ATM ADVERTISING AGREEMENT 2020

ATM ADVERTISING AGREEMENT

(Hereinafter referred to as “Topper Owner”) and ATM Advertising Alliance LLC., or assigns (hereinafter referred to as “AAA”). This Agreement binds and benefits the heirs, successors and assignees of the parties.

BUSINESS ADDRESS
MAILING ADDRESS

1. TERM

This Agreement shall be for a term of One (1) year from the date of the installation. This Agreement shall automatically renew for successive One (1) year periods unless terminated by either party by giving written notice no later than 90 days before the expiration of the contract term. AAA may at any time subcontract, sell, or assign its rights obligations, and or interest under this Agreement, provided that any third party contractors, vendors, purchasers or assigns shall honor all the terms of this Agreement.

2. OBLIGATION OF AAA

Provide the AAA Media player (AAA player). Allow access to AAA propriety Media Network. Provide Paid dynamic ad placement to AAA player (when properly installed and connected to a suitable internet connection). Issue unique topper identifying numbers for each location to Topper Owner. Providing monthly reports indicating Topper activity. Provide access to our user interface to monitor performance, send static ads to AAA player (internal ads) and reporting. Pay Topper Owner income on a monthly basis as described in Paragraph 4 of this Agreement.
1. Suitability of Content. AAA warrants and represents that the Digital Content it provides is not unlawful or violation of any state or federal law, harmful, threatening, defamatory, obscene, infringing, libelous, harassing, racially or ethnically offensive, sexually explicit, promotes unlawful violence or could cause damage or injury to any person or property.

3. OBLIGATION OF TOPPER OWNER

Topper owner shall purchase media player from AAA (AAA player), Provide AAA with names and addresses of all player locations. Ach form, w9, and a voided check for each business or individual AAA is paying ad revenue to and the Installation of the topper and it components. Topper Owner shall provide, at its expense, communication necessary to facilitate Media downloads via local Internet (Must be hardwired) The Topper Owner shall pay for monthly charges incurred for communication and electrical power. AAA will not contact, solicit, sale or use the location information provided by the Topper Owner for any purpose other than providing the unique topper identifying numbers.

4. COMPENSATION FOR PAID DYNAMIC AD PLACEMENT

AAA will pay to Topper Owner 50% of the gross advertising revenue passed through to AAA from the media companies prior to any expense AAA incurs for the ad placement from the media companies that AAA chooses at their sole discretion to subscribe to for the dynamic ad placement for each AAA player placed or sold by the Topper owner. Compensation will be paid 120 days after the first full month of displaying the ads. 1 month of advertising revenue will be paid each month thereafter always 120 days in arrears.

5. INTERNAL / DYNAMIC ADS

Topper owner may place ads to be used as fill-in ads on the Topper Owner’s AAA players, these ads must be at least 4 up to 20 static ads. The specific criteria for the ads can be obtained from AAA. These ads will be managed by the AAA topper owner using AAA user interface. If AAA manages ads for topper owner there will be a fee for the development and content management
a) Topper owner may use or sell the static/Internal) ad space using the AAA platform. ANY PROFITS DERIVED FROM THIS SPACE IS THE TOPPER OWNERS

6. WARRANTY

Manufacturer provides a 1 year manufacturers defect warranty on all the components supplied by AAA for the AAA player. Warranty does not cover shipping, improperly installed equipment or location power related failures.

7. ADDITIONAL TOPPER LOCATIONS

All topper locations submitted by Topper owner to AAA for unique topper identifying numbers are automatically added to this Agreement. Locations shall be submitted to AAA in an excel spreadsheet in the format provided by AAA.

8. ADDITIONAL TERMS AND REQUIREMENTS

2. Installation of ATM Digital Topper Hardware.
2.1. AAA topper owner shall install all ATM Digital Topper Hardware, meeting AAA specifications (see Addendum A attached hereto) and approved by AAA, in area(s) normally visible to customers during operating hours at the Locations.
2.2. AAA topper owner shall promptly perform all installations of the ATM Digital Topper Hardware at the locations. AAA topper owner also agrees to perform the services required to install Internet connectivity and electrical power for the ATM Digital Toppers to Internet.
3. Non-Circumvention. BOTH PARTIES hereby agrees to abstain from circumventing the intent and terms of this Agreement by means or use of affiliates, subsidiaries, individuals, or any other entities or Representatives to which the benefits may run to EITHER PARTY directly or indirectly, whether by direct payment, payments in kind, agreements, or any other type of beneficial treatment or consideration. BOTH PARTIES agree not to circumvent or attempt to circumvent this Agreement in an effort to gain for it, or deny to EITHER PARTY, any potential development, investment, acquisition, profits, fees, commissions, remuneration or considerations to the benefit of EITHER PARTY which would otherwise be owed to. It is the intent of both Parties that EITHER PARTY shall not, independent of EACH OTHER, use or take advantage of the Confidential Information, EITHER PARTY contacts, EITHER PARTY partners, EITHER PARTY know-how or expertise developed or disclosed by EITHER PARTY to EACH OTHER during the Term of this Agreement.

