Bonneville Standard Advertising Terms and Conditions
Last Modified: 3/30/2026
These Standard Advertising Terms and Conditions represent and constitute the entire agreement (this “Agreement”) by and between you, as either an individual or entity (“Advertiser”), and Bonneville International Corporation or an affiliate thereof (“Bonneville”) for the purchase by Advertiser of certain advertising services (the “Services”) as described in Advertiser’s order, media plan, statement of work or similar order form (the “Order”). “Advertiser” includes advertiser and any agency or buying service named in the Order, and all persons and entities included within Advertiser agree to the purchase of advertising hereunder and that they are jointly and severally liable for all obligations of Advertiser under this contract regardless of who is billed. Advertiser agrees to, and accepts, the terms and conditions set forth herein, which are incorporated by reference into the Order, and available at http://bonneville/terms-and-conditions by signing the Order and/or by receiving the Services Bonneville provides, including but not limited to display of an ad by Bonneville. Bonneville may modify this Agreement. Advertiser agrees to review this Agreement regularly. Bonneville will post notice of modifications to this Agreements online. By continuing to use Bonneville Services pursuant to this Agreement after the revisions are in effect, Advertiser agrees to be bound by the revised Agreement. In the event of conflicting provisions between this Agreement and an Order, the terms of this Agreement shall control unless specifically stated otherwise in the Order. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties expressly agree as follows:
1. ORDER AND PRODUCTION SERVICES
1.1 Each Order shall specify the (i) names of the parties to this Agreement; (ii) the fees to be paid by Advertiser; (iii) campaign start date(s) and end date(s) (as applicable); and (iv) any other information that the parties deem necessary for inclusion in the Order. Bonneville has final approval rights on all advertising content and may reject any advertising in its sole discretion.
1.2 The Services provided by Bonneville may include certain production services (“Production Services”) as further described in the applicable Order. In connection with any Production Services, Advertiser shall promptly supply to Bonneville all images, photographs, illustrations, graphics, audio/video clips, signage, text and other materials that are necessary or desirable for inclusion in the deliverables (the “Advertiser Materials”). Advertiser shall comply with all technical specifications and delivery deadlines provided by Bonneville with respect to Advertiser Materials or otherwise with respect to the preparation and publication of videos pursuant to this Agreement. If Advertiser provides the script for a video, Advertiser shall finalize the script before production dates are established. Bonneville will not have any liability of any kind (including any obligation to provide a “make-good” or payment reduction) with respect to any delay in publication due to any failure by Advertiser to comply with any applicable specifications or delivery deadlines. Advertiser hereby grants to Bonneville a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, transferable, and irrevocable license to reproduce, edit, adapt, display, disseminate and otherwise use and exploit the Advertiser Materials for any lawful purpose. Bonneville may reject any Advertiser Materials in its reasonable discretion, including but not limited for unsatisfactory technical quality or objectionable or unlawful content. Bonneville’s acceptance or use of any Advertiser Materials will not constitute Bonneville’s confirmation of the suitability or legality of the Advertiser Materials.
2. FEES AND PAYMENT
Advertiser shall pay for all transmissions made by Bonneville pursuant to the Order. Unless otherwise set forth in the Order, payment of any fees hereunder is due within thirty (30) calendar days from the date of the applicable invoice. Unless otherwise specified, all fees are exclusive of applicable taxes. Advertiser shall pay all taxes levied in connection with the Agreement Any undisputed amounts not paid within thirty (30) days of receipt of invoice shall accrue interest at a rate of one (1%) percent per month or the maximum lawful rate, whichever is less, with such amount accruing and determined as of the date such undisputed amount was originally due. Advertiser waives any billing dispute if Advertiser does not notify Bonneville of such dispute in writing within thirty (30) days from date of the invoice containing such amount in dispute. In the event Advertiser timely notifies Bonneville of such dispute, Advertiser and Bonneville shall work diligently with each toward a resolution, but any amount not in dispute shall be promptly paid as described herein.
3. TERM AND TERMINATION
3.1 This Agreement shall begin on the date that Advertiser executes an Order and continue until the end of the advertising schedule set forth in the Order or as earlier terminated by either party as set forth herein.
