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can be profitably used to advertise your product(s) or service(s);
(e) Prepare and submit to you, for approval, estimates of costs of these
recommended advertising programs;
(f)
Write, design, illustrate, produce or otherwise prepare your advertisements,
including commercials to be broadcast, or other appropriate forms of your message;
(g) Order the space, time, or other means to be used for your advertising,
endeavoring to secure the most advantageous rates available;
(h)
Properly incorporate the message in mechanical or other form, and forward
it with proper instructions for the fulfillment of the order;
(i) Check and verify insertions, displays, broadcasts or other means used, to
such degree as is usually performed by advertising agencies; and
(j) Audit invoices for space, time, material preparation and services.
3. Compensation
The basis of our compensation shall be as follows:
(a) On all media purchased by us on your behalf, we shall bill you at the
published card rates, or negotiated rates, as may be applicable. If no agency commission
is granted or allowed on any such purchases, you agree that we may invoice you a gross
amount which, after deduction of our cost, will yield us fifteen (15%) percent of such
gross amount as agency commission.
(b) With respect to the engagement of talent, we shall bill you the authorized
engagement rate, plus any taxes, insurance, pension and health fund contributions, talent
payment service fees, etc. applicable thereto, plus a gross amount which, after deduction
of our cost, will yield us fifteen (15%) percent of such gross amount as agency
commission. You recognize that we are a signatory to collective bargaining agreements
with Screen Actors Guild and American Federation of Television and Radio Artists, and
that the hiring of talent by us on your behalf will be subject to the terms of such
agreements.
(c) On broadcast production, artwork, engravings, type compositions and any
and all art and mechanical expenses incurred by us, pursuant to your authorization, we
shall invoice you a gross amount which, after deduction of our cost, will yield us fifteen
(15%) percent of such gross amount as agency commission.
(d) If we undertake, at your request, special assignments such as market,
product or distribution research, or other research (with the exception of research for copy
development testing purposes), or special assignments such as market counseling or sales
meeting presentations, the charges made by us will be agreed upon in advance whenever