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CLOSE TO HOME RADIO/B RADIO NETWORK AGREEMENT, TERMS AND CONDITIONS

 

1. CONDITIONS

 

Close to Home Radio/B Radio Network ("CTH Radio") is operated by Business Plaza Pty Limited A.B.N. 60 160 215 583.  All advertisements on B Radio Network are known as ‘Sponsorship’ and must always be referred to and tagged as ‘Sponsorship’ or ‘Sponsor of the station’.

 

All Sponsorship on community radio stations is subject to the Broadcasting Services Act 1992 – Sponsorship Guidelines.

 

Sponsor (“Sponsor”) acknowledges that the sole obligation of CTH Radio is to broadcast a sponsor message/advertisement (the "Sponsorship") from Sponsor which conforms to the specifications set out in the applicable Insertion Order which has been executed by CTH Radio and Sponsor (the “Order" and, collectively with these Standard Terms and Conditions collectively called the "Agreement").  These documents represent the entire agreement between the parties notwithstanding anything said prior to or at the time of acceptance of advertising.

Sponsor agrees that:

  • CTH Radio has the right to market, display, perform, transmit and promote the Sponsorship through the agreed CTH Radio station or stations; and

  • listeners of each CTH Radio have the right to access the Sponsorship together with any content or materials linked to the Sponsorship (such Sponsorship and linked content or materials, the ""); and

  • Each CTH Radio station is independent and has its own applicable rate card for Sponsorship.

 

2. ORDER

Receipt of copy by whatever means shall constitute an order for broadcast of the sponsorship and acceptance of these Terms and Conditions. Unless expressly provided for elsewhere in this Agreement:

  • CTH Radio will have no obligation to provide any creative, design, technical or production services to Sponsor; and

  • the nature and extent of any such services which CTH Radio may provide to Sponsor shall be as determined by CTH Radio in its sole discretion.

 

3. SUITABILITY

All Sponsorship is bound by the Broadcasting Services Act 1992.  CTH Radio reserves the right to reject, refuse or require amendment of any sponsorship which it considers unsuitable for broadcast for any reason at its absolute discretion. To the extent CTH Radio notifies Sponsor of reasonable complaints or concerns (including, but not limited to, complaints from a CTH Radio users) regarding the Sponsorship Content or any other content or materials linked thereto or associated therewith ("Objectionable Content"), Sponsor will, to the extent such Objectionable Content is within Sponsor’s control, use commercially reasonable efforts to respond in good faith to such complaints or concerns.

 

4. AUDIENCE/LISTENER DATA

CTH Radio may in its discretion provide Sponsor with Audience/Listener information related to the Sponsorship in substance and form determined by CTH Radio, consistent with its then-standard reporting practices. Sponsor may not distribute or disclose usage information to any third party without CTH Radio's prior written consent.

 

5. LEGALITY

The Sponsor and its agent each warrant to CTH Radio that nothing in the sponsorship audio file, text or artwork infringes any state, federal or local law or regulation or the personal or property rights of any other person. Under the Broadcasting Services Act there are certain categories that may not be broadcast including, but not limited to, tobacco and tobacco products.

 

6. INDEMNITY

The Sponsor and its agent each agree to indemnify CTH Radio and all associated companies, its employees, agents and subcontractors against all damages, costs, expenses, claims, demands and loss of any kind including legal costs arising out of the broadcast or social media post of any sponsorship message and without limiting the generality of the foregoing, to indemnify each of them in relation to defamation, injurious falsehood, passing off, unfair competition or trade practices, breach of contract, misrepresentation, breach of warranty or authority, slander of title, breach of copyright, infringement of trademark or names or titles, violation of rights of privacy, royalties or any breach of statute, regulation or other law giving rise to criminal or civil liability.

 

7. ERRORS

The Sponsor and its agent each agree it is responsible for notifying CTH Radio in writing immediately after broadcast of any error in a sponsorship message which is broadcast and CTH Radio will not be liable to the Sponsor at all for any sponsorship message containing errors being rebroadcast.

 

8. INSTRUCTIONS

CTH Radio will not be responsible for any errors or omissions where sponsorship instructions or copy for live-read and/or proof corrections are placed by telephone.

