Standard Graphic and/or Digital Sponsorship Terms and Conditions Insertion Order (IO) Advertising Agreement

Last Updated: January 12, 2022

In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows:

1. Advertisement Display and Services

The Advertiser agrees to publish the Advertisement and/or content (eg. Podcast recording; webinar; graphic ad; etc.) on Concierge Medicine Today, LLC., owned and/or managed media, web, social media or event properties and distribution channels for a set forth period of time outlined in writing, email or agreed upon in the form of an invoice sent to Advertiser prior to payment being received by Concierge Medicine Today, LLC. If the Advertiser desires to remove the Advertisement from Concierge Medicine Today, LLC., owned and/or managed media, web, social media or event properties and distribution channels prior to the end of this period, the Advertiser must request that in writing. Advertiser desires CONCIERGE MEDICINE TODAY, LLC., to implement the advertisement described in the Insertion Order (IO) agreed upon by CONCIERGE MEDICINE TODAY, LLC., and Advertiser. The IO and these Terms & Conditions are referred to collectively as the Agreement. No refund will be made for such early withdrawal of any Advertisement.

2. Payment

The Advertiser shall pay the Concierge Medicine Today, LLC., prior to release of any work being done. All fees and payments are due in-full (plus applicable taxes) and payable at the same time as the execution and delivery of this Agreement. All late payments are subject to interest accrued at the rate of 10% per month, or up to the maximum amount allowed by law, whichever is greater. In the event if the Advertiser defaults in making the full payment within 10-days of Agreement, the Concierge Medicine Today, LLC. reserves the right to suspend the Advertisement posted on Concierge Medicine Today, LLC., owned and/or managed media, web, social media or event properties and distribution channels. All rates and applicable fees assigned by Concierge Medicine Today, LLC. and its agents and/or Representative(s) are based on payment by check or electronic funds transfer via PayPal.com. Payment is due upon submission of this signed Agreement and selection of advertising desired. If a payment schedule is agreed upon, Concierge Medicine Today, LLC. its agents/Representative(s) may immediately cancel all orders for advertising if such payment schedule is not met. Advertiser shall indemnify Concierge Medicine Today, LLC. and its agents/Representative(s) for all expenses incurred in connection with the collection of amounts payable, including court cost(s) and attorneys’ fees, if applicable.

3. Content

Advertiser shall deliver the Advertisements to Concierge Medicine Today, LLC., digitally via email or other agreed upon method at least fifteen (15) business days before the scheduled start date. Advertiser shall be solely responsible for providing image licenses, the Advertisement in the format required for display and acknowledges and agrees that they hold the proper copyright to use such graphics. If in the event any copyright infringement on any particular graphic is determined at any date set in the future, Advertiser agrees, acknowledges and accepts that they are solely responsible for any damages, financial or otherwise and agrees to hold harmless and indemnify Concierge Medicine Today, LLC., it agents or authorized representatives free of any financial, legal or dispute resulting in the copyright infringement. Advertiser acknowledges that Concierge Medicine Today, LLC., its agents/authorized representatives will not be responsible or liable for the quality of any portion of the Advertisement that does not meet the established mechanical criteria. If at any time Advertiser desires to modify its content, it shall provide a written request to Concierge Medicine Today, LLC., specifying in detail the modification desired. Advertiser shall, within a reasonable time, effectuate the modifications to the content.

4. Liability

Advertiser shall be fully responsible and liable for the content contained in the Advertisement. The Owner is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents. Once again, Advertiser shall be solely responsible for providing image licenses, the Advertisement in the format required for display and acknowledges and agrees that they hold the proper copyright to use such graphics. If in the event any copyright infringement on any particular graphic is determined at any date set in the future, Advertiser agrees, acknowledges and accepts that they are solely responsible for any damages, financial or otherwise and agrees to hold harmless and indemnify Concierge Medicine Today, LLC., it agents or authorized representatives free of any financial, legal or dispute resulting in the copyright infringement.

