates, discounts,
property
furnished
by therelinquishment
Agency prior to
ThetoStation
accept
or process mail,
rights providedOFunder
this contract,
except SIGNIFICANCE
that the Agency shall not have to pay the
correspondence, or telephone calls in connection with broadcasts except after the Station's
6. or
SUBSTITUTION
PROGRAMS
OF PUBLIC
(d) The
Station’s obligation hereunder are subject to the terms and conditions of licenses held
cancelled
Station
charges.
However,
such any
a case,
if the program
substituted
by the by
Station
prior
approval.
(a)
The Station
shall
have the
right to in
cancel
broadcast
or portion
thereof covered
this
by it and to applicable Federal, state and local laws and regulations.
is a sponsored
program,
theany
Station
shallwhich,
pay to
theabsolute
Agency,discretion,
the Agency’s
actual
noncontract
in order to
broadcast
program
in its
it deems
to be
of
cancelable
live talentIncost
by thethe
Agency
forwill
the notify
production
of a liveinprogram
(b) This contract, including the rights under it, may not be assigned or transferred without first
public
significance.
anyincurred
such case,
Station
the Agency
advance(not
if
taped nor recorded)
thewhere
cancelled
the reasonable
cost ofwill
tapes
or
(e) This contract
contains
the
entire inagreement
between
parties
subject
obtaining
the consent
of the
Station
writing; nor
may thethe
Station
be relating
requiredtotothe
broadcast
reasonably
possible, in
but
such time,
noticeand
cannot
reasonablyallocated
be given,rental
the Station
notify
recordings
for the cancelled
broadcast
and broadcast
not usablehas
forbeen
future
scheduling.
matter herein
contained,
and
no change
or than
modification
of any on
of its
hereunder
the benefit
of any
Advertiser
other
the one named
theterms
face ofand
thisprovisions
contract.
the
Agency scheduled
within one business
day after such
scheduled
cancelled.
shall be effective unless made in writing.
(c) Failure of the Station or the Agency to enforce any of the provisions herein shall not be
(b) If the Agency and the Station cannot agree upon a satisfactory substitute day and time, the
construed as a general relinquishment or waiver as to that or any other provision.
broadcast time so preempted shall be deemed cancelled without affecting the rates, discounts,
or rights provided under this contract, except that the Agency shall not have
to pay the
COPYRIGHT
NOTICE
(d) The Station’s obligation hereunder are subject to the terms and conditions of licenses held
cancelled Station charges. However, in such a case, if the program substituted by the Station
Any AAAA member is authorized to use the copyrighted form. Non-member agencies are permitted to use the form without the “Member of AAAA” imprint and with
by it and to applicable Federal, state and local laws and regulations.
is a sponsored program, the Station shall pay to the Agency, the Agency’s actual nona disclaimer on the front that says they are non-members.
cancelable live talent cost incurred by the Agency for the production of a live program (not
(e) This contract contains the entire agreement between the parties relating to the subject
taped nor recorded) in the cancelled time, and the reasonable allocated
cost
of tapesAor
Copyrightrental
© 2005
AMERICAN
SSOCIATION of ADVERTISING AGENCIES, INC.
matter herein contained, and no change or modification of any of its terms and provisions
recordings scheduled for the cancelled broadcast and not usable for future scheduling.
shall be effective unless made in writing.
1. PAYMENT AND BILLING
(a) The Station will bill the Agency monthly, using the standard broadcast month, unless
otherwise provided on the face of this contract.
CONDITIONS
CONDITIONS
COPYRIGHT NOTICE
COPYRIGHT
NOTICE agencies are permitted to use the form without the
Any 4A’s member is authorized to use the copyrighted
form. Non-member
Any AAAA member is authorized to use the copyrighted form. Non-member agencies are permitted to use the form without the “Member of AAAA” imprint and with
“Member of 4A’s” imprint and
with
a
disclaimer
on
thearefront
that says they are non-members.
a disclaimer on the front that says they
non-members.
Copyright © 2013 AMERICAN ASSOCIATION of ADVERTISING AGENCIES
Copyright © 2005 AMERICAN ASSOCIATION of ADVERTISING AGENCIES, INC.