Terms and Conditions
MOBILE BILLBOARD DISPLAY AGREEMENT

AUTHORIZATION:  The advertiser named above together with advertiser’s advertising agency, if any (hereinafter referred to jointly as the “ Advertiser”), hereby authorizes and contracts with Zoom Marketing Inc. (hereinafter referred to as the “ZM”), of Idaho Falls, ID. to provide advertising services.

  1. Copyright/Trademark:  Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or deferral.  Advertiser agrees to defend, indemnify and hold “ZM” free and harmless from any and all loss, liability, claims and demands, including attorney’s fees arising out of the character contents or subject matter of any copy displayed or produced pursuant to this contract
  2. Payment Terms:  Unless otherwise stated on the contract, all payments are due on the 1st (first) of each month. Campaigns that start before the first of the month will be prorated. Following the contract, advertiser will be billed month to month. If Advertiser fails to pay, advertiser will have a 10 day grace period. Following the 10 grace period, a late Fee of $100 will be applied to the invoice. Delinquent payment will be considered a breach of this contract. 
  3. Contracts: Contracts can be paid in full or month to month. Following the 6 months or on the 7th month, payments will continue the 1st of each month or until advertiser cancels. Promotional rates will continue past the contacted term. If a advertiser cancels promotions and or rates will end.   
  4. CONTRACTS FOR POLITCAL RELATED ADS DO NOT QUALIFY FOR BILLING.  ALL POLITICAL MUST BE PRE-PAID IN FULL.
  5. Cancellation or Package Change: Advertisers may move up in packages at any time with no fee. Moving down in package, a fee will be accessed of $250. If advertiser cancels for any reason before contract is complete, promotional rates are voided, the monthly cost will revert back to normal rates, and either past discounts or the remainder of the contract will be due whichever is the least amount. Any Breach of contract written notification will be sent to the advertiser. The cancellation of this agreement shall be the end of the month in which the written notification is either received or sent by ZM.  If advertiser cancels and at a later date comes back, promotional rates may not apply. 
  6. A $15 processing fee is added for all card transactions for monthly payments. If Contract is paid in full with a check, the processing fee is waived.
  7. A $30 fee will be charged for returned checks.
  8. Entire Agreement:  This contract, all pages, constitutes the entire agreement between “ZM” and Advertiser.  “ZM” shall not be bound by any stipulations, conditions, or agreements not set forth in this contract.  Waiver by “ZM” of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision.
  9. Termination:  All contracts are non-cancellable by Advertiser without the written consent of “ZM”.  Breach of any provisions contained in this contract may result in cancellation of this contract by “ZM”.
  10. Art Work:  Artwork is to be delivered a minimum of three (3) working days from the initial service date. Three (3) working days for Ad Changes.
  11. Advertiser Provided Production:  The Advertiser is responsible for producing, transmitting, and shipping any materials or digital content required for a campaign.  Advertiser failing to provide the required content or materials by the campaign start date will not qualify for a refund or pro-rate of any costs. 1920 X 1080 Design Format. Video content is not excepted.
  12. Truck/Sign Reservation:  Until acceptance and execution of this contract by “ZM.” the “Advertiser” agrees that no reservation of the above described display truck or sign is made by “ZM.” and further, that this contract is contingent upon the availability of the above truck/sign at the time of presentation of this contract for acceptance.
  13. Interruption of Service:  “Advertiser” understands that service may be temporarily interrupted for Amber Alert messages, emergency messages, mechanical breakdowns, weather interruptions (at sole discretion of “ZM”) or any other unforeseen interruptions in service.  If the delay is longer than ten percent of the total time contracted, “ZM” will supply equal time at a later date or pro-rate the charges.  Any pro-rated refund will not exceed fifty percent of the original contract amount.  “Advertiser” also understands that the driver will take small breaks throughout the advertised time.  Client message will always be left on during these breaks.
  14. Decency:  “ZM.” reserves the right to refuse any ad or advertisement that it may deem offensive, illegal, or in bad taste of its own brand or image.  This determination is made at the sole discretion of “ZM.” management with or without cause.  “Advertiser” agrees not to advertise or promote any illegal activity.  Failure to comply may result in termination of this agreement without refund.
  15. Advertiser Supplied Content License and Indemnity Agreement

Copyright/Trademark:  Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal.  Advertiser agrees to defend, indemnify and hold Zoom Marketing free and harmless from any and all loss, liability, claims and demands, including attorney’s fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this contract.

Advertiser Supplied Content – When Advertiser desires to purchase digital advertising from Zoom Marketing featuring images, photographs, graphics, text, data, video, or other such media (“Advertiser Supplied Content (ASC)”) that will be provided by Advertiser, some of which may be owned and or provided, directly or indirectly, by a third party (hereinafter “Third Party Advertiser Supplied Content or Third Party ASC”)

  1. The Advertiser shall be solely responsible to ensure the appropriateness and inoffensive or otherwise innocuous nature of the ASC or Third Party ASC.
  2. Advertiser acknowledges that Advertiser is solely responsible for acquiring, licensing, and/or purchasing any Third Party ASC and/or has the authority to use and to license ASC and Third Party ASC.
  3. Advertiser warrants that the ASC and /or Third Party ASC will comply with all applicable local, state and federal laws and regulations.
  4. Advertiser shall be solely responsible for the truthfulness, accuracy, integrity and lawfulness of the ASC and/or Third Party ASC.
  5. Advertiser shall defend, cover, indemnify, and hold Zoom Marketing harmless for all loss, expenses or damages of whatever nature, which may be incurred by Zoom Marketing as a result of any claims or actions in connection with Advertiser or Advertiser affiliates and subsidiaries for use of the ASC or Third Party ASC.  Claims of Actions shall specifically include but not be limited to the ASC’s public appropriateness.  The forgoing duty to defend, cover and indemnify shall include, without limitation a duty to pay any attorneys’ fees and other costs of defense incurred by Zoom Marketing.
  6. Advertiser hereby grants to Zoom Marketing paid up, non-exclusive, royalty free license to use, reproduce, display, perform and modify the ASC and Third Party ASC, on its digital displays or to adapt the ASC and Third Party ASC for such use.  The license granted herein includes the right to prepare works which may be considered derivative work of the ASC and/or Third Party ASC or any intellectual property contained therein.  Additionally, Advertiser grants to Zoom Marketing such trademark license rights as may be necessary for Zoom Marketing to use the ASC and Third Party ASC on its digital displays.