termsConditions

Terms and Conditions

AT&T 1-800-YellowPages Advertising Terms and Conditions

The Terms and Conditions (‘T&Cs’) stated herein govern running of AT&T 1-800-YellowPages Advertising Program ("Advertising")

  1. Definitions - The following words used herein are defined as follows:
    1. "Advertiser" shall mean a National or Local Market Advertiser for whom Advertising Units are to appear in designated markets at designated times in the AT&T 1-800-YellowPages Advertising Program.
    2. "Advertising Unit(s)" shall mean each individual market advertisement message that is the subject of Advertiser’s Orders and submitted to Supplier for AT&T 1-800-YellowPages Advertising Program scheduling in specific markets.
    3. "Supplier" shall mean AT&T or AT&T’s third party sales channel provider managing sales of AT&T 1-800-YellowPages Advertising Program.
    4. "Advertiser Orders" shall mean the Advertiser’s requests for running of Advertising Units into a specific AT&T 1-800-YellowPages Program markets at specific times.
    5. "AT&T" shall mean AT&T Corp.
    6. "Content" shall mean the Advertising message or Information contained in Advertising Units.
    7. "Contract" shall mean this agreement, as amended, signed by Advertiser and AT&T.
    8. "Initial Run Date" and "Last Run Date" shall mean the first day and the last day that the Advertising Units are run in designated markets.
    9. "Order" shall mean an Advertiser request to run specific Advertising Units in designated markets at designated times.
    10. "Run Life" shall mean the time between the Initial Run Dates and the Run Termination Date of specific Advertising Units.
    11. "Platform Supplier" is the company that AT&T has contracted to support the AT&T 1-800-YellowPages Platform

  2. Contract Scope – These Terms and Conditions apply only to National and Local Market Advertisers, their Advertising Units, markets, dates and Run Life as specified herein. AT&T reserves the right to change the name, coverage and/or distribution scope of markets covered by this Agreement.


  3. Revision Of Advertising – AT&T or its Platform Supplier reserves the right to reject or cancel any ad for any reason at any time prior to playing the ad. In addition, AT&T or its Supplier may request Advertiser to revise the Content of Advertising Units if AT&T, at its sole discretion, determines that the Content is inaccurate, misleading or deceptive, untrue or otherwise inappropriate for playing for the general public. Supplier or AT&T may also terminate this Agreement at any time if requested changes to forthcoming Advertising Units are not made or if Advertiser changes do not conform to such rules and standards as set forth herein.


  4. Market Scope –. Advertiser shall specify the markets and times during which the ad shall be played. AT&T may change the distribution scope of any market as required, but will so notify Advertiser in advance of any change in scope.


  5. Advertising Unit Warranty –AT&T does not warrant or guarantee the number or percentages of residential or businesses calls that will be received during the Advertiser’s Ad Run times and dates, the manner of delivery or the exact timing of delivery. Advertiser has made its own independent investigation as to the value of the purchased ads and further acknowledges that AT&T and its Supplier have not made any representations as to monetary benefit to be received by Advertiser or the amount of calls to Advertiser as a result of purchasing Advertising Units. No specific run sequence is guaranteed in any AT&T 1-800-YellowPages Advertising Program, and AT&T reserves the right to place such Advertising Units in any run sequence.


  6. Advertiser Obligations And Covenants - Advertiser hereby agrees that it shall not submit any of the following ads:
    1. Adult theaters, films, books or other adult or pornographic products or services;
    2. Massage parlors and/or escort services;
    3. Lifestyle or sexual preference establishments;
    4. Sexual explicit or suggestive Ads;
    5. Anti-religious, anti-racial, anti-ethnic or anti-sexual preference Ads;
    6. Ads demeaning, degrading or otherwise criticizing competitors;
    7. Ads that connect a caller to a pay per call service
    8. Ads that in AT&T’s sole discretion are deceptive, misleading against the law or otherwise result in excessive complaints from any source

  7. Indemnity - Advertiser agrees to indemnify, defend, and hold AT&T harmless from any and all loss, cost, claim, liability, damage, suit, fine, or expense (including reasonable attorney’s fees) arising from sending any ads to AT&T that should have been excluded pursuant to the above standards.


