Media Representation Agreement
Category: 270 Legal Recent Posts, Advertising, Media
Media Representation Agreement
September 24, 2007
The following sets forth the agreement (“Agreement”) between ABC National Television Sales, Inc. (“ABC”) and ProLink Solutions, LLC (“ProLink”) in connection with advertising sales representation by ABC for video display monitors on golf carts. ABC and ProLink are sometimes referred to herein individually as a “Party” and collectively, as the “Parties”.
1. Scope of Engagement.
(a) ProLink is engaged in the business of designing, manufacturing, maintaining and selling GPS golf course management systems and software to golf course owners and operators, the sale of advertising and sponsorship space on the screens of the systems that it sells (the “Monitors”), and the brokering of the financing of the systems that it sells to golf courses located throughout the United States (the “Territory”). A list of the current golf clubs at which ProLink has the right to place advertisements on the Monitors is attached hereto as Exhibit A. The Monitors display golf round information to the golfer utilizing the golf cart and also content and advertising on a continuous basis while the golf carts are in use.
(b) ProLink wishes to retain ABC on a commission basis as its exclusive agent (except as otherwise set forth below and in paragraph 5) for the sale of national and local advertising on the Monitors in the Territory during the Tern, as defined below, and ABC is willing to act in such capacity. Such appointment shall in no way limit the ability of ProLink, as well as ABC, to sell advertising on the Monitors to all “endemic advertisers” unique to the golf space. For the purposes of this contract, an “endemic advertiser” is an advertiser that sells golf equipment or golf apparel of the kind typically sold in a golf shop located on a golf course. In addition, subject to the restrictions set forth in paragraph 5, ProLink may sell advertising to the advertisers listed on Exhibit B (the “ProLink Targets”). ABC agrees that, during the Term, for so long as it remains ProLink’s exclusive agent for the sale of national and local advertising on the Monitors, it shall not sell national and local advertising on behalf of any other network that provides content availability to the golf community through monitors located at golf courses.
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