Underwriting Announcements on TVCTV
- It is understood between the parties that TVCTV operates Treasurer Valley Community Television Station which principally services Southwest and South Central Idaho. This is a community television station, not a commercial television station, and is not for profit. Ordinary commercial advertising cannot be sold by TVCTV for broadcast purposes over the station. Rather, TVCTV must exercise its good faith judgment in accepting Underwriter contributions followed by appropriate donor acknowledgments which are permitted pursuant to Section 399B of the Communications Act of 1934, as amended, and Sections 73.503 (d) and 73.621 (e) of the Rules of the Federal Communications Commission.
- It is further understood that in order to meet the costs of Treasurer Valley Community Station, underwriting of programming is allowed and that Underwriter wishes to participate.
- The proposed content of each donor acknowledgment will be submitted by Underwriter at least one (1) week before the expected broadcast. TVCTV retains the right to edit the content of Underwriter’s suggested donor acknowledgment so as to conform to state and federal regulations and time requirements. In case of disagreement as to content, TVCTV’s decision will be final and binding on Underwriter.
- TVCTV will make a good faith effort to provide Underwriter with the recognition provided herein, but in no event will TVCTV have any liabilities to Underwriter for any failure to provide such recognition or the acknowledgments specified or any consequential damages resulting therefrom.
- It is understood that TVCTV does not guarantee any market in which the Underwriter’s donor acknowledgment will be broadcast as to geography, market share, or demographics.
- This Agreement will expire on the last date indicated. If Underwriter wishes to renew the Agreement, renewal must occur prior to thirty (30) days before the expiration date. If a timely renewal does not occur, TVCTV may negotiate with other Underwriters regarding the broadcast times covered by this Agreement.
- If Underwriter does not meet its pledge with respect to the underwriting contribution, TVCTV may terminate this Agreement at any time by emailing notification of termination to Underwriter at Underwriter’s last known address. Notice will be deemed complete upon emailing by TVCTV.
- The parties agree that TVCTV will not be expected to investigate nor to guarantee the truth of the content of any of the Underwriter’s suggested donor acknowledgments. Underwriter agrees to submit donor acknowledgments which are factually correct and truthful in all respects. Underwriter agrees to assume full responsibility for complying with all copyright laws and regulations including but not limited to the assumption of any and all responsibility for the payment of royalties which may be due for the use of copyrighted work within a donor acknowledgment. Underwriter agrees not to submit proposed donor acknowledgments which contain qualitative or comparative descriptions of the Underwriter’s products or services, nor to include in any donor acknowledgment a call to action.
- The Underwriter may not assign this Agreement without the express consent of TVCTV.
- The situs of this Agreement is Boise, Idaho, and any action, claim, suits or disputes arising hereunder shall be governed by the laws of the State of Idaho. Should TVCTV commence suit against Underwriter under the terms of this Agreement because of Underwriter’s breach thereof, Underwriter agrees to pay TVCTV’s reasonable attorney’s fees, costs and expenses.
- Time, and especially time of payment of monies due from Underwriter, shall be the essence of this Agreement. Nothing herein shall be construed so as to make either party the agent, employee or representative of the other for any purpose.
- If this agreement includes placement of website donor acknowledgment, the following terms apply:
- TVCTV reserves the right to review and approve all website donor acknowledgment content.
- TVCTV does not guarantee any given level of circulation or readership for website donor acknowledgment positions or placements.
- Underwriter assumes liability for all content, including text and illustrations, and also assumes responsibility for any claims arising therefrom made against TVCTV including costs associated with defending against such a claim. The underwriter agrees to hold TVCTV harmless for any claims made against it by reason of underwriter’s website donor acknowledgment content.
- TVCTV retains sole authority regarding the placement of all website donor acknowledgment and shall not be bound in that regard.
- TVCTV has no financial liability of any underwriter (including no obligation to refund any portion of any recognition payment) in the event the TVCTV Web site cannot be accessed by any person for any reason, including periodic maintenance and hardware or software failures.
Underwriter understands that TVCTV retains the right to change the schedule of the donor acknowledgments, with or without notice to Underwriter, but with the understanding that because of programming exigencies beyond the control of TVCTV the schedule may not be maintained exactly. However, TVCTV will use all reasonable efforts to maintain the schedule as closely as possible. Underwriter also acknowledges and agrees to the terms and conditions as set forth on both pages of this form, and which are incorporated herein by reference.