  8. Advertiser Certification - All advertisements are accepted by AT&T entirely on the representation that the Advertiser is duly authorized to play the contents of such advertisement. Advertiser will indemnify and save harmless AT&T and its officers and employees, from any loss, liability, or expense (including reasonable attorneys' fees) incurred as a result of any claim, proceeding or suit for libel, violation of the right of privacy or publicity, plagiarism, copyright or trademark infringement and any other claim, proceeding or suit as a result of AT&T playing an ad supplied by Advertiser.
    1. to comply with all Advertising industry ethical standards and practices and all Advertiser industry standards to the extent that they do not conflict with AT&T's requirements set forth herein;
    2. to furnish AT&T or its Supplier with such credit Information as requested by AT&T or its Supplier, to comply with any other conditions set forth by Supplier and AT&T and to post such security under which Supplier and AT&T may accept Advertiser’s Orders;
    3. that AT&T may refuse to accept any Advertiser Orders and/or Advertising Units and may terminate further dealings with Advertiser due to Advertiser’s credit considerations as determined solely by Supplier and AT&T,
    4. that submission of Orders does not imply or guarantee AT&T acceptance of Orders and AT&T acceptance may be subject to space availability, conformance with AT&T 1-800-YellowPages specifications (as set forth herein) and acceptance of this Contract by AT&T;
    5. to submit all Advertiser Units in a form and format established by AT&T or its Supplier.,
    6. that all Advertising Units copy and supporting Materials must be received by Supplier no later than five (5) business days prior to the Initial Run Date;
    7. that the acceptance by AT&T of an Advertiser Order containing an Advertising Unit shall not grant Advertiser any exclusive right to place subsequent Advertiser Orders or Advertising Units on behalf of such Advertiser.

  9. Advertiser Payment Obligation - The monthly Advertising charges “Monthly Subscription Fee” for Advertising covered within the scope of this Contract are fully due and payable by the due date shown on AT&T’s invoice. The Monthly Subscription Fee includes charges for telecommunications services. Advertiser can also request that AT&T electronically debit Advertiser’s account by providing AT&T its banking information and selecting the Electronic Debit option on the Ad Form. If Advertiser selects the electronic debit option, AT&T will debit Advertiser’s bank account electronically each month for the Monthly Subscription Fee, until Advertiser requests that AT&T cease such electronic debiting or the Advertiser notifies AT&T that Advertiser is discontinuing its Ad Play. Such request must be made with the AT&T 1-800-YellowPages sales agent or contacting the number on the Billing Statement fifteen (15) days prior to the discontinuation of Electronic Debiting.

    Advertiser understands and agrees that AT&T will bill the Advertiser the Monthly Subscription Fee, even if Advertiser’s account has credits. Advertiser must maintain with AT&T a deposit equal to at least one month’s Subscription fee, and pay all Registration or Recording fees prior to an Ad Form acceptance. Advertiser’s obligation hereunder shall be for the amounts specified herein plus applicable taxes and federal or state government regulatory fees, if any, as shown on AT&T’s monthly invoices.


    AT&T may require payment for Advertising on other than a monthly basis based on Advertiser credit worthiness or for other reasons.


    Upon depletion of the Advertiser’s Monthly Subscription Fee AT&T will cease Ad Play until funds are again deposited. Upon Advertiser’s failure to pay any invoiced amount when due, AT&T may cease monthly billing and accelerate the billing and collection of all remaining and outstanding charges for all Advertising without further notice to Advertiser and without regard to whether the charges are separately billed. Because of Advertiser’s failure to pay Advertising charges in a timely manner, AT&T may refuse to run future Advertising Units for which Advertiser has submitted an Order. AT&T has the right to allocate and apply payments received from Advertiser among charges owed by Advertiser pursuant to this Agreement.


    Advertiser waives the provisions of the Civil and Commercial Codes, or any other law of any state relating to accord and satisfaction. No acceptance of any payment or any instrument marked with any restrictive covenant or other limited or conditional endorsement will be deemed a waiver of AT&T’s rights under this Agreement. Advertiser shall pay and reimburse Supplier and AT&T for any costs, including attorneys' fees, which Supplier may incur in attempting to collect moneys owed by Advertiser to AT&T for non-timely payment. AT&T's acceptance of partial or late payments shall not constitute a waiver of AT&T's rights not to accept further Advertising from Advertiser. If Advertiser’s application for business credit is denied, Advertiser has the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact Supplier’s Credit Manager within sixty (60) days from the date Advertiser is notified of AT&T’s decision.


    Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.


  10. Late Payment Fees - Should Advertiser fail to make timely payment within the required thirty (30) days after receiving AT&T invoices, a late payment fee or charge will be calculated and assessed by AT&T or Supplier on Advertiser’s outstanding balance at the rate of .05% per day or the maximum amount permitted by law. If a payment is rejected due to insufficient funds, Advertiser will be liable to AT&T for bounced check fees or any other fees allowed by the applicable state law Advertiser agrees to pay Supplier a Collection Activity Fee (“CAF”) in the amount of $25.00 for each month with an overdue balance. Advertiser agrees that the CAF is not an interest charge for the time value of unpaid money and recovers costs that are different from the costs recovered by the late payment interest charge described above.


  11. Transfer Of Ownership - If Advertiser’s ownership is transferred to another entity, the Advertiser shall remain liable jointly or severally with the new owner or owners for the full amount of Advertising charges set forth in this Agreement, whether or not there has been any agreement respecting the assumption of Liability by the new owner or owners. Supplier or AT&T may require that Advertiser and/or the new owners to provide Information regarding its creditworthiness.


  12. Revision Of Prices - AT&T reserves the right to revise the Advertiser prices for AT&T 1-800-YellowPages Advertising Program Services at any time. AT&T shall provide Advertiser with a thirty days written notice of such changes.


  13. Marketing and Promotion Materials - All Advertiser marketing Materials, content, merchandising plans, sales support Materials and the like, which reference AT&T's name, associated logos, marks and/or products or the AT&T 1-800-YellowPages Advertising Program, shall be in a light most favorable to AT&T and must be approved in advance in writing by AT&T.


  14. Grant of License - Nothing herein, nor any practice by or between Supplier and/or AT&T and Advertiser, shall grant to Advertiser or be construed to grant to Advertiser any right, title, or interest in or to any intellectual property now or hereafter owned by Supplier, AT&T, any Affiliate of AT&T or any parent company of AT&T. Should Advertiser and AT&T cease to do business with each other, each party shall immediately return to originator or dispose of any matter using, incorporating or referencing the other party and the intellectual property of the other party. The party who owns the intellectual property shall direct the disposition of such property.


  15. Content Standards - AT&T maintains AT&T 1-800-YellowPages Advertising Program content standards and specifications that change from time to time. AT&T may reject or refuse to run any Advertising Unit that does not conform to:
    1. AT&T's standards and specifications in effect at the time,
    2. civil and/or criminal laws or regulations, and/or
    3. AT&T's public interest standards as determined solely by AT&T at that time.

  16. AT&T Right To Terminate - Advertiser agrees that AT&T may terminate without liability the broadcast/playing of any Ad Unit if the Ad does not in AT&T’s sole opinion comply with any of the standards of this paragraph.