5. Prohibited Content

Advertisements shall not contain: (i) any content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content; (ii) any content which is explicative or inappropriate language; (iii) content promoting illegal activity, racism, hate, “spam”, mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law; (iv) content that is libellous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by Concierge Medicine Today, LLC. in its sole discretion. Use of any such inappropriate content by the Advertiser will result in the suspension, termination and removal of the Advertisement or any other action deemed necessary by Concierge Medicine Today, LLC., its agents or authorized representatives in its sole discretion.

6. Acceptance

Concierge Medicine Today, LLC., its agents or authorized representatives may reject or cancel any Advertisement for any reason which it believes in good-faith to be detrimental. If Concierge Medicine Today, LLC., its agents or authorized representatives so rejects the Advertiser’s Advertisement or terminates its display, then this Agreement shall be terminated, and Website Owner will return any prepaid advertising fees to Client. If in the event the advertisement is removed from agreed upon distribution channels early, Advertiser recognizes that 1) their advertisement has expired; 2) it was accidentally and/or inadvertently removed and will be replaced or updated by Concierge Medicine Today, LLC., or 3) it was requested by Advertiser that the advertisement be removed. If in the event “number 2” (above) was found, Advertiser understands that Concierge Medicine Today, LLC. will work with Advertiser to replace, modify or update the advertisement within 90 business days and Advertiser understands that no compensation in the form of refund or payment will be made or paid back to Advertiser. Additionally, Advertiser agrees to hold harmless and release Concierge Medicine Today, LLC., it’s agents/authorized representatives from any damages occurring from the removal of the advertisement.

7. License

Advertiser grants the Concierge Medicine Today, LLC., a limited, non-transferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit the Advertiser’s Advertisement (including any logos, trade names, trademarks and/or service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, the Advertiser understands that these images may be permanent on the web, even if removed by Concierge Medicine Today, LLC.. Advertiser agrees to release, hold harmless and indemnify Concierge Medicine Today, LLC., if further display of the Advertisement is found either on a Concierge Medicine Today, LLC., owned and/or managed media, web, social media or event properties and distribution channels AS WELL AS on outside third party sites. Nothing in this Agreement grants Advertiser any right to use Concierge Medicine Today, LLC., name, trademark(s), brands, product names, brand imprints, or service mark(s) of Concierge Medicine Today, LLC., in any future advertisement, sales promotion, or press release without Concierge Medicine Today, LLC.’s prior written approval.

8. Proprietary Rights and Copyright

Advertiser acknowledges that the contents of the Advertiser’s linked website(s), including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by the Advertiser, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of the Advertiser. Advertiser retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Advertisement, Advertiser’s trade names, trademarks and service marks therein. Advertiser (eg respective Sponsors/Speakers/Advertiser) will be owner of all recorded content and grants CONCIERGE MEDICINE TODAY, LLC., a full, non-exclusive license to use such content to promote, sell and/or market their recording after the event(s). CONCIERGE MEDICINE TODAY, LLC., may redistribute, sell and/or repurpose the recording(s)/photos/webinars/podcasts/etc., and all content without prior approval or royalties paid to Advertiser or its agents or affiliated representatives.

9. Advertiser Warranty.

Advertiser warrants to Concierge Medicine Today, LLC., that: (i) Advertiser has the right and authority to enter into and perform its obligations under this Agreement; (ii) the Advertisement shall conform to the description and specifications set forth by Concierge Medicine Today, LLC; (iii) the Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country; (iv) the Advertisement does not and shall not contain or be alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person’s trade secret, name, likeness or identity; (v) the Advertisement and subsequent links provided by the Advertiser’s web site(s) contain no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy ware or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about Concierge Medicine Today, LLC or the users of the website(s); (vi) CONCIERGE MEDICINE TODAY, LLC., and Advertiser own valuable trademarks, service marks, and logos (collectively and respectively the “CONCIERGE MEDICINE TODAY, LLC., Marks” and “Advertiser Marks”).  Each party has an obligation to ensure consistent use of its marks in association with its services. Each party retains all right, title, and interest in and to its marks and their associated goodwill.

