Standard Advertising Terms and Conditions
Woof Boom Radio Standard Advertising Terms and Conditions
The organization (“AGENCY” or “ADVERTISER,” as the case may be) contracting for the purchase of
advertising covered by these Standard Advertising Terms and Conditions and Woof Boom Radio LLC (or
an affiliate thereof) (“WBR” OR “STATION”) (and Jointly recognized as the “PARTIES”) hereby agree that
all advertising placed by AGENCY or ADVERTISER with the STATION shall be governed by the following
terms and conditions (the “AGREEMENT”):
Following Paragraphs 49 and 50 of the United States Federal Communications Commission Report and
Order No. FCC 07-217, Woof Boom Radio or its Stations does not discriminate in the sale of advertising
time and will not accept advertising that intends to discriminate based on race or ethnicity. Any
provision in any order or agreement for advertising that purports to discriminate or has the effect of
discriminating based on race or ethnicity is hereby declared null and void. ADVERTISER and/or AGENCY
represents and warrants that it is not purchasing advertising time from STATION intended to
discriminate based on race or ethnicity.
The Parties agree to work together to follow all aspects of Section 317 of the Communications Act of
1934, as amended, 47 U.S.C. § 317. Additionally, the Federal Communications Commission (FCC) has
adopted a rule, 47 CFR § 73.1212, which sets forth the responsibilities to make this sponsorship
identification. The Act requires all commercial announcements airing on the STATION to disclose the
payor or Sponsor of the announcement. If a commercial does not identify the Sponsor, the station may, at
its discretion, tag and edit the commercial to comply with the FCC Rules.
PAYMENT AND BILLING
(a) STATION will bill the AGENCY or ADVERTISER monthly, using the Final Sunday Fiscal Month, unless
otherwise provided on the face of the Contract.
a. Payment by AGENCY or ADVERTISER is due within ten (10) days of the invoice date unless
otherwise specified by the STATION.
b. AGENCY or ADVERTISER waives any billing dispute if AGENCY or ADVERTISER does not notify
STATION of such dispute in writing within thirty (30) days from the date of the invoice
containing such amount in dispute. If AGENCY or ADVERTISER timely notifies STATION of
such dispute, AGENCY or ADVERTISER and STATION shall work diligently with each other
toward a resolution. Still, any amount not in dispute shall be promptly paid as described
c. Payments by established and recognized advertising agencies for on-air advertising shall be
subject to a 15% AGENCY discount on cash payments only, except for non-commissionable
amounts or as otherwise stated herein or in a governing master contract.
(b) For on-air advertising, upon request, STATION shall provide proof of performance specifying the
exact times when commercials were aired taken from the official log maintained by STATION.
(c) If an AGENCY enters into this AGREEMENT, then AGENCY agrees that ADVERTISER and AGENCY
are jointly and severally purchasing the advertising hereunder and acknowledges that any credit
that STATION has extended has been extended based on the credit and promise to pay of both
AGENCY and ADVERTISER. The AGENCY represents and warrants that it is authorized to bind the
ADVERTISER and agrees that the AGENCY and ADVERTISER shall be jointly and severally liable for
the payments made under this AGREEMENT. Sequential liability is not accepted unless expressly
agreed to in writing by STATION management.
EXTENSIONS AND RENEWALS
Extensions or renewals of this Contract shall be subject to prior approval by STATION and shall be at the
rates in effect at the time of said extension or renewal as set forth on STATION’s then-published rate card.
CANCELLATIONS AND TERMINATION
The AGENCY or ADVERTISER may cancel or terminate the Contract early only with the approval of the
Woof Boom Radio General Manager; such consent will not be unreasonably withheld provided it meets
the following conditions.
(a) Current advertising rates will apply if the AGENCY or ADVERTISER cancels or terminates the
Contract. Broadcasting done hereunder and not paid or revoked by the AGENCY or ADVERTISER
shall become immediately due and payable at the earned rate. Additionally, the AGENCY and
ADVERTISER are liable for any received discounts, earned rates, or fees incurred by the STATION if
this Contract is terminated before its end date.
(b) On-air commercial announcements or programs of less than 5 minutes duration may be canceled by
STATION, AGENCY, or ADVERTISER upon fourteen (14) days prior written notice. Still, no such
cancellation shall be effective until fourteen (14) days after the initial start of broadcasting
hereunder otherwise stated on the face of confirmation.
(c) STATION, AGENCY, or ADVERTISER may cancel on-air programs of 5 minutes or longer upon
twenty-eight (28) days prior notice. Still, no such cancellation shall be effective until twenty-eight
(28) days after the broadcasting starts hereunder unless otherwise stated on the face of
(d) All other advertising may be canceled immediately by STATION and upon fourteen (14) days prior
written notice by AGENCY or ADVERTISER.
