Advertising Contract

The Big 816 Advertising Agreement
Business: The Big 816 (Internet Radio)
Owner: Reginald Coker
Jurisdiction: Missouri, United States
1) Parties
This Advertising Agreement (“Agreement”) is between:
The Big 816 (“Publisher”), and
Advertiser: __________________________________ (“Advertiser”).__
Primary Contacts
Publisher Contact: __________________________________
Advertiser Contact: __________________________________
2) Campaign Details (Insertion Order)
Campaign/Package Name: ______________________________
Start Date: ___ / ___ / ____ End Date: ___ / ___ / ____
Flight(s)/Schedule: __________________________________
Ad Format(s): (e.g., audio spot 15/30/60-sec, live read, show sponsorship, display banner, social post)
Creative Due Date(s): _________________________________
Target Show(s)/Time(s): _______________________________
Impressions/Spots/Deliverables: _______________________
Makegoods Policy: ____________________________________
Tracking/UTM requirements: ___________________________
Landing URL: _________________________________________
Promo Code (if any): __________________________________
3) Fees and Payment
Total Campaign Fee: $_____________ (USD)
Payment Terms: (select one)
Prepaid in full prior to start; or
Net ___ days from invoice date.
Late Payment: Past-due balances may incur the lesser of 1.5% per month or the maximum allowed by law.
Nonrefundable Setup/Production Fees (if any): $__________.
Taxes: Advertiser is responsible for applicable taxes, excluding Publisher’s income taxes.
4) Creative Materials
Advertiser will supply final, broadcast-ready creatives by the due date(s).
The Big 816 may offer production services upon request; fees quoted separately.
If creatives are late or noncompliant, The Big 816 may reschedule, substitute, or charge reasonable production/editing fees.
The Big 816 may reject any creative that violates law, policy, technical specs, or community standards.
5) Delivery and Performance
The
The Big 816 will use commercially reasonable efforts to deliver the agreed placements/spots/impressions within the flight dates.
If under-delivery occurs, The Big 816 will provide makegoods (e.g., bonus spots, extensions) as the sole remedy.
The Big 816 does not guarantee specific results (e.g., clicks, leads, sales) unless explicitly stated in Section 2.
6) Content and Compliance
Advertiser represents and warrants that all creatives, claims, marks, and landing pages:
Are legal, truthful, and not misleading;
Do not infringe third-party rights (IP, publicity, privacy);
Comply with applicable laws and industry guidelines (including FTC advertising disclosures).
Advertiser will promptly notify Big 816 of any required legal disclosures.
Restricted categories may be declined (e.g., illegal products/services, hate speech, adult content, unsafe claims).
7) Editorial Control
Big 816 retains final control over placement, scheduling, and adjacency to specific content.
Sponsorships and live reads will be reasonably consistent with agreed scripts, with on-air talent permitted minor editorial discretion.
8) License and Use of Marks
Advertiser grants Big 816 a non-exclusive, royalty-free license to use Advertiser’s name, logos, and creatives to fulfill this campaign and for reasonable promotion of the campaign on Big 816 channels.
The Big 816 grants Advertiser a limited right to reference the campaign publicly as “Advertiser on The Big 816,” using The Big 816’s marks only as approved in writing.
9) Reporting
Reporting cadence: __________________ (e.g., weekly, end-of-flight).
Metrics may include scheduled spots, run logs, estimated reach, and any agreed digital metrics.
Third-party tracking shall not interfere with user privacy or platform functionality. __
10) Cancellation and Changes
By Advertiser:
14+ days before start: refund of media fees less nonrefundable production/setup.
Within 14 days of start or after launch: The Big 816 will use reasonable efforts to pause; delivered or scheduled-within-72-hours placements are billable; remaining balance may be credited as makegoods at The Big 816’s discretion.
By Publisher: The Big 816 may cancel for cause (e.g., nonpayment, policy breach) or for convenience with pro-rata refund of undelivered media fees.
11) Indemnification
Advertiser will indemnify, defend, and hold harmless The Big 816 and its affiliates against claims, damages, and costs arising from Advertiser’s creatives, products, offers, or breach of this Agreement.
The Big 816 will indemnify Advertiser for claims alleging that The Big 816’s distribution platforms (excluding Advertiser creatives) infringe third-party IP.
12) Limitation of Liability
Neither party is liable for indirect, incidental, special, consequential, or punitive damages (including lost profits).
 The Big 816’s aggregate liability under this Agreement will not exceed the fees paid or payable by Advertiser to The Big 816 for the campaign giving rise to the claim in the 3 months preceding the claim.
These limits do not apply to indemnity obligations for third-party claims or to willful misconduct.
13) No Exclusivity; Conflicts
Unless expressly stated, no category exclusivity is granted. The Big 816 may accept competing advertisers.
14) Confidentiality
Both parties will keep nonpublic campaign terms, pricing, and performance data confidential, except as required by law or to professional advisors under confidentiality obligations.
15) Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., outages, strikes, acts of God). Obligations resume once the event ends; fees will be adjusted pro rata for undelivered media.
16) Term and Termination
Term runs from the Effective Date through completion of the campaign.
Either party may terminate for material breach not cured within 10 days of written notice. Accrued payment obligations survive.
17) Governing Law; Venue
Missouri law governs, without regard to conflict-of-law rules.
Exclusive venue: state or federal courts located in Missouri. Parties consent to jurisdiction.
18) Independent Contractors
Parties are independent contractors. No partnership, franchise, or agency is created.
19) Entire Agreement; Order of Precedence
This Agreement and the Insertion Order (Section 2) constitute the entire agreement and supersede prior discussions.
In case of conflict, the Insertion Order controls, followed by this Agreement.
20) Amendments; Notices; Assignment
Amendments must be in writing and signed (including e-signature).
Notices: via email to the contacts above are deemed given on receipt.
Neither party may assign without consent, except to a successor in interest (e.g., merger, asset sale) with notice.
21) Severability; Waiver
If any provision is unenforceable, the remainder remains in effect.
Failure to enforce a provision is not a waiver.
Signatures
Effective Date: ___ / ___ / ____
Publisher: The Big 816
By: __________________________________
Name/Title: ____________________________
Email: _________________________________
Phone: _________________________________
Signature: _____________________________ Date: ___ / ___ / ____
Advertiser: ____________________________
By: __________________________________
Name/Title: ____________________________
Email: _________________________________
Phone: _________________________________
Billing Address: ________________________
Signature: _____________________________ Date: ___ / ___ / ____