10. Disclaimer and Performance of Advertisement(s)
    

The services and site(s) are provided as is, without warranty of any kind, express or implied and any use of our services and/or website(s) and distribution channels are at Advertiser’s sole risk. Concierge Medicine Today, LLC., does not warrant that the services, distribution channels and/or website(s) will be uninterrupted or error free, nor does Concierge Medicine Today, LLC., make any warranty as to the performance or any results that may be obtained by use of the services, distribution channels and/or website(s). Concierge Medicine Today, LLC., makes no other guarantees, provides no reporting, bench marks or quality metrics, warranties, express or implied, including, without limitation, any implied guarantees, warranties of merchantability and fitness for any particular purpose, concerning the subject matter of this agreement or the advertisement(s) purchased or agreed upon.

11. Independent Contractor

Concierge Medicine Today, LLC., shall provide the Services as an independent contractor and Concierge Medicine Today, LLC., shall not act as an employee, agent or broker of the Advertiser. As an independent contractor, Concierge Medicine Today, LLC., will be solely responsible for paying any and all taxes levied by applicable laws on its compensation.

12. Technical and Content Requirements

Email Placement must adhere to technical requirements listed below. Email Placements submitted that do not meet CONCIERGE MEDICINE TODAY, LLC., technical requirements will be returned. No credit will be given for delayed start due to content submitted that does not meet technical requirements.

• Formats: JPEG
• Weight limits: JPEG 20K (CONCIERGE MEDICINE TODAY, LLC., will return run ads that exceed weight limit)
• No Animation (will not appear in Outlook) URL to link must be provided at time of submission.
• For Text ad: Logo that is 90 x90 and 400 characters of text (includes spaces and punctuation) with URL link
• CONCIERGE MEDICINE TODAY, LLC., does not accept ads for Webinars, virtual events, in person events, or programs that directly compete with CONCIERGE MEDICINE TODAY, LLC., programs unless approved in advance.
• CONCIERGE MEDICINE TODAY, LLC., reserves the right to refuse, remove, move or cancel any Email Placement at any time without cause. All submissions are subject to CONCIERGE MEDICINE TODAY, LLC., approval.

13. Usage Statistics

CONCIERGE MEDICINE TODAY, LLC., makes no guarantee with regards to usage statistics and is under no obligation to do so. Any usage statistics shared with Partner/Sponsor by CONCIERGE MEDICINE TODAY, LLC., are based on averages and Partner’s ad may perform very differently based on a number of factors. Clicks, listens, watch, downloads, visits, and the like as well as click thru rates are highly dependent on the ad, subject matter and/or content the Sponsor/Partner provides and therefore CONCIERGE MEDICINE TODAY, LLC., cannot be held responsible for ad placements that do not perform well. CONCIERGE MEDICINE TODAY, LLC., will not be held liable for any claims as they relate to usage statistics. CONCIERGE MEDICINE TODAY, LLC., provides Partner with usage statistics only as a courtesy.

14. Content Liability

Advertiser agrees that all material included in the advertisement provided by Advertiser shall be original works of authorship or that all necessary approvals, rights, and clearances have been obtained.  CONCIERGE MEDICINE TODAY, LLC., reserves the right to remove any Advertiser’s material for which Advertiser fails to timely provide proof of authorization. CONCIERGE MEDICINE TODAY, LLC., reserves the right to cancel any agreement we have together, in part or in whole, in the event of actual or alleged copyright or other infringement. Furthermore, Advertiser understands, agrees to and accepts that Advertiser is solely responsible for any legal action, financial penalties, copyright infringement, damages, personal injury, death, legal action, fees, legal fees, legal proceedings, fines, legal expenses and the like resulting out of any liability arising out of or use of or relating to Advertiser’s content in any Concierge Medicine Today, LLC., owned and/or managed media, web, social media or event properties and distribution channels, no matter what form that may take. Advertiser agrees to hold harmless, release and indemnify Concierge Medicine Today, LLC, it’s agents and/or authorized representatives from any such actions taken by any individual, company, attorney, legal firm, or the like. The terms of this Section shall survive any expiration or termination of this Agreement.