The STATION may terminate the contract under the following conditions:
(a) Upon default by AGENCY or ADVERTISER in the payment of bills or other material breach of the
terms hereof at any time upon one day’s notice.
a. Upon such termination, all charges for advertising completed hereunder and not paid shall
become immediately due and payable.
b. If STATION terminates because of AGENCY’s or ADVERTISER’s material breach, AGENCY’s or
ADVERTISER’s liability shall be to pay not only for advertising completed hereunder before the
termination by STATION but for advertising to be completed after that under the Contract, less
only the STATION’s actual cost savings realized on account of termination (such as fees to live
talent that is cancellable at the time of termination of the Contract).
(b) In the event of a material breach by STATION in performing this Contract, the AGENCY or
ADVERTISER reserves the right to terminate this Contract at any time upon one (1) day’s prior
In no event shall STATION be liable or responsible for any incidental, special, consequential, or punitive
damages (including, without limitation, lost profits, promotional costs, or costs of other media) relating
to the performance or breach of this AGREEMENT, whether arising in Contract, tort or
otherwise. STATION’s total liability to AGENCY and ADVERTISER for any violation of or failure to
perform this AGREEMENT shall be limited to a refund of any amounts paid to STATION under this
AGREEMENT regardless of whether such liability arises in Contract, tort, or otherwise.
FAILURE TO BROADCAST/PUBLISH
If, for any reason, there is an interruption or omission of any advertising contracted to be broadcast or
published hereunder, STATION may suggest a substitute time-period for the broadcast/publication of the
interrupted or omitted advertising. If no such substitute time-period is acceptable to AGENCY or
ADVERTISER, STATION shall provide AGENCY or ADVERTISER with the following: (1) for an on-air
program, a pro-rata reduction in the time and/or program charges hereunder in the amount of money
assigned to the time and/or program charges at the time of purchase; (2) for an on-air commercial
announcement, a reduction in the time charges equal to the amount of money assigned to the commercial
announcement at the time of purchase; and (3) for all other advertising, a pro-rata reduction of charges
hereunder. The preceding shall be STATION’s sole liability for any failure to broadcast/publish any
advertising hereunder. IN NO EVENT SHALL THE STATION BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE.
SUBSTITUTION OF PROGRAMS OF PUBLIC SIGNIFICANCE
(a) STATION shall have the right to cancel any purchased advertising or portion covered by this
Contract to broadcast any program (or publish any content) which, in its absolute discretion, it
deems public significance. In any such case, STATION will notify AGENCY or ADVERTISER in
advance if reasonably possible. Still, where such notice cannot reasonably be given, STATION will
notify AGENCY or ADVERTISER promptly after such scheduled broadcast/publication has been
(b) If AGENCY or ADVERTISER and STATION cannot agree upon a satisfactory substitute day and time,
the broadcast/publication time so preempted shall be deemed canceled without affecting the rates,
discounts, or rights provided under this Contract, except that AGENCY or ADVERTISER shall not
have to pay the canceled STATION charges.
ON-AIR RATE CLASS CODES AND OTHER TERMS
(a) ALL COMMERCIAL ADVERTISING IS SOLD ON A (P)PREEMPTIBLE BASIS UNLESS SPECIFIED
WITHIN THE CONTRACT AND ACCEPTED IN WRITING BY THE WOOF BOOM RADIO GENERAL
(b) The on-air Rate Class Codes are as follows: F = Fixed, will run within designated day and day part; M
= Moveable within the overall time parameters indicated without promise as to the specific
placement or distribution therein; P = Preemptible, scheduled to run within the time parameters
indicated subject to preemption for other business at the discretion of the STATION. All Advertising
is sold on a Preemptible basis unless specified by the Contract and approved by the Woof Boom
Radio General Manager.
(c) Any additional written terms and conditions contained in STATION’s proposal or quotation that are
not inconsistent herewith are hereby incorporated by reference.
PROGRAM AND COMMERCIAL MATERIAL
(a) Unless otherwise noted on the face of this Contract, all advertising shall be furnished by STATION,
excluding content and material, which shall be provided by AGENCY or ADVERTISER. All expenses
connected with the delivery of advertising to STATION, and with return from there, if the return is
directed, shall be paid by AGENCY or ADVERTISER. If STATION furnishes or produces the
advertising, STATION shall own all rights to such advertising and the copy and content contained
therein, including without limitation all copyrights, the creative concept contained therein, and any
display, audio, and/or video content.
(b) STATION will attempt to advise AGENCY or ADVERTISER by telephone or email if AGENCY or
ADVERTISER furnishes advertising material and/or scheduling instructions that do not arrive 72
hours before the advertising date. If such material and instructions do not arrive at the STATION
within twenty-four (24) hours after STATION has notified the AGENCY or ADVERTISER, STATION
may bill the AGENCY or ADVERTISER (as the case may be) for the time/advertising
reserved. Despite late receipt, STATION will use reasonable commercial efforts to
broadcast/publish material received from AGENCY or ADVERTISER.
