Loading...
HomeMy WebLinkAboutA8992 - BGF LLC DBA GAY DESERT GUIDEOASIS MARKETING0 OWN BGF LLC dba Gay Desert Guide/Oasis Marketing Group 610 S. Belardo Rd Suite 1000 Palm Springs California 92264 Bill To Palm Springs IMennational Airport Daniel Meier 3400 E. Tahquitz Canyon Way #1 Palm Springs, California, 92262 1 Digital Ad Campaign OTT + Video Pre -Roll Targeting 11 /0112021 to 03131 /2022 - $3,000 per month 2 Digital Ad Campaign Social Mirror Arts 11 /01/2021 to 03r31 /2022 Nov & Dec 2021 / Feb & Mar 2022 - $3.0W per month Jan 2022 - $1,500 3 Digital Ad Campaign Over The Top Video (OTT) 11101 /2021 to 03/31 /2022 - $3,000 per month 4 Digital Ad Campaign Social Mirror Ads 11 /01 /2021 to 03/31 /2022 - $2,500 per month Terms & Conditions Sales Order Sales Order* SO-2021172 Order Date: Monday, November 01, 2021 Terms: Net 30 Sales person: Brad Fuhr 1.0 15,000.00 15,000.00 Monthly 1.0 13, 500.00 13, 500.00 Monthly 1.0 15, 000.00 15, 000.00 Monthly 1.0 12, 500.00 12500.00 Monthly Sub Total 56,000.00 Total $56,000.00 Customer Order Terms of Agreement-GayDesertGuide/8GF LLC & KGAY PSP Corp. 1. BGF LLC dba Gay Desert Guide (Gay Desert Guide), KGAY PSP and Oasis Marketing Group reserves the right to change rates or terminate this agreement upon 30 days written notice to Advertiser. Payment Is due net 30 per the invoice that will be emalled to you via our electronic accounting system. The deposit when due, must be paid before advertising commences. Acceptance of all advertising is subject to Gay Desert Gulde's approval. 2. Advertiser can terminate this contract upon 30 days written notice to Gay Desert rwde. Upon termination of agreement, Advertiser must pay any outstanding balance due (if applicable.) e c. 3. Client agrees to defend, Indemnify, and hold harmless Gay Desert Guide from loss or expense on claims or suits based upon contents for the subject matter of such advertisements. This indemnification includes but is not limited to suits for libel, copyright Infringement and unauthorized use of a person's name or photograph 4. Reduced rate contracts are for multiple insertions within a 12-month period. if contract Is not completed during this period, Advertiser will be "short rated, Le. billed for the difference between the contract rate and the higher applicable rate for the actual number of Insertions published. 5. Cancellation of any portion of this agreement voids all rate and position protection. 6. Advertising material should be fumished to Gay Desert Guide in the format that Gay Desert Guide has deemed acceptable. If type, artwork or other production services are requested or necessary, these will be charged to the advertiser. 7. Gay Desert Guide' liability for any error will not exceed the cost of the space occupied by the erroneous ad. 8. If Gay Desert Guide Is required to file suit for recovery of any monies due and payable, Advertiser agrees to pay reasonable collection costs and outside attorneys fees. 9. All prior agreements between the parties are Incorporated into this agreement, which consists of the Advertising Contract and this Customer Order Terms of Agreement attached thereto (collectively, the ;Agreement') and which constitutes the entire agreement between the parties. The terms of this Agreement are intended by the parties as a final expression of their agreement with respect to such terms as are Included herein and may not be contradicted by evidence of any prior agreement. This Agreement constitutes the complete and exclusive statement of the terms of the partles' agreement and no extrinsic evidence whatsoever may be Introduced In a judicial or arbitration proceeding, If any, involving this Agreement 10. Advertisement (artwork/placement/color/etc.). Gay Desert Guide does not guarantee that advertiser's advertising will have any specific position on the page unless specified in the contram We reserve the right to modify camera ready or'spee art that does not comply with our ad specifications and/or does not meet our standards or the law. 11. NOTICES. All notices under this Agreement will be In writing. Notice will be considered received, delivered and effective three (3) days following posting when mailed, postage prepaid, by registered or certified United States mail, return receipt requested, addressed to the parry to be notified. If delivered in person, notice will be considered received, delivered and effective the date so delivered. For purposes of notice, the addresses of the parties, until changed as herein provided, will be as provided on the reverse side of this Customer order. I Z NO RULE OF STRICT CONSTRUCTION. This Agreement was jointly negotiated and jointly drafted by the parties, and It will not be Interpreted In favor or against any party on the ground that said party drafted the Agreement. 13. ASSIGNMENT. Neither party hereto shall assign or transfer this Agreement or all or any part of Its rights and/or obligations hereunder to any person, firm, corporation or entity without the prior written consent of the other party. This Agreement Is binding upon and Inure to the benefit of the parties hereto and their successors, representatives and assigns forever. 14. MODIFICATION AGREEMENT. This Agreement may not be altered, modified, or amended except by an instrument in writing signed by bath of the parties hereto. This Agreement (and any and all exhibits attached hereto) constitutes the entire agreement between the parties and Advertiser has not relied and will not rely upon any prior or contemporaneous oral agreements between the parties. 15. LEGALITY. Nothing contained In this Agreement shall be construed to require the commission of any act contrary to law and wherever there Is any conflict between any provisions of this Agreement and any material statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, then the latter shall prevail; provided, however, that in any such event the provisions of this Agreement se affected shall be curtailed and limited only to the extent necessary to bring them within applicable legal requirements. 16. GOVERNING LAW. This Agreement will be governed and construed In accordance with the laws of California. Our mailing address is: BGF LLC,610 S. Belardo Rd Suite 1000, Palm Springs, CA 92264 Phone 760-813-2020 17. REPRESENTATIVES AND WARRANTIES. The person entering Into this Agreement fo r Advertiser warrants that he/she is authorized to do so, and on behalf of Advertiser represents and warrants: (a) that Advertiser is In compliance with all applicable laws, Including licensing requirements; (b) that Advertiser is a duly authorized agent for the product or services to be advertised; and (c) Advertiser has the right to use any trademark, service mark, trade name, artwork, photographs, Illustrations and/or copy righted material appearing In the advertising text supplied by Advertiser. Advertiser agrees that It will save and hold Gay Desert Guide harmless from and against any and all claims and demands asserted against Gay Desert Guide by reason of the falsity of the foregoing representations, breach of the foregoing warranties, or by reason of the falsity of any portion of said advertising or the name of copyrighted material therein, and agrees to notify Gay Desert Guide Immediately In writing of arry change In such ownership or authorization. Advertiser shall indemnify and hold Gay Desert Guide harmless from all liabilities and costs, including reasonable outside attorneys fees, incurred In connection with Advertiser's breach of any of the foregoing representations and warranties or for any claim made on account of Gay Desert Guide publication or the advertising text supplied by Advertiser to Gay Desert Guide, Including without Ilmltation, and without limiting the generality of the foregoing claims of false advertising or infringement on the Intellectual property or rights of third parties. For AdveJustin CI on Date City of Palm Springs / Palm Springs International Airport PROVED AST FORM Print Advertiser Name & Business Name C A om Date t ZAfA-4 , For BGF LLC/KGAY PSP Hairpin %%a 979 ST.. y Clerk