15. Email placement terms and conditions for partners and sponsors.

CONCIERGE MEDICINE TODAY, LLC., Email Placement Terms & Conditions are below.  CONCIERGE MEDICINE TODAY, LLC., reserves the right to cancel the Email Placement with no refund if the Partner does not conform to these Terms & Conditions.

16. Cancellation Policy

Email Placement may be rescheduled if Partner notifies CONCIERGE MEDICINE TODAY, LLC., 8 weeks in advance of the scheduled Email Placement date. With less than 8 weeks notice Partner may cancel the Email Placement but will not receive a refund or the option to reschedule.  Cancellations must be received in writing.

17. Submission

Email Placement files must be submitted at least 10 business days prior to scheduled run date. CONCIERGE MEDICINE TODAY, LLC., will not guarantee that the Email Placement will run on time if content is not received 10 days prior to scheduled run date. No credit will be issued due to late submission.

18. Agreement to Additional Disclaimers, Terms and Conditions and Privacy Policy

In addition to this “Standard Graphic and/or Digital Sponsorship Terms and Conditions Insertion Order (IO) Advertising Agreement” Advertiser is also consenting to, acknowledges and agrees to Concierge Medicine Today, LLC’s Terms and Conditions of Use Policy, and Privacy Policy as outlined here: https://conciergemedicinetoday.org/tcpp/

19. Term.

These terms & conditions shall be effective as of the date of signature of the IO and shall expire ninety (90) days after the completion of all deliverables/serviceables related to the Program.

20. Fee.

Advertiser agrees to pay the CONCIERGE MEDICINE TODAY, LLC., the full (100%) Fee for the Program as described in the Insertion Order (herein IO the “Fee”.  Any late payment shall earn interest at the maximum rate then legally permitted for commercial transactions from the due date until payment is received by the CONCIERGE MEDICINE TODAY, LLC.  Advertiser agrees to reimburse CONCIERGE MEDICINE TODAY, LLC., for any costs incurred in collection of amounts due CONCIERGE MEDICINE TODAY, LLC.

21. Licenses

Advertiser hereby grants CONCIERGE MEDICINE TODAY, LLC., a non-exclusive, limited license to use the Advertiser trademarks, service marks, logos, provided graphics and/or images and the content on provided graphic or advertisement (in whatever form is agreed upon – eg. Video, powerpoint, JPG, TIF, Etc. and the like) and other service marks or Advertiser provided content solely in connection with promoting the Advertisement. Advertiser shall include the indicia ® or TM to CONCIERGE MEDICINE TODAY, LLC., if necessary and as directed by the CONCIERGE MEDICINE TODAY, LLC and/or Advertiser authorized representative(s) or agents.  Advertiser hereby grants CONCIERGE MEDICINE TODAY, LLC., a non-exclusive license to use the Advertiser’s trademarks, brand, logos, graphics, etc., in connection with promoting the Program free from any copyright penalties and/or damages. CONCIERGE MEDICINE TODAY, LLC., acknowledges Advertiser’s exclusive right, title, and interest in and to Advertiser’s marks and agrees to include the appropriate indicia as necessary and when appropriate at the guidance of the Advertiser.

22. License Term

The license to use the marks shall terminate upon expiration or the earlier termination (for any reason) of this Agreement.