(c) If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God,
labor disputes, or for any other cause beyond AGENCY’s or ADVERTISER’S control, AGENCY or
ADVERTISER cannot provide advertising material before scheduled broadcast/publication
hereunder, AGENCY or ADVERTISER shall not be liable to STATION. In such an event, STATION
shall suggest a substitute day and time-period for the broadcast/publication of said advertising and
program material. If no such substitute day and time-period are mutually agreed upon, STATION
shall credit AGENCY or ADVERTISER for the charges hereunder in the amount of money assigned to
the subject advertising.
(d) Advertising material provided by the AGENCY and ADVERTISER is subject to approval, and
STATION may exercise a continuing right to reject such material, including a right to refuse for
unsatisfactory technical quality or content. If advertising material is unsatisfactory, STATION shall
have the right to substitute its material at no penalty to AGENCY or ADVERTISER. If the commercial
material is unsatisfactory, STATION will attempt to notify AGENCY or ADVERTISER by telephone or
email unless AGENCY or ADVERTISER furnishes satisfactory material twenty-four (24) hours before
broadcast or publication time. STATION may bill AGENCY or ADVERTISER (as the case may be) for
the time/advertising reserved. Despite late receipt, STATION will use reasonable commercial
efforts to broadcast/publish material received from AGENCY or ADVERTISER.
(e) In the event STATION provides copy and/or production services to ADVERTISER, all rights to such
copy, production, and any audio and /or video recordings thereof shall be and remain the sole and
exclusive property of STATION, and ADVERTISER’s permitted use thereof shall be limited to
advertising on the STATION.
(f) Promotions, events, or sales concepts are the property of the STATION unless named explicitly
within the Contract.
(a) STATION agrees to hold and save AGENCY and ADVERTISER harmless against all liability resulting
from the broadcast of material supplied by STATION (i.e., excluding material furnished by AGENCY
or ADVERTISER. AGENCY and ADVERTISER jointly and severally agree to hold and save STATION
harmless against all liability resulting from the advertising material or program material furnished
by AGENCY or ADVERTISER.
(b) AGENCY and ADVERTISER warrant that all commercials provided to STATION are appropriately
licensed to be published and performed via over-the-air broadcast and on the internet. The
STATION may elect to publish and perform commercials on the internet.
MISCELLANEOUS TERMS AND CONDITIONS
(a) STATION shall exercise standard precautions in handling of property and mail but assumes no
liability for loss of or damage to program or advertising material and other property furnished by
AGENCY or ADVERTISER. STATION will not accept or process mail, correspondence, or telephone
calls concerning broadcasts/publications except after prior approval.
(b) In the event of any legal action (including arbitration) to enforce or interpret this AGREEMENT, the
non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses
(including any fees incurred in the collection of a debt) of the prevailing Party in such amount as
may be determined. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees
incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the
prevailing Party. The PARTIES intend the preceding sentence to be severable from the other
provisions of this AGREEMENT and to survive and not be merged into such judgment.
(c) This Contract, including the rights under it, may not be assigned or transferred by AGENCY or
ADVERTISER without first obtaining the consent of STATION in writing, nor may STATION be
required to broadcast/publish hereunder for the benefit of any ADVERTISER other than the one
named on the face contract. Failure of STATION, AGENCY, or ADVERTISER to enforce any of the
provisions herein shall not be construed as a general relinquishment or waiver of that or any other
(d) STATION’s obligations hereunder are subject to the terms and conditions of licenses held by it and
to applicable Federal, State of Indiana, and local laws and regulations. This AGREEMENT and the
rights and obligations of the PARTIES hereto shall be governed by and construed according to the
laws of the State of Indiana. The PARTIES consent to the Indiana courts’ exclusive jurisdiction for
enforcing this AGREEMENT.
(e) This Contract contains the entire AGREEMENT between the PARTIES relating to the subject matter
herein contained, and no change or modification of any of its terms and provisions shall be effective
against any party unless the same is in writing and signed by said Party.
(f) This AGREEMENT may be executed in counterparts, each of which shall be deemed an original and
which together shall constitute one and the same instrument.
(g) Any sales, use, gross receipts, or similar taxes imposed as a result of this order shall be the
responsibility of the AGENCY and ADVERTISER. STATION may collect such tax in addition to the
price of advertising hereunder.
(h) The STATION reserves the right to charge a Regulatory Fee for any fees, taxes, or tariffs set by the
Federal Communications Commission on WBR or its licensees.
(i) Any changes to these terms and conditions are only valid if the Woof Boom Radio General Manager
or its designee accepts them in writing.
(j) The STATION will update these terms and conditions periodically. Current Terms and Conditions can be found at this site: https://woofboom.com/standard-advertising-terms-and-conditions
ISSUED December 15, 2023