Hereinafter called “ADVERTISER”
hereby agrees to purchase from Soluciones InterMedia
S.A. hereinafter called “ SIM” advertising
space on _____ panels on rooftops on ______ taxicabs
operated by TAXI CABS in the City of San Jose and
Country of Costa Rica upon the following terms and
conditions.
1. DESCRIPTION OF PURCHASE: Advertiser
Selected Sale Package.
2. DURATION: Advertising space is
rented for ___________ month(s) of display, scheduled
to start on or about ____________, 20___.
3. PAYMENT: ALL campaigns are pre-paid.
ADVERTISER agrees to pay "SIM" the rate
of $______net, per panel, per month for the display
of the Client’s poster on the above taxicab
fleet.
4. ART WORK: ADVERTISER shall furnish
all artwork to “SIM” for ad pre-approval
by “SIM” before campaign begins. Only
“SIM” reserves the right for ad approve.
"SIM" reserves the right to place additional
logo/s from campaigns derived from Soluciones InterMedia
as a mandatory addition to artwork. "SIM"
will forward mandatory logo artwork to ADVERTISER
for insertion into artwork to "SIM" specifications.
ADVERTISER shall furnish to “SIM” posters
and/or artwork necessary to fulfill this agreement.
Posters produced by “SIM” shall be billed
in accordance with “SIM” poster and service
fee schedule in effect on the date such posters are
ordered. Failure to provide posters timely shall not
suspend charges for scheduled services. Space rate
as per Paragraph 2. includes the changing of advertising
posters one time, and only in the 3rd month from start
of campaign without additional cost to the ADVERTISER.
Any additional poster changes required by the Client
in excess shall be invoiced to the ADVERTISER according
to the Package Add-Ons – “Advertising
Ad Changes” conditions and rates of per poster
changed.
Posters to be furnished by ADVERTISER shall meet
“SIM” specifications and approval. ADVERTISER
assumes any and all additional costs should ADVERTISER
not meet specifications and/or approval.
5. POSTER PRODUCTION COST: Produced
by ”SIM” posters in 8 flat colors ordered
by ADVERTISER.
6. TERMS: All Sale Packages and/or
Additional Ad-Ons purchased by ADVERTISER are and
shall be pre-paid in full by ADVERTISER to “SIM”
before the start of ad campaign or additional purchase.
Should advertising serviced be interrupted in part
or in total because of Cab Company strike, lockout,
catastrophe or nay other reason beyond the control
of “SIM”, Advertiser shall wait for said
period as "SIM" resumes normal business
operations to continue to serve remainder of outstanding
service purchased. "SIM" DOES NOT
issue refunds under any circumstances and reserves
the right to do so: to any or all payments it recieves.
7. ADVERTISER: understands that
a “panel” does mean only one advertising
panel of a three-sided carrier and also agrees that
advertising other than Client’s advertising
copy may be simultaneously carried on the same carrier.
“SIM” is responsible for installation
and display on above named taxicabs but does not warrant
placement of Client’s poster copy upon any particular
designated portion of the advertising carriers, whether
right, left, or rear panels.
8. COPY: Poster must be delivered
to the “SIM” office at least twenty (20)
days prior to the date required for posting of the
ADVERTISER’S posters on taxicabs. Failure to
furnish poster or make copy available to “SIM”
to produce the posters timely as required, shall not
suspend charges for scheduled services. “SIM”
shall have the right of approval of ADVERTISER’S
copy. However, such approval shall not be arbitrarily
withheld. The approved copy of the Artwork for the
posters should be furnished to “SIM” within
thirty (30) days from the date of this Agreement.
9. CONDITIONS: “SIM”
shall not be responsible or liable for damages resulting
out of any failure of performance of any of the terms
and provisions of this Agreement whether caused by
“SIM”, factors beyond “SIM”
control or for any reason whatsoever. Should such
failure actually occur as above described and become
known to the ADVERTISER, ADVERTISER shall promptly
notify “SIM” in writing at the home office.
If the ADVERTISER did not cause such failure or did
not know of the same, or knowing of such failure did
promptly notify “SIM” in writing, then
the exclusive remedy for such failure shall be an
extension of this Agreement, but in no event in excess
of six (6) months at the end of this Agreement. If
ADVERTISER has caused a poster error, ADVERTISER shall
also be liable for the cost of corrected posters.
Default by the ADVERTISER of any payment when due
shall give “SIM” the right to suspend
further display of ADVERTISER’S posters, reasonable
costs of collection including attorney’s fees
shall be additional indebtedness due from ADVERTISER.
Notice of Bankruptcy by ADVERTISER, “SIM”
shall have the option to immediately suspend advertising
display on taxicabs and declare the Agreement totally
payable. This Agreement is binding upon the parties
hereto, their successors, heirs, executors, administrators
and/or assigns.
10. AGREEMENT EFFECTIVE: All understandings,
presentations and conditions are herein set forth
in the Agreement which contains the entire Agreement
between the parties. This Agreement cannot be altered
or amended except by an Agreement between the parties
hereto. This Agreement or any amendments or alterations
become effective upon acceptance at the home offices
of “SIM” by a duly authorized officer
of “SIM”.
11. AGREEMENT CONDITIONS: “SIM”
reserves the right to enter into Agreement with any
ADVERTISER. ADVERTISER shall be responsible for any
or all additional costs that are not stated in this
Agreement that may arise to any circumstance regardless
for the direction of fault. “SIM” reserves
the right to final judgment for any and all claims
that may arise between “SIM” and ADVERTISER.
ADVERTISER is and shall be bound without contest to
final judgment that may be rendered by “SIM”
to any or all claims.
12. Mandatory Logo Addition: Advertiser
agrees to insert artwork logo of the "Ricky"
Campaign. To cover an area no larger than 5 square
inches. Logo must be positioned lower right corner
of Artwork Ad. View the "Ricky" Campaign
Details.
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