Chart Marketing, Inc.
dba POSM
116 N. Westfield
Wichita, KS 67212
Office: 316-721-9200
FAX: 316-721-2671
E-mail: posm@chartmarketing.com

This AGREEMENT made and entered into this day of , 20 ,

by and between CHART MARKETING, INC. dba POSM, hereinafter referred to as (“Company”), and



hereinafter referred to as (“Site Holder”), hereinafter collectively referred to as the (“Parties”).

The Parties AGREE as follows, in accordance with the terms hereunder. Company desires to provide video programming and commercials, with or without audio, at Site Holder’s preference, to Site Holder’s location (s), during the Site Holder’s open hours of operation as specified hereunder, on an ongoing basis during the term of this AGREEMENT, hereinafter referred to as “Services.” Site Holder desires for Company to provide it Services. For these Services and for the mutual considerations noted below, the Parties AGREE as follows:


TERMS & CONDITIONS:

  1. Company AGREES to provide Site Holder with advertising messages for its business, at Site Holder’s option, targeted at Site Holder’s patrons, hereinafter known as (“Site Billboards”), during the term of this Agreement, for the regular rate of $149.00 (one hundred and forty-nine dollars and no/100) per month, payable by Site Holder to Company. This price shall include the design and maintenance of the same. Company will provide its Services and hardware, where such hardware consists of HD flat screen television, computer, brackets, connections and installation of the same, hereinafter referred to as the (“Infotainer”). Site Billboards are displayed on the Infotainer, on a rotating basis, with other advertising messages, throughout the business hours of the Site Holder.

  2. Company AGREES to allow Site Holder a 1/3rd (one-third) discount off the purchase price of any advertising package it purchases from Company, at its regular rates, during the term of this AGREEMENT. This discount cannot be used in combination with any other discount and is good only on video advertising packages and not on business information messages and/or personal messages.

  3. The Infotainer (s) shall remain the property of Company at all times during and after the term of this AGREEMENT; but once installed is under the care, custody and control of Site Holder. Site Holder AGREES to take reasonable and prudent measures to secure the Infotainer (s) against any and all types of damage or loss during the term of this AGREEMENT.

  4. Site Holder shall provide a wall, ceiling or other such space as agreed to by the Parties, Internet and 110 volt electrical power for the Infotainer (s) location, hereinafter referred to as (“Infotainer Requirements”), to Company.

  5. All additional costs incurred by Company relating to Infotainer Requirements for Company’s installation of Infotainer (s), including but not limited to additional wiring, cable, Internet or mounting of Infotainer (s) other than a wall, shall be paid for by Company, and deducted from Monthly Lease payments made by Company to Site Holder until the entire amount is paid in full.

  6. Company is responsible for all Services and warrants to Site Holder that such Services shall meet the general and acceptable moral standards of the community. Notwithstanding this, Company is not responsible for Services that occur above or beyond Company’s control from third party intervention.

  7. Neither Company nor any of their employees shall be held liable for any improper or incorrect use of the information contained and/or included in Services and assumes no responsibility for anyone's use of the information. In no event shall Company or their employees be held liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption), however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of Infotainer (s) and/or Services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

  8. Site Holder warrants to Company all Site Holder information contained in this AGREEMENT is true and accurate and shall notify Company during the term of this AGREEMENT if said information should materially and/or substantially change.

  9. This AGREEMENT may be terminated by either Party with 45 (forty-five) days written notice to the other Party. Upon termination, Company shall remove the Infotainer (s) and hardware at its expense. All expenses necessary to restore the Infotainer (s) mounting area (s) shall be the sole responsibility and expense of the Site Holder.

  10. Any waiver by Company of any breach of any provision of this AGREEMENT shall not operate or be construed to be a waiver of any subsequent breach of any provision of this AGREEMENT.

  11. The “Authorized By:” individual below, for value received, guarantees: (1) the Site Holder, as named above, is the entity responsible for receiving Monthly Lease payments; and (2) that he/she has the authority to sign for and on behalf of the Site Holder.

  12. This AGREEMENT contains the entire AGREEMENT of the Parties with respect to its subject matter and supersedes any and all prior or contemporaneous negotiations, understanding, or agreements. This AGREEMENT may not be changed except in writing signed by the Parties.

Additional Comments/Instructions:

Hours of operation:   (if your closed on a certain day please type in closed in the appropriate box)

Mon.      Tue.      Wed.      Thu.  

   Fri.      Sat.      Sun.  


Average number of persons in Infotainer viewing area for two minutes or longer during open hours of operation:


Do you want audio on Services?
(this option can be changed)    If yes, what level?               

Authorized By:  (Your Full Name)
 Billing Address:  
City:  
 State:  
Zip:  
 Phone:  
Fax:  
 Infotainer/ Site Holder Email Address:
Company Representative:  
 Company Representative E-mail Address:   
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