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EXHIBIT 10.13
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HBC NETWORK, INC. CONTRACT
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ADVERTISER: QUE XXXX.XXX
SPOT AND ANNOUNCEMENT SCHEDULE:
START DATE: FEBRUARY 15, 1999
# OF
DAYS TIMES FREQUENCY AND RATE: WEEKS TOTAL COST
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M-SUN 6A-10A 14 X/WK @ $5,300.00 8 $ 593,600
6 X/WK TRAFFIC @ $2,650 8 127,200
1 X/WK (SUN) READ @ $2,400 8 19,200
M-F 10A-3P 10 X/WK @ $3,300.00 8 264,000
M-F 3P-6P 10 X/WK @ $2750.00 8 220,000
5 X/WK TRAFFIC @ $1375.00 8 55,000
M-F 6P-9P 10 X/WK @ $2,075.00 8 166,000
M-F 9P-12M 10 X/WK @ $2,000.00 8 160,000
TOTAL INVESTMENT $1,605,000
THIS CONTRACT IS NON-CANCELLABLE
-CONTINUED-
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MEDIA ELEMENTS
M-F 6A-10A 14 X/WK "LIVE READS", 30 SECONDS
AM/FM STATIONS 7 X/WK TRAFFIC SPONSORSHIP WITH 10 SECOND READ
2 "LIVE READS" PER SHOW WITH 1 HOUR SEPERATION.
TRAFFIC SPONSORSHIP BETWEEN "READS"
M-F 10A-3P 10 X/WK "LIVE READS", 30 SECONDS
FM STATIONS ONLY
M-F 3P-6P 10 X/WK "LIVE READS", 30 SECONDS
FM STATIONS ONLY 5 X/WK TRAFFIC SPONSORSHIP WITH: 10 SECOND READ
2 X/DAY FROM 3 X/DAY TRAFFIC SPONSORSHIP
WOULD BE BETWEEN "READS"
M-F 6P-9P 10 X/WEEK
AM/FM STATIONS SPORTS ELEMENTS: *SCOREBOARDS 1X/D
AM FOR ELEMENTS TRANSACTIONS 1X/D
FM FOR "READS", 30 SECONDS *UPDATES 1X/D
*TRIVIA QUIZ 1 X/D
CHOOSE 3 ELEMENTS
-CONTINUED-
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TERMS AND CONDITIONS OF HBC NETWORK, INC. CONTRACT
IN CONSIDERATION of the providing of advertising services, production
services, or related services by HBC Network Inc. ("Network") now and/or in the
future, the undersigned (referred to herein as "Advertiser") agrees and shall
be governed by the following:
PAYMENT AND BILLING:
* The Advertiser shall pay for this first order, as described above, by wire
transfer of funds to Network. Thereafter, the Advertiser agrees to pay for
broadcasting, at the office of Network or its authorized representative, on or
before the fifteenth of the month following that in which the broadcasting is
done unless otherwise stipulated on the face of this agreement.
The terms and conditions set forth herein are in addition to and form a part
of the agreement between the Advertiser and the Network for purchase of
broadcast time.
Past due amounts shall accrue interest at the rate of 1.5%, or the maximum
rate allowed by law, whichever is less, per month, from the date any such
amount becomes past due.
RATES:
It is understood that this agreement covers Network facilities only. It is
further understood that failure of Advertiser to furnish approved advertising
copy or spots as provided herein or failure to occupy leased time for any
reason, shall not relieve Advertiser's obligation to pay for time contracted
for.
Notwithstanding anything to the contrary in this contract or any other
agreement between the parties, Network reserves the right to increase any of its
rates and charges, including charges set forth on the face hereof, by public
announcement of a new rate card, but no increase shall be applicable to
broadcast under this contract until expiration of the terms of this contract.
ADVERTISING COPY:
It is understood that each of Advertiser's commercials shall be submitted in
typewritten form and shall be available for reading and rehearsal by Network at
least 72 hours in advance of scheduled airing.
The Advertiser will hold and save the Network harmless against all liability
for libel, slander, illegal competition, or trade practice, infringement or
trade marks, trade names, or program titles, violation or right or privacy and
infringement of copyrights and proprietary rights resulting from the broadcast
of any program material, information or music furnished by the Advertiser.
SUBSTITUTION OF PROGRAM:
It is understood that advertising copy and programs sponsored by Advertiser
shall be subject to requirements of Network and governmental regulation.