  17. LIMITATION OF LIABILITY FOR ERRORS AND OMISSIONS: READ CAREFULLY - AT&T SHALL NOT BE LIABLE FOR ERRORS AND OMMISSIONS, AND/OR NOT PLAYING THE PURCHASED ADVERTISING UNITS, CAUSED BY ACTS OF GOD (INCLUDING, BUT NOT LIMITED TO ACCIDENTS, FIRES, STRIKES, WORK STOPPAGES, SYSTEM OUTAGES OF AT&T, ITS PLATFORM SUPPLIER, OR AT&T’S CONTRACTORS USED IN PROVIDING AT&T 1-800-YELLOWPAGES SERVICE) GOVERNMENTAL AUTHORITY, LATE SUBMISSIONS OF ADVERTISING UNITS BY SUPPLIER OR OTHER ACTS BEYOUND AT&T’S CONTROL. IN THE EVENT OF ANY ERROR IN OR OMISSION OF ALL OR ANY PART OF ANY ORDER OR ADVERTISING UNIT, THE PARTIES AGREE THAT AT&T’S LIABILITY SHALL BE LIMITED TO A PRO RATA ABATEMENT OF THE CHARGES PAYABLE BY ADVERTISER FOR SUCH ADVERTISING UNITS DURING THE RUN LIFE IN WHICH SUCH ERROR OR OMISSION OCCURS. IN NO EVENT SHALL AT&T’S LIABILITY TO ADVERTISER FOR CLAIMS OF ANY KIND WHATSOEVER FOR LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH ERROR OR OMISSION EXCEED THE TOTAL OF SUCH CHARGES PAYABLE BY ADVERTISER FOR THE ADVERTISING UNITS. IN NO EVENT SHALL AT&T BE LIABLE FOR ANY LOSS OF ADVERTISER’S BUSINESS, REVENUES OR PROFITS, THE COST TO ADVERTISER OF OTHER FORMS OF ADVERTISING, OR SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY NATURE. IN NO EVENT SHALL SUPPLIER OR AT&T BE LIABLE FOR ERRORS OR OMISSIONS OR OTHER WRONGFUL CONDUCT OF ANY THIRD PARTY. SUPPLIER AND AT&T SHALL NOT BE LIABLE FOR ANY CONTENT PROVIDED BY ADVERTISER INCLUDING AUDIOTEXT AND OR ANY OTHER INFORMATION OR CONTENT. THE FOREGOING PROVISIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND REGARDLESS OF WHETHER ADVERTISER'S CLAIM IS BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OF WHATEVER DEGREE), STRICT LIABILITY OR OTHERWISE AND SHALL CONSTITUTE AT&T’S SOLE LIABILITY TO ADVERTISER AND ADVERTISER’S EXCLUSIVE REMEDY AGAINST AT&T IN THE EVENT OF SUCH ERROR OR OMISSION AND ADVERTISER SPECIFICALLY WAIVES ANY RIGHT TO ANY SUCH CLAIM FOR LOSS OR DAMAGE.

    NO LAWSUIT OR OTHER LEGAL ACTIONS MAY BE BROUGHT AGAINT AT&T FOR ANY RELIEF BASED UPON ANY ERROR IN OR OMISSION OF ADVERTIEMENT AND/OR NOT PLAYING THE PURCHASED ADVERTISING UNITS UNLESS A CLAIM IS FIRST MADE WITHIN THE PERIOD FOR MAKING CLAIMS AND IN NO EVENT MORE THAN SIX MONTHS AFTER THE EXPIRATION OF THE RUN TIME PERIOD FOR MAKING CLAIMS OR THE EXPIRATION OR TERMINATION OF THIS CONTRACT. AT&T SPECIFICALLY ASSUMES NO RESPONSIBILITY IN PROVIDING THE WRONG TELEPHONE NUMBER OF THE ADVERTISER, AND AT&T’S LIABILITY SHALL BE LIMITED TO CORRECT THE ERROR AND CREDIT THE ADVERTISERS’ MONTHLY SUBSCRIPTION FEE FOR ADS PLAYED INCORRECTLY.


  18. Indemnification - Advertiser shall indemnify, defend and hold AT&T harmless for any damages, costs and Expenses, including actual attorneys' fees, arising out of any action brought against AT&T for infringement as it relates to any copyrights, trademarks, intellectual property rights, personality names, voice impersonations (or alleged names, copyrights or trademarks) or other rights association with an Advertiser’s Advertising Unit content. In the event that AT&T receives documented evidence demonstrating that another person or entity contests Advertiser's right to use a name, trademark, service mark or other content Advertiser requested, AT&T may reject or cancel the Advertising Unit without Liability to Advertiser or Advertiser until such time as Advertiser has resolved that dispute to AT&T's sole satisfaction with the complaining party. Advertiser shall also indemnify and hold Supplier and AT&T harmless for any claims made against Advertiser by any third parties for errors and/or omissions. Advertiser must report any Advertiser errors in or omissions to Supplier and AT&T within one (1) business day of detecting or being made aware of the error or omission otherwise, AT&T shall have no Liability to Advertiser. In order to maintain AT&T's pricing schedules, AT&T cannot and does not accept Liability for lost profits or for any incidental or consequential damages arising out of errors or omissions. Advertiser agrees that AT&T's maximum Liability for an error in or omission of an Advertising Unit shall not exceed the amount AT&T invoiced Advertiser for the Advertisement Unit. Advertiser shall initiate its claim with AT&T by contacting the claims representative designated by AT&T and submitting any and all Information requested by such representative. AT&T will not be responsible for errors or omissions caused by acts of God, governmental authority, accidents, fires, strikes, work stoppages, system outages, acts of third parties, including, but not limited to its Platform Supplier and/or AT&T’s contractors used in providing AT&T 1-800-YELLOWPAGES service, Advertiser submission of Advertiser Orders after a market close date or other acts beyond AT&T's control.


