Commitments to Third Parties. (a) All purchase of space and facilities and all engagement of talent with respect to the advertising of your products shall be subject to your prior approval. (b) If you should direct us to cancel or terminate any previously authorized purchase or project, we shall promptly take all appropriate action, provided that you will (c) We warrant and represent to you that in purchasing any materials or services for your account, we shall exercise due care in selecting suppliers and make every effort to obtain the lowest price for the desired quality of materials or services. Wherever possible, we shall obtain competitive bids. In no event shall we purchase any materials or services from any supplier which is a subsidiary or affiliated company or which is known to us to be owned or controlled by any of the directors or officers of this company, without making full disclosure to you of any such relationship. (d) We warrant and represent that if at any time we shall obtain discounts or rebates from any supplier, whether based on volume or work given to such supplier by us or otherwise, then and in such event, we shall remit to you, within a reasonable time after our receipt of such discount or rebate, such proportion thereof as the volume of work given by us to such supplier on your behalf bears to the total volume of work given by us to such supplier from all of our clients during the pertinent period to which the discount or rebate is applicable. (e) For all media purchased by us on your behalf, you agree that we shall be held solely liable for payments only to the extent proceeds have cleared from you to us for advertising disseminated in accordance with this agreement. For sums owing but not cleared to us, you agree to be held solely liable.
Appears in 2 contracts
Sources: Commission Agreement, Commission Agreement
Commitments to Third Parties. (a) All purchase of space and facilities and all engagement of talent with respect to the advertising of your products shall be subject to your prior approval.
(b) If you should direct us to cancel or terminate any previously authorized purchase or project, we shall promptly take all appropriate action, provided that you willwill hold us harmless with respect to any costs incurred by us as a result thereof.
(c) We warrant and represent to you that in purchasing any materials or services for your account, we shall exercise due care in selecting suppliers and make every effort to obtain the lowest price for the desired quality of materials or services. Wherever possible, we shall obtain competitive bids. In no event shall we purchase any materials or services from any supplier which is a subsidiary or affiliated company or which is known to us to be owned or controlled by any of the directors or officers of this company, without making full disclosure to you of any such relationship.no
(d) We warrant and represent that if at any time we shall obtain discounts or rebates from any supplier, whether based on volume or work given to such supplier by us or otherwise, then and in such event, we shall remit to you, within a reasonable time after our receipt of such discount or rebate, such proportion thereof as the volume of work given by us to such supplier on your behalf bears to the total volume of work given by us to such supplier from all of our clients during the pertinent period to which the discount or rebate is applicable.
(e) For all media purchased by us on your behalf, you agree that we shall be held solely liable for payments only to the extent proceeds have cleared from you to us for advertising disseminated in accordance with this agreementcontract. For sums owing but not cleared to us, you agree to be held solely liable.
Appears in 1 contract
Sources: Advertising Agency Agreement