23. Use of Email and Participant’s Contact Information

Pursuant to this Agreement, if Advertiser obtains through its provided URL and/or web site(s) any email(s) and/or other contact information from “clicks” or event listeners, users or event/program participants (herein “User(s)”)… Advertiser has a limited right to use such information as follows. Advertiser shall not SPAM or use this information for nefarious purposes. At all times Advertiser must comply with all applicable local, state, federal, or international laws, regulations, rules, guidelines, and other requirements (as any of these may be amended from time to time) related to the use of any “User(s)” information. During the Term of this Agreement, in each communication with “User(s)”, Advertiser must provide an option for “User(s)” to fully opt-out of any future communication from Advertiser. Advertiser must ensure that any “User(s)” that opts-out receives no further communication from Advertiser. Advertiser must implement, regularly update, maintain, and adhere to policies that ensure compliance with this provision. Under no circumstances may Advertiser sell or provide “User(s)” email, contact information, personal or professional, or other identifying information to any other party.

24. Confidentiality

Each party acknowledges that due to this Agreement, it may acquire from the other party certain confidential information. “Confidential Information” means any material, data, or information disclosed by a party that is not generally known by or disclosed to the public or third persons and includes without limitation information relating to membership or subscribers and other confidential information relating to the operation of a party’s business. Confidential Information shall not include information that the non-disclosing party can demonstrate it learned prior to the disclosure or that has become publicly known through authorized disclosures.  Each party agrees to exercise the same degree of care and protection with respect to the Confidential Information of the disclosing party that it exercises with respect to its own Confidential Information and not to directly or indirectly disclose, copy, distribute, republish or allow any third party to have access to any Confidential Information. Each party may disclose Confidential Information to its employees and/or authorized agents who have a need to know, so long as they are advised of the restrictions in this Agreement. The terms of this Section shall survive any expiration or termination of this Agreement.

25. Indemnification

Each party shall indemnify, defend, and hold the other party, its affiliates, directors, officers, employees, representatives, agents and successors (collectively the “Indemnified Parties”) harmless from and against any and all claims of third parties, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, and shall pay all damages, losses, expenses, claims, costs and reasonable attorneys’ fees incurred by the Indemnified Parties as a result of, or related to a) violations of this Agreement; b) the negligent or willful misconduct, misrepresentation, failure to follow applicable local, state, federal, or international laws, or copyright or trademark infringement in connection with the other party’s marks used under to this Agreement. The terms of this Section shall survive any expiration or termination of this Agreement.

26. Termination

CONCIERGE MEDICINE TODAY, LLC., may terminate this Agreement at any time and retain any amounts paid by Advertiser as damages if (a) Advertiser fails to make any required payment which is not cured within ten (10) days following Advertiser’s receipt of the Concierge Medicine Today, LLC.s, written notice;  (b) Advertiser uses any CONCIERGE MEDICINE TODAY, LLC., marks, “User(s)” information, or Confidential Information contrary to this Agreement, including any use which disparages or places in disrepute the CONCIERGE MEDICINE TODAY, LLC., or adversely affects or detracts from the Concierge Medicine Today, LLC.s,  goodwill;  (c)  Advertiser breaches any other representation, warranty, covenant, or other provision of the Agreement.

27. Limitation of Liability

ADVERTISER’S SOLE AND EXCLUSIVE REMEDY FOR THE CONCIERGE MEDICINE TODAY, LLC.S,  BREACH OF THIS AGREEMENT SHALL BE THE CONCIERGE MEDICINE TODAY, LLC.S, PROVIDING A SUBSTITUTE PARTNERSHIP OPPORTUNITY OR REFUND OF THE FEE PAID TO THE ADVERTISER solely, (AT THE election of CONCIERGE MEDICINE TODAY, LLC.) AND ADVERTISER AGREES TO RELEASE CONCIERGE MEDICINE TODAY, LLC FROM ANY FUTURE and/OR PRESENT DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INCLUDING LOST SALES OR PROFITS.

28. Miscellaneous

In the event the above terms and conditions are not specific or detailed enough, the following items are to provide clarity and are also considered part agreed upon and part of this Agreement.