Network shall have the right to cancel any broadcast covered by this
contract in order to substitute a program of outstanding public importance. In
such case, Network will notify the Advertiser, and the Advertiser and Network
will agree on a satisfactory substitute day or time for the broadcast, or, if no
such agreement can be reached, the broadcast will be considered as canceled
without affecting the rates or rights shown on this contract, provided, however,
that Network shall refund Advertiser for the cancelled advertising on a
pro rated basis.
* $1,000,000 Initial Payment 30 days for balance $605,000.
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ADDITIONAL ELEMENTS INCLUDED:
CALLE OCHO SPONSORSHIP
$150,000 level
Co sponsorship; package to be discussed
NEW YORK
o SATURDAY NIGHT DANCE PARTY SPONSORSHIP INCLUDES:
o 2 units per hour (10 total)
o Open and close audio billboards
o 2 mention (on-air) per hour (10 total)
o 9P-2A
o Exclusivity
o $4500 per week value
MIAMI
o SATURDAY NIGHT DANCE PARTY SPONSORSHIP INCLUDES:
o 2 units per hour (6 total)
o Open and close audio billboards
o 2 mention (on-air) per hour (6 total)
o 1OP-1A
o Exclusivity
o $5000 per week value
o All sports elements discussed
o Creative fees for Talent
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INABILITY TO BROADCAST:
It is understood that in case of mistake or other failure of Network or its
component broadcasting facilities which shall prevent or abbreviate Advertiser's
time, such Advertiser is to choose, receive and pay for any other equal length
of time which has not been contracted for by others. If such rescheduling cannot
be accomplished, the missed advertising shall be considered as canceled without
affecting the rates or rights shown on this contract, provided, however, that
Network shall refund Advertiser for the canceled advertising on a pro rated
basis.
GENERAL:
All commercial programming is subject to the approval of the Network, and
the Network, without restriction or liability, reserves the right to reject or
cancel any and all contracts with Advertiser, or to refuse to broadcast any part
or all of any material which does not, the opinion of the Network, maintain a
quality and character creditable alike to the Network and Advertisers, and/or
which, in the opinion of the Network, will not be of benefit to either the
Advertiser or to the Network. The Advertiser agrees that its announcements shall
contain (1) no unwarranted, exaggerated, doubtful or superlative claims, and the
Advertiser hereby guarantees as true all claims and statements made in its
programs and/or announcements; (2) no ambiguous statements that may be
misleading; (3) no infringements of another advertiser's rights through
plagiarism or imitation of either idea or copy slant; (4) no reflections
on competitors or competitor's goods; (5) no statements or announcements that
are slanderous, obscene, profane, vulgar, repulsive or offensive, either in
theme or in treatment; (6) no mention by the Advertiser of another generally
advertised company or product; and (7) no lottery or drawing contest under any
circumstances. The Network shall have and is hereby granted the right, in its
uncontrolled discretion, to omit or delete any part of any announcement
violating, in its opinion, any of the foregoing regulations or any terms of this
agreement.
Any dispute by Advertiser with any broadcast, commercial announcements, any
services provided by Network or the amount charged for the same shall be
reported to Network in writing within thirty (30) days from the date of invoice
relating to the same, time being of the essence (but any such dispute shall not
affect Advertiser's obligation to make payment as set forth above). Failure to
report any such dispute with such time shall constitute a waiver of any claim
by Advertiser with respect to such dispute.
The terms and conditions outlined herein shall govern and control all
future services, which may be provided by Media Provider from time to time
for the Advertiser, unless modified in writing.
If credit is approved, Network reserves the right to cancel credit at any
time with or without notice for whatever reason.
Advertiser understands that should Advertiser place advertising through an
advertising agency (or other third parties) that Advertiser will continue to be
responsible to Network for payment of such advertising. In the event an agency
requests advertising on behalf of an Advertiser, Advertiser acknowledges its
joint and several liability for the payment of such advertising under the terms
set forth herein above.
The failure or delay of the Network to enforce any term or condition of this
agreement shall not be construed as a waiver of any right contained herein or of
any breach hereof.
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ACKNOWLEDGED AND AGREED:
Advertiser Xxxxxxx.xxx
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Date 1-28-99
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Authorized Signature /s/ XXXXXXX XXXXXXXX
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Printed Name Xxxxxxx Xxxxxxxx
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Title President, CEO
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HBC Network, Inc. Contract
/s/ XxXxxxx Xxxxxxxx
President
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