STANDARD TERMS FOR BROADCAST & DIGITAL PLACEMENT ORDERS

Broadcast and digital placement orders placed with television stations/websites operated by WNYT-TV, LLC. & wnyt.com, are subject to the following terms and conditions:

  1. Payment
    1. Terms. Payment terms are net thirty (30) days. Past due amounts shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever is less, calculated from the date payment was due until the date payment is received, regardless of whether before or after judgment.
    2. Joint and Several Liability. WNYT-TV, LLC may hold the advertiser that is the subject of the advertisements covered by the broadcast order and any person or entity acting on behalf of the advertiser, such as the advertiser’s advertising agency, (collectively, “Client”) jointly and severally liable for any amounts due as a result of advertisements broadcast &/or displayed by WNYT-TV, LLC.
    3. Materiality. Date of payment is material in all cases. Failure to make timely payment may result in the suspension of performance by Hubbard.
    4. Right to Modify. WNYT-TV, LLC shall have the right to modify the terms of payment if Client’s creditworthiness is materially impaired, as determined by WNYT-TV, LLC in its sole discretion.
    5. Billing. WNYT-TV, LLC will bill at monthly intervals unless otherwise arranged. Invoices shall be in accordance with station’s logs and shall be deemed correct unless proven otherwise.
    6. Taxes. Client shall be responsible for and shall timely pay all taxes of any kind or nature, but excluding taxes on the income of Hubbard, due as a result of advertisements broadcast and/or displayed by WNYT-TV, LLC on behalf of Client.
    7. Returned Check Fees. In addition to any remedies that may be available at law or in equity, WNYT-TV, LLC may impose a service charge of $50.00 on Client if a check or payment of Client is returned for insufficient funds.
    8. Disputes. WNYT-TV, LLC must be notified within fifteen (15) days of the date of invoice if Client disputes any portion of the invoice, otherwise the invoice will be considered accepted by Client as correct and payable in full. Review of disputes raised beyond the fifteen (15) day period will be at the sole discretion of WNYT-TV, LLC. Client shall timely pay the undisputed portion of a disputed invoice. Client shall timely pay amounts owed on adjusted invoices. Unpaid amounts hereunder shall be subject to interest charges as provided above.
  2. Cancellations. WNYT-TV, LLC and Client may each cancel broadcast orders without cause on fourteen (14) days’ advance written notice leading into the next full month of service.
  3. Breach. WNYT-TV, LLC shall have the right to cancel a broadcast &/or digital placement order at any time on default by Client in the payment of invoices or other material breach of the terms hereof. On such cancellation, all charges for broadcasting and/or digital placement provided hereunder and not paid shall become immediately due and payable.
  4. Inability to Broadcast. WNYT-TV, LLC shall not be liable to Client if WNYT-TV, LLC is unable to broadcast and/or place advertisements due to public emergency or necessity, an event of force majeure, restrictions imposed by law, acts of God, labor disputes or any other cause beyond Hubbard’s control, including mechanical breakdown.
  5. Preemptions.  WNYT-TV, LLC shall have the right to preempt advertisements placed by Client in order to broadcast a program that WNYT-TV, LLC deems to be of public significance.  In such event, WNYT-TV, LLC shall give Client as much notice as is commercially reasonable and provide client makegood advertisements or a pro rata reduction in the amount due from Client.
  6. Production. Unless otherwise agreed by WNYT-TV, LLC and Client, Client shall deliver its advertisements in a form ready for broadcast &/or display, and Client shall pay all expenses incurred in connection with the production and delivery of its advertisements. If Client fails to deliver advertisements to WNYT-TV, LLC at least twenty-four (24) hours prior to the date of broadcast &/or display (or by the close of business on the day immediately prior to weekends or holidays), WNYT-TV, LLC shall have the right to broadcast substitute advertisements, if available, and Client shall remain obligated to pay for the use of the broadcast time.
  7. Approval of Material. All materials submitted by Client for broadcast &/or digital placement by WNYT-TV, LLC are subject to approval by WNYT-TV, LLC. WNYT-TV, LLC shall have the right to edit or reject any materials that do not meet WNYT-TV, LLC’s standards for content and/or technical quality, as determined by WNYT-TV, LLC in its sole discretion. In addition, WNYT-TV, LLC shall have the right to broadcast substitute advertisements, if available, and Client shall remain obligated to pay for the use of the broadcast time.
  8. Ownership. As between Client and WNYT-TV, LLC, Client shall be deemed the owner of all materials delivered by Client for broadcast &/or display by WNYT-TV, LLC, and WNYT-TV, LLC shall be deemed the owner of all materials produced by WNYT-TV, LLC in connection with the broadcast &/or display of advertisements on behalf of Client.
  9. Miscellaneous
    1. Broadcast Times. WNYT-TV, LLC shall perform the broadcasts &/or digital placement covered by the order on the days and approximately the times set forth therein.
    2. Handling of Materials. WNYT-TV, LLC shall have no liability for loss or damage to materials supplied by Client, except to the extent caused by the gross negligence or willful misconduct of WNYT-TV, LLC.
    3. Assignment. Client shall not assign or transfer its obligations under a broadcast and/or digital placement order without the prior written consent of WNYT-TV, LLC, nor shall WNYT-TV, LLC be required to perform under a broadcast and/or digital placement order for the benefit of any third party.
    4. Applicable Law. Broadcast orders shall be governed by and construed in accordance with the Communications Act of 1934, as amended, the rules and regulations of the Federal Communications Commission and the laws of the State of Delaware. The substantially prevailing party in any suit, action or proceeding brought in connection with a broadcast order shall be entitled to payment by the other party of all attorneys’ fees, collection costs, court fees and other expenses incurred by the substantially prevailing party, regardless of whether incurred before or after judgment.
    5. Waiver.No waiver of any breach of a broadcast and/or digital placement order by either party shall constitute a waiver as to any future breach.
    6. The Station does not discriminate on the basis of race, ethnicity, gender or national origin in any of our advertising practices.