All advertising must adhere to Fast Track Marketing’s policies and guidelines. Fast Track Marketing reserves the right to reject any advertising, in its sole discretion, that does not adhere to its the policies and guidelines.
Ad Serving. Advertiser grants to Fast Track Marketing a license to (a) display the Ads and (b) modify, copy, reformat, transmit and otherwise manipulate the Ads, as necessary, in connection with such display. Ads will be served in accordance with one of the following options: (a) By Fast Track Marketing and its final impression measurements will be used to determine the fees due under this Agreement; or (b) by a Third Party and the Third Party will be responsible for serving the Digital Ads through such Third Party’s ad server, and such Third Party will track delivery of the Digital Ads through its server. The Third Party’s final audited impression measurements will be used to determine the fees due under this Agreement. If the parties agree to use a Third Party ad server, Advertiser agrees to provide Fast Track Marketing with a user login name and password to access the Third Party’s impression measurements for purposes of verification of such measurements.
Delivery. Advertiser will provide all applicable Ads by Fast Track Marketing’s standard deadline (as designated by Fast Track Marketing Advisor), in a format suitable for display in the Newspaper(s) or on the applicable digital property(ies), as applicable, via a transmission method mutually agreed upon by the parties. Advertiser shall have the right to change any Ads(s) after submission, provided that it submits any such changes no later than Fast Track Marketing standard deadline (as designated by Fast Track Marketing). Advertiser shall pay all expenses connected with the delivery of the Ad(s) to Fast Track Marketing. Changes to any Ads after first publication or display may result in additional charges, which will be disclosed to Advertiser in advance.
Unless otherwise agreed to by the parties in writing, Advertiser will provide all creative services and necessary text, data, images, illustrations or graphics and/or other materials with respect to the Ads(s). Advertiser will submit the Ad in accordance with the applicable Fast Track Marketing policies in effect, from time to time, including policies regarding artwork specifications, format and submission deadlines.
Rates. Unless stated otherwise in the Agreement, Advertiser’s purchase of Ads will be billed at Fast Track Marketing’s List Price. If requested, the Advertiser will be provided a copy of the Agreement and Buy Sheet. The Buy Sheet, including any applicable terms and conditions in such buy sheet, are hereby incorporated into this Agreement by reference, provided that in the event of a conflict between any terms or conditions in the buy sheet and the terms of this Agreement, the terms of this Agreement will control. Fast Track Marketing reserves the right to modify its buy sheet, including increasing its Standard Rates, at any time and from time to time. Fast Track Marketing will provide Advertiser with at least 30 days’ prior written notice of any rate increase. If Advertiser objects to any such increase, it shall have the option to discontinue display of the applicable Ads by giving written notice to Fast Track Marketing prior to the effective date of such changes. Advertiser’s right to discontinue the display of its Ads shall be its sole and exclusive remedy in the event of a rate increase. If Advertiser does not elect to discontinue display of the applicable Ads, then, following the expiration of the notice period, all Ads shall be billed at Fast Track Marketing increased rates.
Print Ads. Cancellations will not be accepted for print Ads after the Fast Track Marketing standard closing time. Advertiser will be responsible for any production or creative services provided by Fast Track Marketing regardless of the cancellation of any print Ads. Advertiser will be responsible for all fees that accrue prior to the cancellation date.
Cancellation of Digital Ads. At any time prior to the serving of the first impression of a Digital Ad, Advertiser may cancel an online advertising campaign on thirty (30) days prior written notice to Fast Track Marketing. Once the first impression of a Digital Ad has been served on any Digital Property, Advertiser may cancel an online advertising campaign by giving 30 days prior written notice of such cancellation, which cancellation will be deemed effective 30 days after receipt of the written notice. Advertiser will be responsible for all fees that accrue prior to the cancellation date.
Responsibility for Advertisements. Fast Track Marketing is not responsible for any material that is not properly displayed or that cannot be accessed or viewed because the material was not received by Fast Track Marketing in the proper form, in a timely manner, or in an acceptable technical quality for display on the Digital Property(ies). Fast Track Marketing will not be liable for typographical errors, incorrect insertions or incorrect publication or omissions in any Ad displayed or published pursuant to this Agreement or omitted from display or publication. Fast Track Marketing is not required to display any Ad Content or other material for the benefit of any person or entity other than Advertiser. If there is an interruption or omission of the publication of any Ad t or other material contracted to be published here under, Fast Track Marketing may suggest a substitute time period for the publication of the interrupted or omitted Ad or material or run the Ads in a different position in the Newspaper(s) or on the Digital Property(ies), as determined by Fast Track Marketing. Alternatively, in cases where Advertiser is paying on a fixed fee basis or has paid in advance, and if no such substitute time period is acceptable to Advertiser in Advertiser’s good faith business judgment, Fast Track Marketing shall provide a “make good” in the form of a reduction in the amount of fees due to Fast Track Marketing (or credit of fees already paid) equal to the proportionate amount of money assigned to the interrupted or omitted Ad(s). Such substitution in time period or placement or reduction in fees shall be Advertiser’s sole and exclusive remedy for any failure to display Ads or other advertising material and Fast Track Marketing shall have no further liability hereunder for such failure.
Removal or Change of Content. Fast Track Marketing, in its sole discretion, may remove or revise its Newspaper(s) and/or Digital Property(ies), including the content, nature, design, and/or organization, during the term of this Agreement. If any such revision materially alters the value of the Ad(s) to be run by Advertiser, Fast Track Marketing will notify Advertiser of such revisions. If the parties cannot agree upon a satisfactory substitution for the affected ads due to such revision, Advertiser may cancel this Agreement with respect to the affected Ad(s) and shall not have to pay (or shall receive a refund) for Ads not displayed due to such cancellation. Such cancellation shall be Advertiser’s sole and exclusive remedy and Fast Track Marketing shall have no further liability whatsoever.