  19. Ownership of Intellectual Property - Any contribution AT&T may make or suggest to any requested Advertising Unit or Content is not a "work for hire". Regardless of who created an Advertising Unit, Advertiser hereby grants to AT&T all copyright and trademark interests in it and AT&T may use, reproduce, print, distribute or license any element of any Advertising Unit or content in any manner it chooses. If Advertiser desires to keep a pre-existing copyright or trademark interest in any Advertisement, Advertiser must provide AT&T with run ready Content that includes required copyright or trademark notices, as appropriate, affixed to the shipping container.


  20. Rejection of a Advertiser Order - If Supplier or AT&T rejects Advertiser’s Order or Advertising Units because of Content, Advertiser may modify the Content and submit the Advertising Units for reconsideration. The decision to accept or reject the revised Advertising Content resides solely with AT&T. AT&T may reject Advertiser Advertising units without providing Advertiser the reasons for the rejection.


  21. Confidentiality - Any Information furnished by Supplier or AT&T to Advertiser or by Advertiser to Supplier and AT&T under these Terms and Conditions shall remain the disclosing party's property, shall be treated as confidential and shall be returned immediately upon request by the disclosing party. Supplier, AT&T and Advertiser each shall:
    1. restrict disclosure to its employees and agents of the disclosing party's confidential Information absent the prior written consent of the disclosing party,
    2. use the disclosing party's confidential Information only for the purposes of performing under these Terms and Conditions and c. advise its employees and agents of their obligations to maintain the confidentiality of the disclosing party's confidential Information.

  22. Applicable Law - These Terms and Conditions set forth herein shall be construed and enforced in accordance with the laws of the state of Texas.


  23. Compliance With Law - Supplier, AT&T and Advertiser, and all persons furnished by Supplier, AT&T and Advertiser, shall comply in performance under these Terms and Conditions with the Fair Labor Standards Act, all applicable Workers' Compensation laws, and all other applicable federal, state and local laws, ordinances and regulations.


  24. Failure to Enforce - No course of dealing or failure of either Supplier or AT&T to strictly enforce any T&C hereunder shall be construed as a waiver of such T&C in the future. Neither Supplier, AT&T nor Advertiser shall be liable to the other for any delay or failure in performance hereunder due to causes that are beyond the reasonable control of the party unable to perform.


  25. Notices - Any notices or demands relating to these Terms and Conditions shall be in writing, addressed to those individuals as identified herein for the receipt of notices. The notice or demand shall be delivered either personally, via first class U.S. mail, via facsimile transmission or via recognized overnight courier service.


  26. Assignment - Advertiser may not assign any right or interest hereunder, nor delegate any obligation to be performed hereunder, without the other party's prior written consent. Notwithstanding the above, AT&T shall have the right to sell, assign, or transfer this Agreement with all its rights, title, and interest therein to any person, firm, or corporation at any time during the Term of this Agreement, and any such assignee shall acquire all of the rights and assume all of the obligations of AT&T under this Agreement.


  27. Term - This contract shall become effective on the date when accepted and signed by AT&T and shall remain in effect, on a month-to-month basis, until terminated by Advertiser or AT&T or until the Expiration Date specified in the Acceptance Section below.


  28. Termination - Advertiser or AT&T may terminate Advertising under this Agreement insofar as it pertains to any forthcoming AT&T 1-800-YellowPages Advertising Units, but only if written notice is received by the other party five (5) business days prior to the Advertising Run Date. AT&T may terminate this Agreement in whole or in part upon written notice duly delivered via U. S. Mail, courier service, FAX, e-mail or other means to Advertiser. Advertiser termination of Ad Play will not require AT&T to refund any unspent Monthly Subscription Fees, AT&T will, as directed by the Advertiser 1) continue Ad Play until the amount is depleted, or 2) hold on account any unused Fees for 60 days, at which time the balance will expire.