1. Placement of Advertisement and Release Dates/Schedule/Calendar. CONCIERGE MEDICINE TODAY, LLC., reserves the right to solely determine placement of the advertisement, release date and schedule and/or place(s) of distribution. CONCIERGE MEDICINE TODAY, LLC., may cancel the Advertisement with no refund, without cause and/or without notice if the Advertiser does not conform to the Terms & Conditions of this Agreement in any way.
2. Rescheduling, Delaying or Cancellation. Advertisement and/or content and it’s placement and/or distribution may be delayed, rescheduled if Advertiser notifies CONCIERGE MEDICINE TODAY, LLC., within 2-12 weeks in advance of the scheduled content placement date discussed and/or agreed upon. With less than 8 weeks notice Advertiser may cancel the Advertisement for a 50% refund but will not receive a full refund or the option to reschedule in the future. Cancellations must be received in writing.
3. Content Library at CONCIERGE MEDICINE TODAY, LLC., and our DocPreneur Leadership Academy and DocPreneur Leadership Podcast. CONCIERGE MEDICINE TODAY, LLC., may post/distribute and/or release Advertisement on www.ConciergeMedicineToday.org, DocPreneur Leadership Academy (fordoctorsforum.org), https://members.fordoctorsforum.org/,  www.ConciergeMedicineToday.com, www.DirectPrimaryCare.com, www.DirectPrimaryCareJournal.com, , www.ConciergeMedicineForum.com, www.ForDoctorsForum.com for an indefinite period or time without the expectation of removal, royalties or renumeration in any form.
4. Performance & Usage Statistics. CONCIERGE MEDICINE TODAY, LLC., makes no guarantee with regards to performance statistics. Any performance statistics shared with Sponsor by CONCIERGE MEDICINE TODAY, LLC., are based on averages and Advertiser/Sponsor’s presentation/ad may perform very differently based on a number of factors. Performance statistics are highly dependent on the content the Sponsor provides and therefore CONCIERGE MEDICINE TODAY, LLC.,  cannot be held responsible for ads/webinars/podcasts that do not perform well. CONCIERGE MEDICINE TODAY, LLC., will not be held liable for any claims as they relate to performance statistics. CONCIERGE MEDICINE TODAY, LLC., provides Advertiser Sponsor with performance statistics only as a courtesy and reserves the right to not have to provide any performance statistics.
5. Program Support. CONCIERGE MEDICINE TODAY, LLC., will assign a Production Manager/Host to coordinate ad or advertisement/sponsorship production. The Production Manager/Host will assist in every step of the process from planning to promotion and follow up, to ensure a successful event.
6. Promotion, Release and Distribution. CONCIERGE MEDICINE TODAY, LLC., may engage in the following strategies to promote your advertisement/sponsorship/content to our audience. CONCIERGE MEDICINE TODAY, LLC., encourages the Advertiser/Sponsor/Speaker/etc., to engage in similar strategies and Advertiser will provide assistance and support, within reason, as requested to Concierge Medicine Today, LLC, it’s agents/representatives to help the advertisement succeed, in whatever form that may take. Not all strategies will be used for every Advertiser/sponsor/ sponsorship or advertisement.
7. Ownership. Advertiser/Sponsor/Speaker will be owner of all Webinar/Podcast and/or content and grants CONCIERGE MEDICINE TODAY, LLC., a full, non-exclusive license to use such content to promote, sell and/or market the Webinar/Podcast. CONCIERGE MEDICINE TODAY, LLC., may redistribute and/or repurpose the Webinar(s)/Podcast(s) content without prior approval from Sponsor/Speaker/Advertiser. Additionally as another added benefit, in order to maximize exposure, add a longer shelf-life to your presentation/session/talk and increase your visibility as an expert, brand and/or your practice and/or your company and services, Concierge Medicine Today, LLC., may bundle and/or sell these webinars/podcasts/speeches, stories, interviews, and/or presentations in different ways online and offline over the next year and well into the future without notification, consent, renumeration(s) and/or royalties as well. The terms of this point (g) shall survive any expiration or termination of this Agreement.
8. Content Liability. The Advertiser, its agents/authorized representatives and/or Speaker is solely responsible for any liability arising out of or relating to advertisement, it’s content, and/or Speaker’s content in any form or fashion provided to Concierge Medicine Today, LLC., and/or any material to which users can link through the content.
