Advertiser Terms and Conditions
Persaunt Media LLC
These terms govern paid advertising campaigns arranged by Persaunt Media LLC on approved physical surfaces. Each campaign requires an accepted order identifying its placements, duration, price, and services. These terms become binding only when expressly accepted as described below.
1 Parties and acceptance
Persaunt Media LLC is “Persaunt,” “we,” or “us.” “Advertiser” or “you” means the business purchasing advertising. A “Host” controls a participating property. An “Order” is an insertion order, campaign agreement, or proposal expressly accepted by both Persaunt and Advertiser. These terms and the Order form the “Agreement.”
Acceptance requires a signature, an affirmative online acceptance linked to this version, or another express written agreement after an opportunity to review it. Browsing, an application, or a request for a quote alone creates no campaign obligation. Each signer must be at least 18 and authorized to bind the identified business. An agency must identify its client and authority; an agency has payment liability only if it expressly accepts that role in the Order.
2 Orders and controlling documents
The Order must identify locations or agreed selection criteria; surface types, dimensions and quantities; campaign dates or duration; media charges and other fees; payment dates; production, installation, maintenance and removal responsibilities; and promised reporting. It must also state any exclusions, exclusivity, cancellation schedule, or guaranteed delivery standard. A budget or location request does not authorize unspecified placements or spending beyond the accepted Order.
A later mutually accepted amendment controls first, then the Order, then these advertiser terms, then any expressly incorporated general terms. Artwork specifications control technical matters only. This version supersedes inconsistent advertiser provisions of Persaunt’s general terms for Orders accepting this version. It does not amend earlier Orders without agreement. An invoice or website update cannot add unaccepted terms.
3 Prices and payment
The accepted Order controls pricing, discounts, deposits, included services and taxes legally chargeable to Advertiser. Quotes are subject to their stated validity period and availability until acceptance. If no payment schedule is stated, the total is due before production begins. Installment billing does not create a month-to-month campaign or a right to cancel after each payment.
Extra design, printing, installation, replacement, rush or removal charges require advance written approval of the amount or a stated cap. Fees, interest and collection charges apply only if expressly agreed and lawful. Stored payment methods may be charged only under the authorization given. Advertiser should promptly identify billing disputes and pay undisputed amounts when due; lawful payment-dispute rights are preserved.
4 Campaign term and launch
Advertiser agrees to the full campaign term in the Order, subject to the cancellation and remedy provisions below. There is no automatic renewal unless separately and expressly agreed. Renewal pricing and availability require written confirmation.
Launch requires the agreed payment, approved files and proofs, Host consent, and required permissions. Unless the Order specifies fixed calendar dates, each placement’s display period begins when installed and available for viewing. Persaunt will confirm installation dates and any staggered launch. A fixed-date Order must address missed days; display charges are adjusted under Section 12 for time not delivered through no fault of Advertiser.
5 Artwork submission and deadlines
Advertiser must supply complete, usable artwork meeting the Persaunt Media Artwork Specifications provided with the Order and any approved surface template. Unless the Order states otherwise, submit files at least 10 business days before scheduled installation and final revisions at least 5 business days before planned production. Persaunt will identify any longer lead time before accepting the schedule.
Advertiser must supply accurate copy, authorized images and logos, readable disclosures, correct dimensions and orientation, and working website addresses and QR destinations. Advertiser remains responsible for its linked pages, offers, inventory, fulfillment and customer service throughout the campaign.
6 Proof approval and changes
Production requires Advertiser’s written approval of the final proof. Approval covers the displayed content, spelling, layout, contact information, disclosures and QR destination. Silence is not approval. Persaunt may resize or prepare files for production without changing their substance; material visual or content changes require renewed approval.
Advertiser pays approved additional costs to correct errors in the proof it approved or to make later requested changes. Persaunt corrects errors it introduces after approval at its cost. Minor screen-to-print color or texture variation may occur, but material departures from agreed specifications must be corrected. A special color match must be specified and approved before production.
7 Content standards and approval
Advertiser represents that its advertisements and linked destinations are lawful, truthful, supported by appropriate evidence, and do not infringe intellectual property or privacy rights. Advertiser must obtain all required permissions and include required disclosures. Content may not be fraudulent, defamatory, unlawfully discriminatory, sexually explicit, or designed to imitate traffic, emergency or government notices.