3.2 In the event of a material breach of the terms hereof, either party may elect to terminate this Agreement after providing the other party with thirty (30) days prior notice, unless the other party cures such breach within such thirty (30)-day period. Bonneville may immediately terminate this Agreement upon default by Advertiser in the payment of invoices hereunder.
4. INTELLECTUAL PROPERTY
4.1 To the extent provision of the Services involves use of any trademark, service mark, trade dress, trade name or logo provided by Advertiser to Bonneville (each a “Advertiser Trademark”), Advertiser hereby grants to Bonneville and Bonneville’s designees the right to use the Advertiser Trademarks in connection with the provision of the Services. Nothing contained in this Agreement gives Bonneville any right, title or interest in the Advertiser Trademarks or goodwill therein and thereto, except as expressly provided in this Agreement.
4.2 Except as expressly set forth herein, nothing in this Agreement or the Order shall affect or modify either party’s ownership rights in, or constitute a grant of rights with respect to, any trademarks, service marks, copyrighted material, technology or other material developed, created or owned by either party before the effective date of the Agreement (“Pre-Existing IP”). Without limitation of the foregoing, this Agreement does not convey to Advertiser any ownership rights, license rights, or other rights of any sort (including without limitation any intellectual property rights) with respect to any data, technology, infrastructure, software, methods or know-how used by Bonneville and/or any of its contractors in providing Services or with respect to any data generated by Bonneville in providing the Services (the foregoing, collectively, “Bonneville IP”), and in the event Advertiser obtains any right, title or interest into any Bonneville IP, Advertiser hereby assigns, transfers and conveys the same to Bonneville. In addition, Bonneville will retain ownership over all digital production assets that are produced or provided to Advertiser free of charge.
4.3 Unless otherwise stated in the applicable Order, upon full payment of all amounts due to Bonneville under the Agreement, Bonneville will be deemed to have assigned to Advertiser all of Bonneville’s right, title and interest in and to the videos and any other materials created pursuant to an Order (including all intellectual property, proprietary and other rights, including copyrights, therein), except for (a) any Bonneville IP contained therein and (b) any material or information incorporated in any video that is owned by any third party (“Third Party Material”). Advertiser’s ownership and use of such videos and other materials created pursuant to an Order is subject to the rights of Bonneville with respect to any Bonneville IP contained therein and the rights of the owner(s) of any Third Party Material contained therein. For clarity, Bonneville does not make any representations or warranties with respect to any distribution or other use by Advertiser of any video or other materials created under an Order other than as expressly described in the Order or after expiration or termination of the Agreement, and Advertiser shall obtain all permissions, clearances, licenses and rights and make all payments to third parties as may be necessary in connection with any such distribution or use. Until such time as the assignment described above becomes effective, if ever, Bonneville will own all videos and other materials created under an Order (whether in preliminary or final form) and all other results and proceeds of the Services and all intellectual property, proprietary and other rights, including copyrights, therein, subject to Advertiser’s ownership rights in Advertiser’s Pre-Existing IP. Until such time as the assignment described above becomes effective, if ever, this Agreement does not convey to Advertiser any ownership or usage rights with respect to any video and Advertiser shall not obtain any rights in or to any video or have any right to use any video.
5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
5.1 Advertiser represents and warrants that: (i) it has full power and authority to enter into and perform the Agreement; (ii) the execution and delivery of the Agreement have been duly authorized; (iii) Bonneville’s use of any material furnished by Advertiser pursuant to this Agreement or created by Bonneville pursuant to Advertiser’s instructions (“Advertiser Material”), including, but not limited to broadcast of the Advertiser Materials over the facilities of the Bonneville shall not violate or infringe upon the rights of others, including, without limitation, privacy, publicity or intellectual property rights; and (iv) Advertiser (and the Advertiser Materials) shall comply with all applicable federal, state and local laws and regulations, including, but not limited to, those of the FCC (e.g., indecency, EAS compliance and all other FCC regulations) and the FTC (e.g. the Telephone Consumer Protection Act).