Branded Content Advertising. This section applies if the campaign(s) described in the Agreement contemplate that Fast Track Marketing will distribute Branded Content (aka “Native Advertising”) campaigns on behalf of Advertiser. Branded Content can include short-form content or long-form content, videos, emails, or social media posts that is published on Fast Track Marketing print and/or digital platforms and that is either (i) created by or on behalf of Fast Track Marketing, at Advertiser’s direction, for the purpose of enabling Fast Track Marketing to run a contextually relevant advertisement on behalf of Advertiser (“Branded Content”), or (ii) is created or provided by Advertiser or its designee for placement by Fast Track Marketing in or on its print or digital properties stated herein. Advertiser, in its sole discretion, will have the right to approve any Branded Content prior to publication or distribution by Fast Track Marketing in connection with the campaign described herein, and Fast Track Marketing in its sole discretion, will have the right to approve any Branded Content prior to publication or distribution by Fast Track Marketing in connection with such campaign. For clarity, Fast Track Marketing will not be obligated to publish, via any platform, any Branded Content that Fast Track Marketing determines, in its sole discretion, does not meet Fast Track Marketing guidelines or is otherwise inappropriate for publication. In addition, Fast Track Marketing reserves the right, in its sole discretion, to include labels in, on and/or around any Branded Content published on behalf of Advertiser hereunder that indicate that the applicable Branded Content was paid for and/or provided by Advertiser.
Fast Track Marketing and Advertiser shall each comply with all applicable laws, rules and regulations, including without limitation the FTC’s Guides Concerning Endorsements and Testimonials and the FTC’s Enforcement Policy for Native Advertising. If Advertiser cancels prior to the start date of the campaign, Advertiser shall be obligated to pay for any fees and costs incurred associated with the Services which have been completed up to the point of cancellation, plus non-cancellable costs and fees which are owed for third party contracts which cannot be cancelled.
Digital Marketing Services
Pay Per Click (“PPC”) Service. Publisher will create ads based on the Ad Content and will distribute the Ads through the Fast Track Marketing Networks. Advertiser will have the opportunity to review and approve all PPC campaigns prior to launch. Advertiser will be solely responsible for all content associated with any PPC campaign.
Ancillary Services. In connection Advertiser’s subscription to with one or more of the Marketing Services described above, Publisher may provide the following ancillary Services:
Proxy Sites. Publisher may provide a mirrored version of the Advertiser’s website (“Proxy Site”). In order to use the proxy service, (i) Advertiser’s website must be operational, functional, and accessible through the Internet, and (ii) the URL visible above the Proxy Site to users clicking on the Advertiser’s ad must reflect the website address for the Proxy Site and NOT that of the Advertiser’s website. Advertiser agrees that Publisher is in no way responsible for the operation and functionality of the Advertiser’s website. Advertiser agrees that it has all rights to the content on the Advertiser’s existing website and Advertiser is able to grant the right to Publisher to use the content in connection with the Services.
Call Recording Services. If Advertiser elects to use the Call Recording Service, Publisher will, on Advertiser’s behalf, record (i) calls between Advertiser and its clients regarding the Services (the “Service Calls”) and (ii) incoming calls to Advertiser from prospective clients of Advertiser (the “Inbound Calls”) (collectively “Call Recording”). Advertiser acknowledges that the purpose for Call Recording is for auditing this Agreement and the Services in the Order. Advertiser grants specific permission to Publisher to administer, monitor, use and access Call Recording and the content of the recorded calls as Advertiser’s agent. Publisher will provide prompt disclosure in Call Recording that the Service Call or Inbound Call may be recorded (“Recording Notification”). Advertiser acknowledges that it is responsible for notifying and/or obtaining the consent to Call Recording from its representatives (including employees, agents and independent contractors) who may be recorded in a Service Call or Inbound Call. For clarity, Advertiser acknowledges and agrees that Publisher is not responsible to provide any notice in connection with Call Recording other than Recording Notification. Advertiser specifically acknowledges that Publisher is not responsible to provide notice of rights of the Advertiser’s clients and prospective clients relating to potentially confidential or privileged communications. Any notice required by law other than Recording Notification is the sole responsibility of the Advertiser.
Indemnification for Call Recording. Without limiting Advertiser’s indemnification obligations under Section 8.1 of the Agreement, if Advertiser uses the Call Recording service, Advertiser agrees to indemnify and hold the Publisher Indemnitees harmless from and against any and all Losses arising out of a third-party claim resulting from (i) any failure by Advertiser to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, or (ii) Advertiser’s use or misuse of the Call Recording service. Advertiser shall not use the Call Recording service to intimidate, harass, or otherwise violate the privacy or other rights of a caller and a Recorded Person. If Publisher learns about any alleged misuse of the Call Recording service, Publisher reserves the right to terminate the totality of Advertiser use of the Call Recording service without notice or liability.
Additional Terms. The third-party vendors’ (referenced above) policies regarding cancellation and termination of orders, including but not limited to cancellation fees, shall apply. If the Advertiser cancels an order early, the Advertiser will be billed through the next billing cycle. For example, if the Advertiser cancels prior to the end of the month, the Advertiser will be billed through the end of the next calendar month. If the Advertiser cancels prior to the end of the four (4) month minimum commitment, the Advertiser will be billed for four (4) full months. Upon cancellation, the Advertiser must notify Publisher in writing if the online advertising should cease, if no notice is provided, advertising will be active through the end of the commitment.