Age-restricted products, regulated services and political advertising require advance written approval and all required permissions. Host category and competitor restrictions disclosed before acceptance also apply. Persaunt may reasonably reject or suspend noncompliant material, explain the concern when lawful, and request a compliant replacement. Approval is not a legal certification or product endorsement. A later Host preference change is addressed as a placement interruption, not automatically as Advertiser misconduct.
8 Advertiser delays
Late payment, unsuitable files or delayed approvals may postpone launch. Persaunt will notify Advertiser of the effect and reasonably reschedule. Advertiser is responsible for authorized, documented and unavoidable costs caused by its delay. Charges for reserved but unused display time apply only if the Order expressly provides for them. Persaunt will not silently shorten an agreed display period or extend a fixed-date campaign beyond a time-sensitive event.
9 Location selection and permissions
Persaunt will arrange the Host’s authorization for the contracted placement and access. The Order must assign responsibility and cost for sign permits, zoning review and other approvals; if silent, Persaunt coordinates placement-related approvals and Advertiser obtains approvals specific to its products and claims. Required approvals must be obtained before installation.
Exact sites, surfaces and positions are guaranteed only when identified as committed in the Order. Material substitutions require Advertiser’s written consent unless the Order defines a preapproved substitution range. Any alternative must satisfy the agreed geography, venue type, size, quantity, tier and exclusions. Advertiser does not obtain ownership, a tenancy, general property access, or rights to other surfaces.
10 Installation and removal
Unless the Order expressly assigns otherwise, Persaunt arranges production, installation and removal of approved materials through its personnel or service providers. The Order identifies the included work and its price. Persaunt remains responsible for its contractual duties when using subcontractors. Advertiser may not independently install, move, alter or remove campaign materials without written permission.
Materials and methods must suit the surface and intended use. Work must use reasonable care and comply with safety requirements, including appropriate slip resistance on walking surfaces. Advertising must not obstruct exits, accessible routes, required markings, visibility or fuel and emergency equipment. Surface damage is allocated according to actual cause and the Agreement; Advertiser is not responsible merely because its brand appears on the material.
11 Condition and interruption reporting
Persaunt will coordinate the maintenance assigned in the Order and reasonably address material peeling, damage, obstruction or loss of readability after discovery or notice. Ordinary wear is expected, but materially unreadable or unavailable advertising is subject to Section 12. Advertiser should promptly report concerns with location details and available photographs. Neither installation photos nor occasional inspection establishes continuous monitoring.
Urgent safety or legal concerns may require immediate covering or removal. Persaunt will give prompt notice when practicable. Advertiser pays additional replacement costs only when caused by its content, requested changes, or its own or its agents’ conduct, subject to approved charges and applicable remedies.
12 Undelivered display time
For a placement that fails to launch or becomes materially unavailable through no fault of Advertiser, Persaunt will notify Advertiser and propose replacement inventory, an extension, or a credit. A material substitution, extension, or credit toward another purchase requires agreement. If no remedy is accepted, Persaunt will refund prepaid media charges for the undelivered portion and reduce unpaid charges accordingly.
Use the affected placement’s agreed media rate and undelivered proportion of its contracted display time. Package Orders should allocate rates by placement; if silent, Persaunt must provide a reasonable documented allocation using relative placement value and display time. Determine downtime from available records without arbitrarily limiting it to the complaint date. Unperformed services are refundable; authorized production actually delivered remains payable unless Persaunt’s breach makes it unusable for the agreed purpose. Other material-breach rights remain available.
13 Cancellation and changes to orders
Any cancellation schedule expressly stated in the Order controls. Otherwise, before the first placement begins display, Advertiser may cancel by written notice and owes only authorized work completed and documented, nonrecoverable commitments reasonably made before notice. Persaunt must reduce avoidable costs and return the unused balance.
Once any placement begins display, the campaign cannot be cancelled for convenience unless the Order permits it or Persaunt agrees in writing. A request to pause, reduce quantity, change locations, or end a campaign does not release the agreed term or payment obligations. Rights arising from breach or undelivered services remain available. Poor sales, limited inquiries, a changed marketing strategy or a competing offer alone does not justify a refund for advertising properly delivered.
