This Cannabis Advertising Rider (the “Rider“) is made and entered into by and among LocalEdge, a division of Hearst Communications, Inc. (“LocalEdge”) and the Customer (as herein referred to, ”Advertiser”). Advertiser has contracted with LocalEdge to provide certain advertising services by agreeing to the LocalEdge terms and conditions, effective as of the accompanying Order’s acceptance date (as may be amended or updated, the “Agreement”). Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement. The parties now desire to add the following terms to the Agreement:
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Cannabis Ads. In all respects, advertising featuring, promoting, distributing and/or marketing Cannabis, Cannabidiol (CBD)-based product, Cannabis or CBD delivery product or services, or other Cannabis or CBD-related product or service (“Cannabis Ad(s)”) through LocalEdge publications, platforms or services under this Rider shall be Digital Advertising under the No order for any Cannabis Ad campaigns shall be run without Advertiser having signed and agreed to this Rider. For the avoidance of doubt, all Cannabis Ads, including any creative content required for LocalEdge’s fulfillment of any LE Services, shall be provided by Advertiser to LocalEdge, and as between the parties, Advertiser is solely responsible for the content in such Cannabis Ads and LocalEdge disclaims all responsibility thereto.
To the extent Advertiser requests any content edits or changes be made by LocalEdge personnel, Advertiser acknowledges that all such actions are taken at Advertiser’s direction and LocalEdge disclaims all responsibility related thereto.
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Cannabis Ad Requirements. Advertiser shall ensure the age demographics, geofences and other criteria it selects for Cannabis Ads adheres to all applicable laws, rules and regulations, which Advertiser acknowledges may be different from state to Advertiser will request publication of Cannabis Ads hereunder only in states in which the sale of the pertinent products or services is legal and in which Advertiser contains all necessary licenses to sell those products or services. Advertiser shall ensure that the content of each Cannabis Ad (i) is not designed to appeal to people under the age of 21 (or, for medical cannabis advertising, people under the age of 18), (ii) is truthful, appropriately substantiated and consistent with product labelling and (iii) does not link cannabis to a disease or health related condition or claim or imply that cannabis is intended for use in the diagnosis, cure, mitigation, treatment or prevention of any disease or other health condition, or claim or otherwise imply that cannabis is intended to affect the structure or any function of the body. Advertiser is solely responsible for the content of any such Cannabis Ad, including its compliance with applicable laws.
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Advertiser Representations & Warranties. Advertiser represents, warrants, and covenants that: (i) Advertiser is located in a U.S. state or territory of the U.S. in which the sale and advertising of medical or recreational cannabis is legal; (ii) Advertiser is permitted under all applicable state laws to request Cannabis Ad delivery or insertions pursuant to this Rider; (iii) it has filed or recorded (and received confirmation) of all necessary licenses, certifications, or acknowledgments, including those necessary for Advertiser to operate legally in the U.S. state or territory in which the Cannabis Ad is being placed; (iv) the Cannabis Ads are in compliance with all applicable state laws and self-regulatory guidelines, including all labelling, notice and/or disclosure requirements; and (v) Advertiser complies generally with applicable state cannabis laws, rules and Advertiser acknowledges that it is not relying on LocalEdge for compliance with any applicable laws, rules or regulations with regard to any Cannabis Ad or the dissemination thereof and that Advertiser is solely responsible for ensuring that each Cannabis Ad and the dissemination thereof pursuant to the Rider and the Agreement complies with any and all applicable laws, rules or regulations. LocalEdge’s acceptance of an advertisement shall not be construed as a representation or warranty that the advertisement complies with any applicable law, rule or regulation or relieve Advertiser of any obligations set forth in this Rider. Advertiser shall notify LocalEdge immediately of any change in circumstance that would cause any representation or warranty made in the Rider or the Agreement to become inaccurate, including but not limited to the revocation of any business license or product regulatory approval.
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Advertiser Indemnification. Advertiser shall defend, indemnify and hold harmless LocalEdge and its licensors and licensees, and each of their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities, penalties, fines and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with an unaffiliated third party’s claims or government action: (i) arising from the Cannabis Ads submitted hereunder, the landing pages, the products, goods and services promoted in such Ads and (ii) arising from Advertiser’s breach of this Rider.
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Order of Precedence. This Rider may be executed by written or electronic signature and delivered in multiple counterparts, including facsimile, PDF, or other electronic counterparts, all of which will constitute one and the same instrument and agreement. This Rider is supplementary to and modifies the Agreement. The terms of this Rider supersede provisions in the Agreement only to the extent that the terms of this Rider and the Agreement expressly conflict. However, nothing in this Rider should be interpreted as invalidating the Agreement, and provisions of the Agreement will continue to govern relations between the parties insofar as they do not expressly conflict with this Rider.