 

9. POLITICAL CONTENT

All advertisements submitted to CTH Radio relating to any federal, state or local election must comply with the relevant statutes, laws and regulations, and any special conditions B Radio Network requires for such messages. Sponsorships containing material deemed by CTH Radio to be of a political nature must comply with the conditions of the policy of CTH Radio for such sponsorships.

 

10. PAYMENT

All sponsorships must be paid in full to CTH Radio prior to broadcast by CTH Radio stations.

 

11. PAYMENT; CANCELLATION

Sponsor agrees to pay CTH Radio for all sponsorship in accordance with the agreed-upon amounts and billing schedule shown on the relevant Order.

  • Sponsorship packages are non-refundable or pro-ratable except to the extent otherwise expressly contemplated in this Agreement.

  • Sponsor will pay all taxes, duties and other government charges payable or assessed in connection with this Agreement whether applying as at the date of this Agreement or in the future including without limitation goods and services tax, other value added tax, sales or use taxes, stamp duty and turnover tax, but excluding taxes, duties and governmental charges assessed on the income of CTH Radio.

  • Should CTH Radio fail to broadcast the Sponsorship in accordance with the Order due to Sponsor's failure to comply with any requirement of the Order or this Sponsorship, Sponsor will remain liable for the full amount indicated on the Order.

  • CTH Radio reserves the right to modify the broadcast times and other elements of the CTH Radio Service at its sole discretion at any time without prior notice.

  • If such modifications will materially and adversely affect the broadcast of the Sponsorship, CTH Radio will work with Sponsor to broadcast the Sponsorship at a comparable time and manner that is reasonably satisfactory to Sponsor.

  • If CTH Radio and Sponsor cannot reach agreement on a substitute placement, Sponsor shall have the right to cancel the Sponsorship, upon thirty (30) days advance written notice to CTH Radio.

  • In such case, Sponsor will only be responsible for the pro-rata portion of payments attributable to the period from the commencement of the Sponsorship through the effectiveness of such cancellation.

  • CTH Radio reserves the right to cancel and remove at any time any Sponsorship for any reason upon thirty (30) days advance written notice to Sponsor (or upon such shorter notice as may be designated by CTH Radio in the event that B Radio Network believes in good faith that further broadcast of the Sponsorship will expose CTH Radio to liability or other adverse consequences).

  • In the event of such a cancellation, Sponsor will only be responsible for the Pro-Rata Payments.

  • Sponsor may not resell, trade, exchange, barter or broker to any third-party any sponsorship space which is the subject of this Agreement.

 

12. MISCELLANEOUS

  • The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power or authority to enter into any Agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

  • The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.

  • Except where otherwise specified herein or in the Order, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity.

  • Sponsor shall not:

    • issue any press releases or public statements concerning the existence or terms of this Agreement; or

    • use, display or modify CTH Radio's trademarks in any manner without CTH Radio's express prior written approval.

  • CTH Radio may issue any press releases or public statements concerning the existence or terms of this Agreement.

  • Either party may terminate this Agreement at any time with written notice to the other party in the event of a material breach of this Agreement by the other party, which remains uncured after thirty days written notice thereof; provided that CTH Radio shall not be required to provide notice to Sponsor or any cure period in connection with Sponsor's failure to make any payment to CTH Radio required in the Order.

  • In the event of non-payment, CTH Radio reserves the right to terminate the Agreement immediately with written notice to Sponsor.

  • This Agreement sets out the entire Agreement between Sponsor and CTH Radio, and supersedes any and all prior Agreements of CTH Radio or Sponsor with respect to the transactions set out in this Agreement.

  • No change, amendment or modification of any provision of this Agreement shall be valid unless set out in a written instrument signed by both Parties.

  • Sponsor shall not assign this Agreement or any right, interest or benefit under this Agreement without the prior written consent of CTH Radio.

  • This Agreement will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

  • In the event that any provision of this Agreement is held invalid by a court with jurisdiction over the Parties to this Agreement:

    • such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law; and

    • the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.

  • This Agreement will come into force and effect pursuant to provisions deeming that this Agreement shall be in force and effect including, without limitation, upon the provision of content to CTH Radio or other action by Sponsor.

  • This Agreement is governed by the laws of New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts in New South Wales, Australia.

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