9. Submission. Content files must be submitted at least 10-30 business days prior to scheduled release or distribution date. CONCIERGE MEDICINE TODAY, LLC., will not guarantee that the advertisement/content will begin on time if it is not received 10 days prior to scheduled run date. No credit will be issued due to late submission.  Unless otherwise specified in the Insertion Order (IO) and in writing, all content is to be provided by Advertiser. Any content production or editing may result in additional charges.
10. Technical and Content Requirements. Content must adhere to technical requirements listed below. When Advertisement/content submitted/provided that does not meet CONCIERGE MEDICINE TODAY, LLC., technical requirements, it will be returned. No credit will be given for delayed start due to advertisement(s)/content submitted that do not meeting technical requirements.
    1. Absolutely No Animation is allowed.
    2. CONCIERGE MEDICINE TODAY, LLC., does not accept Content which promotes webinars, virtual events, in-person events, or programs that directly compete with CONCIERGE MEDICINE TODAY, LLC., programs.
    3. CONCIERGE MEDICINE TODAY, LLC., reserves the right to refuse or cancel any advertisement/content at any time without cause. All submissions are subject to CONCIERGE MEDICINE TODAY, LLC., approval.
    4. Advertiser must provide a url link in which they are solely responsible for and liable for if the advertisement, article and/or content that is to be promoted requires such a link.
11. Special Terms & Conditions. Depending on the type of Sponsorship, attendee participation and/or services provided between Advertiser and Concierge Medicine Today, LLC., the Advertiser is also subject this Agreement(s) and Terms and Conditions also outlined for advertisements and/or sponsorships or services provided as outlined at:
    1. Live and Recorded Event/Speaker Agreement – http://conciergemedicineforum.com/live-and-recorded-events-speaker-agreement/
    2. CMT Code of Conduct – http://conciergemedicineforum.com/cmt-code-of-conduct/
    3. Live Event/Exhibitor Sponsorship Terms and Conditions – http://conciergemedicineforum.com/live-event-sponsorship-terms-and-conditions/
    4. Webinar Recordings and Podcast Guest-Speaker Terms and Conditions – http://conciergemedicineforum.com/webinar-and-podcast-terms-and-conditions/
    5. Comprehensive Terms and Conditions For All CMF Participants/Attendees – http://conciergemedicineforum.com/2021-comprehensive-terms-conditions-2/
    6. Participant-Attendee Virtual Conference Terms and Conditions – http://conciergemedicineforum.com/paid-attendee-virtual-conference-terms-and-conditions/
    7. Virtual Conference/Virtual Meeting/Virtual Recording Sponsor and Speaker Terms and Conditions – http://conciergemedicineforum.com/virtual-sponsor-terms-and-conditions/
12. Assignment. This Agreement is not assignable without the prior written consent of the other party, except in the case of an acquisition where the acquirer assumes all obligations of the acquired organization.  Partner may not sublicense any of its rights or obligations.  This Agreement will inure to the benefit of the Parties, their successors and permitted assigns.
13. Relationship of the Parties.  CONCIERGE MEDICINE TODAY, LLC., and Advertiser are and shall remain independent contractors. No party is the agent, representative, or joint venture partner of the other party and this Agreement does not constitute a franchise. No party shall make any representations or warranties or incur any obligation or liability on behalf of the other party.
14. Waiver.  No waiver or modification of any of the terms of this Agreement shall be valid unless in a writing signed by both parties.  Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default in one or more instances shall not be construed as a continuing waiver or as a waiver in other instances.
15. Force Majeure.  Concierge Medicine Today, LLC.s,  obligation to provide the “Advertisement or IO” service(s) shall be excused during such time as and to the extent that performance is prevented by any occurrences or acts beyond the Concierge Medicine Today, LLC.s, control, including without limitation, a pandemic, an epidemic, riots, loss of power, loss of Internet, fire, war, explosion, the elements, weather, storms, acts of God or public enemy, and any ruling, law, or regulation of any local, state, provincial, federal, or national governmental body having jurisdiction over the parties, other Advertiser, or the subject matter of this Agreement. Under such circumstances, the Term of the Agreement shall be extended by that period of time during which performance was so prevented.