ADDENDUM A.

ATM Digital Topper and Hardware Specifications and Installation Requirements

  1. Screen Size: Minimum 19” diagonal dimension
  2. Screen Type: Digital TFT display
  3. Screen Resolution: Minimum 1280p x 1024p (1600 x 900)
  4. Screen Mount: Mounted facing forward, same direction as ATM transaction screen, on top of ATM. If mounting on the ATM isn’t possible it is permissible to mount the screen in another suitable location.
  5. Screen Visibility: Screen must be directly visible to Location customers, and visible to Location foot traffic across the majority of the Location footprint under normal operating conditions at all times that the Location is open and operating.
  6. Media Player Type and Brand provided by AAA. AAA player units are required at all Locations.
  7. Power: 110v US provided for topper screen and media player.
  8. Tamper Protection: Screen, media player and all other hardware should be mounted and protected in such a way that no screen settings (i.e. power, screen brightness, etc.) can be tampered with or changed, and that mounting screws/bolts are tamper-proof and protect the screen from theft.
  9. General Installation: ATM Digital Topper and all associated hardware shall be installed pursuant to manufacturer’s instructions and specifications, and in such a way as to remain protected, visible, and at correct operating temperature levels, moisture levels and protected from exterior elements at all times.

ATM Digital Topper Network Communication Requirements

  1. Internet Connection Wiring: Hard line coaxial cable to Media Player from Internet signal source
  2. Internet Connection Speed: Minimum 10MPS download speed, Minimum 2MPS upload speed
  3. Internet Data Requirement: Unlimited data per month
  4. Internet Connection Service Type: DSP, ISP or Cable ISP
  5. Internet and Power Connection Reliability: 90% uptime for data download and upload

ATM Digital Topper and Hardware Maintenance Requirements and Non-Performing Units

  1. Hardware Reliability: Hardware will function at performing levels 90% of Location operating hours, but for unforeseen Acts of God, natural disasters or area power outages.
  2. Hardware Maintenance: Technical support will be provided by AAA. Any required hardware maintenance is to be performed by, and the sole responsibility of the topper owner.

IN WITNESS WHEREOF, the undersigned duly authorized representative of the parties has executed this contractual Agreement as of the day and year last stated below.

TOPPER OWNER

AAA

AGREED TO AND ACCEPTED BY:

AGREED TO AND ACCEPTED BY:

ATM Advertising Alliance LLC

P.O Box 32306

Laughlin, NV 89028

(print name)
(print name)
MM slash DD slash YYYY
MM slash DD slash YYYY
This field is for validation purposes and should be left unchanged.

ACH AUTHORIZATION RELEASE-2021

ACH AUTHORIZATION RELEASE

(“Customer”) authorizes Atm Advertising Alliance, (“AAA”) to initiate ACH transfer entries and to debit and/or credit the account identified herein for all Advertising Revenues. AAA shall have the right to credit or debit account, on behalf of the Customer, for settlement of Advertising Revenue, settlement error corrections and any amounts or fees due AAA by Customer. Customer agrees to keep account funded to the extent needed to reasonably support transaction adjustments. All shortages and adjustments are the full responsibility of the Customer. Customer agrees to comply with all electronic fund transfer regulations, requirements and rules. This Authorization shall remain in effect unless cancelled by Customer by providing written notice of cancellation to AAA and after such time as all settlements and adjustments have been processed/cleared through the account. Any debits and credits pursuant to this Authorization will be effected through the Federal Reserve System automated clearing house (ACH) system.

Settlement Disputes

Customer shall audit and balance their bank account and shall promptly, but in no event more than 30 days after the date of the disputed item, notify AAA in writing (the “Notice Date”) of any disputed item or items. If AAA determines that the disputed item was credited or debited in error by AAA, AAA shall correct the error. Notwithstanding, AAA shall not be liable for any recovery, reimbursement or otherwise of any amounts over 30 days from the Notice Date. AAA will, however, use its commercially reasonable efforts to recover any amounts over such 30-day period. AAA shall not be liable for any damages, interest or costs associated with the error other than correcting the error.
The undersigned represents and warrants to AAA that the person executing the Authorization is an authorized signatory on the Account referenced below and all information regarding the Account and the Account Holder is true and correct.

MM slash DD slash YYYY

Account Information

This form MUST be accompanied by a pre-printed voided check or a letter from the bank to which the funds are settling referencing the Customer’s name, routing number and account number. The information on the check or bank form must match the information provided below. Forms submitted without all fields on this document completed will not be processed.

These numbers are printed on the bottom of your check. See example below:

Scan and email this form and check to [email protected] or fax to (406) 892-3339
This field is for validation purposes and should be left unchanged.