5.2 Each party (the “Indemnifying Party”), at its own expense, will indemnify, defend and hold harmless the other party and the Indemnified Party’s parents and affiliates, and their respective officers, directors, employees, representatives, and agents (the “Indemnified Party”) from and against any claim, demand, action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorney fees) arising therefrom, brought by any third party against the Indemnified Party (collectively, a “Claim”) to the extent that the Claim is based on, or arises out of an allegation that the Indemnifying Party’s performance hereunder violates any applicable law, rule or regulation. Advertiser, at its own expense, shall indemnify, defend and hold harmless Bonneville, its parents and affiliates, and their respective officers, directors, employees, representatives, and agents from and against any Claim, including but not limited to (i) defamation, infringement of intellectual property or other property or personal rights ; (ii) any breach or violation of any of the representations and warranties in this Agreement; or (iii) claims arising from the products, services, operations, data, representations or warranties relating to, directly or indirectly, any Advertiser Material or to Advertiser’s business, services, operations or prizes (if any).
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND ADVERTISING ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND BONNEVILLE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES OR ADVERTISING, OR THE FUNCTIONALITY, PERFORMANCE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BONNEVILLE DOES NOT MAKE ANY WARRANTY OR GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, REGARDING THE LEVEL OR NUMBER OF IMPRESSIONS OF OR CALLS ON ANY ADVERTISEMENT OR PROMOTION, THE TIMING OR PLACEMENT OF DELIVERY OF SUCH IMPRESSIONS AND/OR CALLS, OR THE AMOUNT OF ANY REVENUE TO BE EARNED BY ADVERTISER UNDER THIS AGREEMENT, OR THAT SERVICES OR ADVERTISING OR OPERATION THEREOF WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CLIENT’S REQUIREMENTS.
6.2 UNDER NO CIRCUMSTANCES WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, PROFITS OR GOODWILL AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE LEGAL THEORIES AND EVEN IF THAT PARTY HAS BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BONNEVILLE’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), WILL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAID BY ADVERTISER PURSUANT TO THIS ORDER IN THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THIS SECTION OR THIS AGREEMENT SHALL BE CONSTRUED TO EXCLUDE OR LIMIT ANY LIABILITY OF EITHER PARTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. INABILITY TO COMPLETE SERVICES
If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes, or for other cause, including mechanical breakdown beyond Bonneville’s control, Bonneville shall be unable to transmit or otherwise distribute any advertisement, program or announcement to be transmitted under this Agreement, that transmission shall be canceled, and Bonneville shall not be liable to Advertiser.
8. NON-DISCRIMINATION
Bonneville will not discriminate in any agreement for advertising on the basis of race or ethnicity. Any arrangement entered into with Advertiser whose intent is to discriminate in such manner shall be null and avoid.
9. PRIVACY AND DATA PRACTICES
Advertiser acknowledge that Bonneville’s collection and use of data in connection with the Services, including through tracking technologies, is set forth in Bonneville’s then-current Privacy Policy located at bonneville.com/privacy-policy, as may be update from time to time.
10. BINDING ARBITRATION
ADVERTISE WILL SUBMIT ANY DISPUTES ARISING FROM THIS AGREEMENT, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING UTAH LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN SALT LAKE CITY, UTAH. ADVERTISER AGREES TO ARBITRATE IN ADVERTISER’S INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND CLIENT EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS ADVERTISER AND BONNEVILLE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.
11. GENERAL
11.1 Advertiser may not assign or transfer this Agreement, including its rights hereunder, without first obtaining the written consent of Bonneville.
11.2 The failure of Bonneville or Advertiser to enforce any of the provisions of this Agreement shall not be construed as a waiver of that or any other provision.
11.3 This Agreement contains the entire agreement between the parties relating to the subject matter in it, and no modification of its terms shall be effective unless in writing signed by both parties.
11.4 Any provision of this Agreement that contemplates performance or observance following termination or expiration of this Agreement, including all provisions with respect to payments, limitation on liabilities, and indemnification, shall survive any termination or expiration of this Agreement and continue in full force and effect.
11.5 If any one or more of the provisions of this Agreement or the Order shall for any reason be held to be invalid or unenforceable, the same shall not affect any of the other portions thereof.
11.6 Excluding communications made in the normal course of the Services under an Order or this Agreement, any notice or other communication required hereunder shall be made in writing and sent to the mailing address below for Bonneville, and the mailing address provided by each Advertiser for such Advertiser, for the recipient of such notice by certified United States mail, return receipt requested, or by a nationwide overnight courier delivery service.