On an unauthorized early cancellation, Persaunt may recover earned charges and legally recoverable, documented direct losses caused by the breach, subject to Section 21. Persaunt must reasonably mitigate loss and credit avoided costs, reusable value and replacement sales for the same reserved inventory and period. There is no automatic penalty or double recovery. Remaining installments are not automatically accelerated merely because cancellation is requested.
14 Breach and suspension
Either party may terminate the affected Order for a material breach not cured within 10 business days after written notice describing it. A breach requiring longer may receive a reasonable extension if cure begins promptly and continues diligently, except for overdue undisputed payments. An incurable material breach permits immediate termination by written notice.
Persaunt may suspend unpaid services after that notice and cure period, and may immediately suspend material reasonably believed to create a safety risk or unlawful display. It will keep the response proportionate and explain it when lawful. An Advertiser-caused suspension is not automatically refundable; amounts due are determined under the Order and Sections 8 and 13. A suspension caused by Persaunt’s failure is subject to Section 12.
15 Events beyond reasonable control
Neither party is responsible for delay to the extent caused by an event beyond its reasonable control that it could not reasonably avoid, such as severe weather, natural disaster, government action or widespread utility interruption. The affected party must promptly notify the other and take reasonable steps to resume performance. Ordinary lack of funds, lower demand, or avoidable staffing and supplier problems do not qualify.
Payment for services already delivered remains due. Undelivered display time is still adjusted under Section 12. If an interruption lasts more than 30 consecutive days, either party may terminate the affected undelivered portion by written notice. This does not excuse unrelated obligations or authorize retention of payment for unperformed services.
16 Final accounting and refunds
After expiration or termination, Persaunt will arrange removal as assigned in the Order and issue a final accounting showing earned charges, authorized commitments and any adjustments. Refunds of undisputed amounts are due within 30 calendar days after cancellation or confirmation of the shortfall. A dispute over one amount does not delay an undisputed refund. No charge may be recovered twice.
Expiration or termination does not erase earned payments, valid refunds, accrued claims, safe removal duties, or provisions intended to survive, including ownership, confidentiality, indemnification, liability limits and dispute resolution.
17 Traffic estimates and campaign reporting
Unless the Order expressly guarantees a defined metric, Advertiser purchases placement and display time. Transactions, street traffic, visitors, impressions, unique viewers and QR scans are different measures. Transaction counts do not establish verified impressions, and repeat visits may involve the same person. Tier names describe agreed inventory criteria and do not independently guarantee audience size or purchasing power.
Persaunt will identify the source, period and material assumptions for estimates presented as a basis for purchase. Reporting frequency and metrics are those stated in the Order. Unless the Order states otherwise, Persaunt will provide installation dates and a dated photograph or equivalent evidence for each placement after installation. Such evidence shows condition at a particular time, not continuous display or actual attention.
Persaunt does not promise sales, leads, conversions, QR scans, return on investment or a minimum audience unless expressly agreed in writing. These limits do not excuse inaccurate representations, failure to deliver contracted advertising, or any express guarantee.
18 Intellectual property and publicity
Each party retains its preexisting intellectual property. Advertiser grants Persaunt and its service providers a nonexclusive license to reproduce, prepare, print and display approved content as needed for the campaign and its production and removal. No ownership transfer is implied. Rights to Persaunt-created custom artwork and editable files must be stated in the Order; Persaunt grants the rights needed for the contracted display.
Persaunt may retain records and photographs for performance verification, billing and disputes. Public portfolio use of Advertiser’s name, logo, campaign photos, results or testimonials requires separate written permission. Photos must follow site rules and reasonable privacy precautions; photography in occupied restrooms or other private situations is prohibited. Display does not imply endorsement by Persaunt or a Host.
19 Exclusivity and contracted placements
No category, competitor, location or network exclusivity is included unless expressly stated in the Order with its scope and duration. Competitors may advertise at a participating property or elsewhere in the network unless an agreed restriction applies. Advertiser must disclose required competitor and venue exclusions before acceptance.
During the campaign, Advertiser must not knowingly induce a Host to breach Persaunt’s rights or arrange directly or through an intermediary to displace a booked placement for the purpose of avoiding amounts owed to Persaunt. This does not prohibit unrelated advertising, ordinary business with a Host, or arrangements beginning after the campaign ends. It does not create general exclusivity or a post-term noncompete.