  29. Alterations - No alteration, deletion or other modification of the printed words of this contract (hereinafter collectively “Alteration”) shall be binding upon Supplier or AT&T, and in the event of any Alteration, AT&T may, at AT&T’s option, treat the contract as remaining in effect in its original unaltered format. Neither running nor attempted running of Advertising Units shall be deemed to constitute an acceptance of any Alteration.


  30. Complete Terms and Conditions - The T&Cs and conditions contained herein constitute the entire Terms and Conditions with respect to this Contract and shall supercede all prior understanding and communications, oral or written. Any amendments or changes to this contract must be in writing and signed by Advertiser and AT&T. No oral or other written statements of AT&T’s, supplier’s, of platform supplier’s employees will be binding upon AT&T.


  31. Advertiser Warranty - Advertiser warrants that:
    1. it is authorized and entitled to Advertise each business, product or service represented in Advertiser’s Order and in Advertising Units;
    2. that all statements or representations made by or on behalf of Advertiser to Supplier and AT&T are clear, truthful and not misleading;
    3. that the Contents of the Advertising are truthful, fair and lawful;
    4. the use of any voice impersonation, likeness, reproduction, endorsement of a product or service, copyrighted or copyrightable item, telephone number, address, trademark or trade name in or in connection with any Advertisement is duly authorized;
    5. that any submitted Advertising Unit Content shall be in compliance with all applicable federal, state and local laws and licensing requirements relating in any manner to the goods or services advertised;
    6. Advertiser is a local merchant, professional or non-profit organization currently providing services or products in the Local Market in Advertising is to be Run,
    7. Advertiser is in good standing in the community.
    8. That the content of any Advertising Unit does not infringe upon the copyright, trademark, servicemark, trade secrets, or intellectual property of any other third Party.
      Should any of the above warranted statements change or Advertiser’s status change, Advertiser shall immediately notify AT&T and AT&T shall have the right to terminate this Agreement.

  32. AT&T 1-800-YellowPages Advertising Program Startup And Termination - Advertiser understands that AT&T is launching the AT&T 1-800-YellowPages advertising program as a new service and that AT&T plans to initially launch it in a limited number of test markets and then to expand to additional markets based on test market results. Advertiser also understands that launch dates for new markets and/or new services may be changed, delayed or even cancelled. Advertiser further understands that AT&T may, based on test market or early expansion market results, dramatically alter or terminate the AT&T 1-800-YellowPages advertising program. In the event that AT&T changes, alters, or delays the AT&T 1-800-YellowPages advertising program such that AT&T does not deploy AT&T 1-800-YellowPages in certain market areas, advertiser shall be entitled to an equitable pro rata refund of its payments as determined by AT&T as advertiser's sole remedy. Should AT&T terminate the AT&T 1-800-YellowPages advertising program, all advertiser payments for advertising units not run will be promptly refunded to the advertiser. Advertiser’s understands and agrees that advertiser’s sole remedy in case of AT&T 1-800-YellowPages advertising program cancellation is the refund of payments for advertising units that were not aired.


  33. Advertiser Warranty
    1. Advertiser warrant that they have read and understood all the Terms and Conditions in this contract, that they have received a duplicate copy of this contract, and that they have full authority to sign for and to bind advertiser under this contract. Advertiser further warrants that any advertising placed by advertiser meets the highest ethical and legal standards and that advertiser currently possess all required intellectual property rights, licenses, permissions or other authorizations to use the materials in their advertisements.
    2. This agreement provides the detail to the Voice Ad Form, which must also be initialed at the time of sale, change or addition. That customer authorized Ad Form becomes part of this agreement in its entirety.
    3. Advertiser acknowledges and agrees that the Advertiser approved Ad Form which shall govern pricing and Ad Play requirements is attached to and made part of this Agreement.

  34. Advertiser Acknowledged - I acknowledge that I have received a copy of this contract and that read and understood the above Notices and the Terms and Conditions contained herein.
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