Terms and Conditions of Credit Sales - MIX 101.5

Terms and Conditions of Credit Sales

Terms and conditions outlined in this document apply to credit sales extended by Capitol Broadcasting Company, Inc (CBC) and its properties,  WRAL-FM, WCMC-FM, WCMC-HD3, WDNC-AM, and WCLY-AM. Reference to “Station” will refer to the CBC property with which clients’ order shall be placed.

In consideration of the providing of advertising services, production services, or related services by Station now and/or in the future, the undersigned Applicant (the “Applicant”) agrees and shall be governed by the following:

Applicant acknowledges that services from Station may be purchased by Applicant on behalf of an advertiser if Applicant is an agency. Such services may be purchased from Station on behalf of Applicant through the efforts of an advertising agency or other service entity if Applicant is an advertiser. For purposes hereof, the advertiser, advertising agency, or other service entity on behalf of or through which Station provides services, shall be known as “Third Parties”.

Whether sums are due under contract or open account, it is understood that all invoices are due within thirty (30) days from date of invoice and are considered delinquent if not paid within this time. Should timely payment not be made as stated, Applicant agrees to pay all collection agency fees and expenses, and other costs of collection, including reasonable attorney fees and court costs which may be incurred by Station in pursuing and collecting payment. The liability of Applicant shall be joint and several with Third Parties.

Any dispute by Applicant of any telecast, commercial announcements, any services provided by Station or the amount charged for the same, shall be reported to Station in writing within twenty-one (21) days from the date of invoice relating to the same. Any such dispute shall not affect Applicant’s obligation to make payment within 30 days as set forth above. Failure to report any such dispute within such time shall constitute a waiver of any claim by Applicant with respect to such dispute.

The terms and conditions outlined herein shall govern and control all future services, which may be provided by Station from time to time for the Applicant. The party executing this agreement on behalf of Applicant acknowledges that it has the authority to do so and that by its execution it has caused Applicant and Third Parties to be jointly and severally bound by the terms hereof.

Applicant represents that Third Parties will immediately be notified of the terms hereof. If credit is approved, station reserves the right to cancel credit at any time with or without notice for whatever reason.

Notwithstanding to whom bills are rendered, Applicant and Third Parties shall remain jointly and severally obligated to pay to Station the amount of any bills rendered by Station within the time specified and until payment in full is received by Station. Payment by Applicant to Third Parties or by Third Parties to Applicant shall not constitute payment to Station.

Applicant understands that should Applicant place advertising through an advertising agency (or other Third Parties) that Applicant will continue to be responsible to Station for payment of such advertising. In the event Applicant is an agency requesting advertising on behalf of a client, Applicant acknowledges its joint and several liability for the payment of such advertising under the terms set forth herein above.

If Applicant is an advertiser, all agencies that place advertising buy orders with Station shall be conclusively deemed to be authorized agents for Applicant. Without limiting the generality of the foregoing, the following agencies are expressly included among the agencies which are authorized to place advertising buy orders on behalf of and as authorized agent for Applicant: (insert list here)