{"id":42567,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/media-placement-services-agreement-frederiksen-television-inc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"media-placement-services-agreement-frederiksen-television-inc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/media-placement-services-agreement-frederiksen-television-inc.html","title":{"rendered":"Media Placement Services Agreement &#8211; Frederiksen Television Inc. and And Justice for All Inc."},"content":{"rendered":"<pre>\n                       MEDIA PLACEMENT SERVICES AGREEMENT\n\n         This Agreement dated this 19th day of March, 1999, is made between\nFrederiksen Television, Inc., a Virginia corporation (hereinafter referred to as\n'FTV') and And Justice For All, Inc., a Florida corporation (hereinafter\nreferred to as 'Client').\n\n         1. FTV will act as a media placement agency for Client's television\ndirect response campaign for legal referral services known as 'Legal Club of\nAmerica(R).' Media placement shall mean the direct and indirect purchase of\ncable, broadcast, and satellite airtime (including, without limitation, all\nthird-party costs associated with the placement of media, where applicable).\n\n         2. FTV shall prepare a media plan for an initial media test to be\nconducted by FTV for Client, which plan shall set forth the amounts, markets,\nand times mutually agreed upon in writing by the parties to this Agreement (the\n'Approved Media Plan'). The first phase of an Approved Media Plan may test one\nor more offers. Subsequent media will be placed by FTV for further testing and\nroll-out as required and in amounts agreed upon in writing by the parties to\nthis Agreement.\n\n         3. FTV and Client will make reasonable efforts to arrange for Client to\nreceive weekly reports, which present the media aired and the orders received\nfor each airing. FTV will provide additional reports as reasonably requested by\nClient.\n\n         4. All production work such as dub masters, broadcast dubs, special\nedits and shipping of dubs express charges are additional costs not included in\nthe cost of the media buys. Client agrees to pay such costs directly or to\nreimburse FTV for all reasonable out-of-pocket expenses incurred by FTV, such as\nUPS, Federal Express, couriers, etc. related to media placed on behalf of\nClient.\n\n         5. Client will bear financial responsibility for media placed on its\nbehalf under the terms of this Agreement.\n\n         6. Media payment terms are cash in advance. An invoice will be\nforwarded to Client for the initial media test upon receipt of the Approved\nMedia Plan which amount is due at least four (4) weeks in advance of the initial\nmedia airing. As rollout commences, a schedule of media will be provided along\nwith an invoice reflecting media scheduled to air. Typically, this process\ninvolves advancing money on a weekly basis at least two to four weeks in advance\nof scheduled airings.\n\n         7. If FTV is trafficking tapes (edits and sending of tapes to stations)\nfor Client under FTV's account, then Client shall make a reasonable deposit to\nFTV for such trafficking charges. The amount of this deposit will be determined\nfollowing approval by Client of the Approved Media Plan. Once the deposit is\nexhausted, all charges will be due and payable as incurred.\n\n\n\n         8. Client recognizes that individual stations or other media outlets\nhave individual policies regarding payment terms and cancellations (typically\ntwo to four weeks) for direct response and agrees to abide by them.\n\n         9. For the placement of media for Client, FTV will receive a media\ncommission as its sole compensation for the media placement services as follows:\ntwelve percent (12%) commission for each media test; thereafter, the parties\nshall negotiate in good faith a sliding-scale commission structure based on (i)\nthe aggregate media placed by FTV on monthly basis; or (ii) the performance of\nthe media placed on a cost per order or sale-to-media cost ratio.\n\n         10. Client and FTV shall hereby mutually indemnify and hold each other,\ntheir affiliated companies and their respective officers, directors,\nshareholders, employees, licensees, agents, successors and assigns harmless from\nall claims, actions, suits, demands, judgments, awards, costs of suit (including\nattorney's fees and expenses) and liability arising out of the placement of\nmedia, the airing of Client's commercials, or the performance of the terms and\nconditions of this Agreement. Neither party shall have any obligations to\nindemnify and hold the other harmless with respect to any claims which arise out\nof or result from fraud or knowing misrepresentation by or on behalf of the\nother or arising from any of its representations, warranties, covenants,\nobligations, agreements or duties under this Agreement.\n\n         11. This Agreement is effective upon execution by both parties and will\ncontinue in full force and effect until terminated by either party upon thirty\n(30) day written notice to the other. Upon giving or receiving such notice of\ntermination, FTV shall cease to make any additional media placements, unless\notherwise instructed by Client. Client shall remain financially obligated for\nany media that is booked by FTV through the effective date of the termination.\n\n         12. All notices, requests, instructions, consents and other\ncommunications to be given pursuant to this Agreement shall be in writing and\nshall be deemed received (i) on the same day if delivered in person, by same-day\ncourier or by telegraph, telex or facsimile transmission; (ii) on the next day\nif delivered by overnight mail or courier, or (iii) on the day indicated on the\nreturn receipt, or if there is no such receipt, on the third calendar day\n(excluding Sundays) if delivered by certified or registered mail, postage\nprepaid, to the party for whom intended to the following addresses:\n\n             If to Client:       And Justice For All, Inc.\n                                 1500 N.W. 62nd Street, Suite 404\n                                 Ft. Lauderdale, FL 33309\n                                 Attention:  Brett Merl, Chief Executive Officer\n                                 Fax: (954) 267-0401\n\n             If to FTV:          Frederiksen Television\n                                 2735 Hartland Road, Suite 300\n                                 Falls Church, VA 22043\n                                 Attention:  Lee Frederiksen, President\n                                 Fax: (703) 560-8292\n\n                                       2\n\n\nEach party may, by written notice given to the other in accordance with this\nAgreement, change the address to which notices to such party are to be\ndelivered.\n\n         13. GOVERNING LAW. This Agreement shall be governed by the laws of the\nCommonwealth of Virginia without regard to the conflict of law provision\nthereof.\n\n         14. COUNTERPARTS. This Agreement may be executed in one or more\ncounterparts, each of which shall be deemed to be original, and all of which\ntogether shall constitute one and the same Agreement. A signature delivered by\nfacsimile shall be deemed to be an original signature and shall be effective\nupon receipt thereof by the other party.\n\n         15. The parties hereby agree that in the event a suit is initiated with\nreference to this Agreement by any party, the prevailing party shall be entitled\nto an award of reasonable attorneys fees and disbursements incurred by such\nparty in connection with and including but not limited to fees and disbursements\nin administrative, regulatory, bankruptcy and appellate proceedings.\n\n         In witness whereof, the parties have caused this Agreement to be duly\nexecuted on the first date written above.\n\nFor Frederiksen Television, Inc.\n\nBy: \/S\/ (ILLEGIBLE)                        \n   ---------------------------------\nTitle: VICE PRESIDENT                      \n      ------------------------------\n\nFor And Justice For All, Inc.\n\nBy: \/S\/ (ILLEGIBLE)                        \n   ---------------------------------\nTitle: CEO                                 \n      ------------------------------\n\n                                       3\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8036],"corporate_contracts_industries":[9504],"corporate_contracts_types":[9613,9620],"class_list":["post-42567","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-legal-club-of-america-corp","corporate_contracts_industries-services__legal","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42567","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42567"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42567"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42567"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}