20 Confidentiality and personal information
Each party will use the other’s nonpublic business information only to evaluate or perform the Agreement and protect it with reasonable care. Disclosure is limited to people who need it and owe confidentiality duties, or as legally required. Information already lawfully known, public without breach, independently developed or lawfully obtained elsewhere is excluded. Duties last three years after the Agreement ends, and for trade secrets while legally protected. Lawful reports to authorities and protected disclosures remain permitted.
Each party is responsible for privacy notices, permissions and security for data it collects or controls. Advertiser is responsible for its landing pages and lead forms. These terms alone do not authorize personal-data sharing, biometric tracking or automated marketing messages. Any such service requires separate lawful arrangements. Aggregate reporting is the default; customer identifiers and sensitive data must not be submitted without an agreed lawful process.
21 Service standard and liability limits
Persaunt will perform the agreed services with reasonable care and skill and in accordance with accepted specifications. No disclaimer overrides an express commitment or a duty that cannot lawfully be excluded.
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE AGREEMENT. EACH PARTY’S TOTAL LIABILITY FOR RELATED CLAIMS IS LIMITED TO THE GREATER OF $1,000 OR THE TOTAL AMOUNT PAID OR PAYABLE UNDER THE AFFECTED ORDER. A DIFFERENT EXPRESSLY AGREED CAP IN THE ORDER CONTROLS.
These exclusions and limits do not apply to fraud, gross negligence, willful misconduct, bodily injury or physical property damage to the extent caused by a party’s negligence, indemnification obligations, properly owed fees, required refunds, or liability that cannot lawfully be limited. Nonwaivable statutory remedies are preserved. Multiple claims do not multiply an applicable cap.
22 Third party claims and indemnification
Advertiser will indemnify and defend Persaunt against third-party claims, damages and reasonable defense costs to the extent caused by Advertiser’s unlawful or infringing supplied content, unauthorized use of rights, advertised products or offers, or material breach of its content representations. Persaunt will indemnify and defend Advertiser against third-party claims, damages and reasonable defense costs to the extent caused by Persaunt’s negligent or willful conduct or infringement in original creative content it supplies.
No party indemnifies another for that other party’s negligence, misconduct or share of fault. The protected party must promptly notify the responsible party and reasonably cooperate; delayed notice reduces protection only to the extent it prejudices the defense. The responsible party may control the defense with competent counsel, subject to reasonable conflict protections. A settlement imposing an admission, nonmonetary duty or unreimbursed payment requires the protected party’s written consent. Applicable legal limits control.
23 Texas law and disputes
Texas law governs, without applying conflict rules that select another state’s law, except where mandatory law requires otherwise. Before filing suit, the parties will give written notice of the dispute and attempt resolution in good faith for 30 days. This does not prevent urgent court relief, a filing needed to preserve a deadline, a legally available small-claims action, or a government complaint.
Unless mandatory law requires otherwise, the parties consent to exclusive venue in state courts in Montgomery County, Texas, or federal courts of the Southern District of Texas with jurisdiction. Arbitration is not required. No jury-trial or class-action waiver is imposed. Attorney fees and court costs are recoverable only as authorized by law or a separate enforceable agreement.
24 Notices and general provisions
Formal notices must use the email or postal address designated in the Order. Email is effective upon acknowledgment or other reliable evidence of receipt; a failed transmission is not receipt. Personal delivery, recognized courier and certified mail are effective on documented delivery or refusal. Persaunt’s default postal notice address is 8708 Technology Forest, Suite 175, The Woodlands, TX 77381. Website: persaunt.com.
The Agreement is the complete agreement on its subject. Amendments require mutual written acceptance; website changes do not amend existing Orders. Waiver of one breach is not waiver of another. An unenforceable provision is severed to the extent lawful. Neither party may assign without the other’s written consent, not unreasonably withheld. The parties are independent businesses, with no authority to bind each other and no third-party beneficiaries. Electronic records and signatures may be used by agreement, with copies retained. Business days exclude weekends and United States federal holidays.
I am authorized to bind the Advertiser identified in this Order. I have read and agree to the Persaunt Media LLC Advertiser Terms and Conditions dated October 30, 2026 and the campaign details, term, pricing and payment schedule in this Order. I understand that the Order is subject to Persaunt’s acceptance.
For online use, present this wording beside an unchecked acceptance box with a visible link to this version and the complete Order before submission. Retain the accepted documents, the representative’s identity and the acceptance date and time.