Common use of Makegoods Clause in Contracts

Makegoods.  Notification of Under-delivery. Media Company will monitor delivery of the Ads, and will notify Agency either electronically or in writing as soon as possible (and no later than 14 days before the applicable IO end date unless the length of the campaign is less than 14 days) if Media Company believes that an under- delivery is likely. In the case of a probable or actual under-delivery, Agency and Media Company may arrange for a makegood consistent with these Terms.  Makegood Procedure. If actual Deliverables for any campaign fall below guaranteed levels, as set forth on the IO, and/or if there is an omission of any Ad (placement or creative unit), Agency and Media Company will use commercially reasonable efforts to agree upon the conditions of a makegood flight, either on the IO or at the time of the shortfall. If no makegood can be agreed upon, Agency may execute a credit equal to the value of the under-delivered portion of the IO for which it was charged. If Agency or Advertiser has made a cash prepayment to Media Company, specifically for the campaign IO for which under-delivery applies, then, if Agency and/or Advertiser is reasonably current on all amounts owed to Media Company under any other agreement for such Advertiser, Agency may elect to receive a refund for the under-delivery equal to the difference between the applicable pre-payment and the value of the delivered portion of the campaign. In no event will Media Company provide a makegood or extend any Ad beyond the period set forth on the IO without the prior written consent of Agency.

Appears in 1 contract

Sources: Advertiser Terms

Makegoods.  Notification of Under-delivery. ‌ a. Media Company will shall monitor delivery of the Ads, and will shall notify Agency Advertiser either electronically or in writing as soon as possible (and no later than 14 days two weeks before the applicable IO I0 end date unless the length of the campaign is less than 14 daystwo weeks) if Media Company believes that an under- under-delivery is likely. In the case of a probable or actual under-delivery, Agency and Media Company the parties may arrange for a makegood consistent with these Terms.  Makegood Procedure. If Terms and Conditions. b. In the event that actual Deliverables for any campaign fall below guaranteed levels, as set forth on in the IO, and/or if there is an omission of any Ad (placement or creative unit), Agency Advertiser and Media Company will use commercially reasonable efforts make an effort to agree upon the conditions of a makegood flight, flight either on in the IO I0 or at the time of the shortfall. If no makegood can be agreed upon, Agency Advertiser may execute a credit equal to the value of the under-delivered portion of the IO contract I0 for which it was charged. If Agency In the event that Advertiser or Advertiser has made a cash prepayment to Media Company, specifically for the campaign IO I0 for which under-delivery applies, then, then if Agency Advertiser and/or Advertiser is reasonably current on all amounts owed to Media Company under any other agreement for such Advertiser, Agency Advertiser may elect to receive a refund for the under-delivery equal to the difference between the applicable pre-pre- payment and the value of the delivered portion of the campaign. In no event will shall Media Company provide a makegood or extend any Ad beyond the period set forth on in the IO without the prior written consent of AgencyAdvertiser.

Appears in 1 contract

Sources: Targeted Promotions Agreement