16. Notice.  Any notice, election or other written communication required or desired to be given hereunder shall be deemed given or made at such time as it is delivered in writing to the CONCIERGE MEDICINE TODAY, LLC., contact person listed above (or designee), and if to Advertiser to the contact person listed above (or designee). Either Party may specify some other address for the receipt of such written communications by giving written notice of such change to the other Party. Both Parties agree that email communication shall count as written communication.
17. Authority.  Each Party represents and warrants to the other that it is duly organized, validly existing, and in good standing under the laws of the state of its incorporation or organization and that it has full power and authority to carry on its business and to enter into, and to perform its obligations as set forth in this Agreement.
18. Governing Law. This Agreement is governed by the law of the State of Georgia, and all rights, duties, and obligations of the parties under this Agreement shall be determined in accordance with the laws of Georgia, without reference to its choice of law provisions.  Any legal action will be brought to the Georgia state court in Atlanta, GA USA.  This Advertising Agreement shall only be interpreted and enforced in accordance with the laws of the State of Georgia and the proper venue to resolve any and all disputes arising from any of the terms, responsibilities, or liabilities under this Agreement shall be in Forsyth County, State of Georgia. This Agreement shall be binding upon the parties, its successors and/or assignees.
19. CANCELLATION POLICY. Payment in full is due prior to distribution of Advertiser’s ad. Orders are due 30 days prior to publication unless written exception is provided. For annual or quarterly advertising, a payment schedule may be arranged. All past due accounts are subject to an additional 10% interest charge per month. Advertiser agrees if payment is not made Advertiser is liable for past-due accounts. In the event of non-payment, Concierge Medicine Today, LLC and/or one its agents or Representatives is entitled to any court costs, collection agency fees, attorney’s fees or other costs, that may result from said nonpayment.
20. NO GUARANTEES. It is agreed upon, understood and accepted that Concierge Medicine Today, LLC., makes no guarantees, tracking or ROI promises or guarantees of any of its advertisements in which is distributes.
21. TAXES ON ADVERTISING. In the event that any international, federal, state or local taxes are imposed on the printing of advertising materials or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser. If company/client/Avertiser is tax-exempt, a tax exempt form and/or letter must be received by Concierge Medicine Today, LLC.
22. OWNERSHIP of ADVERTISING COPY. All advertising copy that represents the creative efforts of Concierge Medicine Today, LLC. and its Representative(s) and/or the utilization of creativity, illustrations, labor, composition or material furnished by Concierge Medicine Today, LLC is and remains the property of Concierge Medicine Today, LLC. and/or its Representative(s) or Management Company, including all rights of copyright therein. Advertisers cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy for use in any other medium without the express written consent of Concierge Medicine Today, LLC. or one of its Representatives.
23. LIABILITY FOR ERRORS. Concierge Medicine Today, LLC. and/or its Agents/Representatives assume no liability for any advertisement whether or not it is supplied camera-ready by the Advertiser. Concierge Medicine Today, LLC. and/or its Representatives are not responsible for errors in spelling, key codes or download time. Concierge Medicine Today, LLC. and its Representatives shall not be liable for any loss that results from the incorrect publication, positioning, linking, hacking or spamming of its advertisements.
24. POSITIONING OF ADVERTISEMENTS. Concierge Medicine Today, LLC. and/or its Representatives shall have full positioning latitude on all advertisements/sponsorship and content (eg files, concepts, etc) and may use it, promote it, post it, display it at its discretion.
25. REJECTION and EDITING of ADVERTISEMENTS. Concierge Medicine Today, LLC. and its Representative(s) may, at its sole discretion, edit, classify, reject or cancel at anytime any advertising submitted by Advertiser. Absolutely no pornographic or objectionable materials will be considered.