RADIO SAM BROADCASTING STUDIOS GERMANY GmbH | Steedener Weg | 65594 |  | Email: a.dezius@gmail.com
GENERAL TERMS AND CONDITIONS OF RADIO SAM BROADCASTING STUDIOS GERMANY  MEDIA GMBH | RADIO 
1 | CONCLUSION OF CONTRACT
RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH (hereinafter referred to as “RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA”) shall conclude advertising contracts on
behalf of and for the account of the radio stations/marketers named in the price list or the radio
stations/marketers that have consolidated to form a combination (hereinafter referred to as
“stations/marketers”), as well as for digital offerings. In addition to terrestrial broadcasting, some of
the channels involved are broadcast via satellite. However, there is no entitlement to this. The
responsibilities and rights assigned to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA in these terms and conditions, as well as the digital
offerings, shall be exercised in the name of and for the account of the station/marketer in accordance
with the following provisions.
2 | COMPLIANCE WITH LEGAL REGULATIONS
Advertising placements must comply with the current laws and state treaties on the establishment of
the RADIO SAM BROADCASTING STUDIOS GERMANY state broadcasting corporations  and the Interstate
Broadcasting Agreement and the rules of conduct recognised by the Central Association of the German
Advertising Industry (ZAW) and/or the German Advertising Council. Furthermore, they must comply
with the Interstate Broadcasting Agreement and the relevant broadcasting laws and state treaties of
the countries in which these commercials are broadcast or in which the stations/marketers have their
respective headquarters. Advertising for political purposes of any kind, for religious views and
ideological convictions is excluded. This also applies to the use of corresponding statements in
advertising. RADIO SAM BROADCASTING STUDIOS GERMANY guidelines for advertising, sponsoring, sweepstakes and production assistance in
the version of 15/07/2025 shall apply.
3 | ORDER
For a product or service to be advertised, only a single order in which the advertiser is to be precisely
identified shall be accepted.
If individual dates cannot be booked by RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA as commissioned by the Client for capacity reasons,
RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA may propose comparable alternative dates to the Client and offer the alternative dates for
the first time in the order confirmation. These alternative dates shall be deemed to be accepted if the
Client does not object in writing or electronically within 24 hours of receipt of the order confirmation.
4 | ENGAGEMENT OF ADVERTISING AND/OR MEDIA AGENCIES
If an advertising and/or media agency places orders, it does so in its own name and for its own account.
Orders from advertising and/or media agencies shall only be accepted if the advertiser is named. RADIO SAM BROADCASTING STUDIOS GERMANY
MEDIA shall be entitled to demand proof of mandate from the advertising and/or media agencies.
Upon placing the order, an advertising and/or media agency shall assign to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA the payment
claims against its customer arising from the advertising contract on which the claim is based. RADIO SAM BROADCASTING STUDIOS GERMANY
MEDIA hereby accepts this assignment (assignment by way of security). It is entitled to disclose this to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH | Steedener weg | 65594 | Dehrn/Runkel Germany | Email: a.dezius@gmail.com
the customer of the advertising and/or media agency if the claim is not settled within one month of
the due date.
The assignment of the claim against their customer is made purely as security and not in lieu of
performance. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA’s claim against the advertising and/or media agency shall therefore remain
valid until RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA’s claim has been settled in full, even if the claim is asserted against the customer.
If the advertising and media agency engaged gives its consent, another advertising or media agency
may take its place during the execution of the order with the consent of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA.
5 | WRITTEN FORM
The contract on the acceptance of an order placed must be in writing or confirmed electronically.
Subsidiary and amendment agreements require the same form.
6 | RESERVATION OF RIGHT OF REFUSAL
RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA reserves the right to refuse orders; this applies in particular to bookings made via so-called
online booking platforms (its own or third-party) where the booking corresponds to an order. Even in
the case of legally binding accepted orders, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA reserves the right to reject broadcast
documents due to their origin, content or technical form. A rejection is possible in particular if a
commercial’s content violates legal provisions or the broadcaster’s interests. Uniform principles apply
to these decisions. The Client is to be informed immediately. The reasons for rejection shall be
communicated to the Client.
7 | PRICES, DISCOUNTS, BILLING
7.1 | RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall charge and grant the prices, agency fees and discounts stated in the respective
valid price list. For price calculation purposes, the running time of the sound carriers is measured
according to their actual length. The minimum length of a commercial is 10 seconds. Placements with
a broadcast duration of over 60 seconds require a separate agreement. The basis for calculating the
length of a placement is the first and last perceptible audio signal. If a time unit specified in the price
list is exceeded, the placement price for the next higher time unit will be charged.
7.2 | All agreed conditions (including price reductions, rebates, discounts, etc.) apply directly to the
Client.
7.3 | Unless another currency is expressly stated, all prices are net prices in euros, plus the value added
tax valid at the time of performance.
7.4. | Changes to placement prices shall come into effect for current orders at the earliest one month
after they have been communicated to the Client. In such a case, the Client may withdraw from the
contract at the time the change comes into effect. It must notify RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA of this without delay, at
the latest within 10 days of notification of the change.
7.5 | Special placements (e.g. corner placements) are charged according to the rate with surcharges.
These are communicated in advance in writing and in detail.

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RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH  Email: a.dezius@gmail.com
7.6 | In order to achieve a harmonious transition from the programme item to the advertising and vice
versa, Radio SAM Broadcasting Studios Germany MEDIA shall be entitled to fade in or out the advertising commercial over approximately
1% of the total length.
7.7 | Prices for special forms of advertising and special formats shall be agreed separately. Any
discounts granted will not be taken into account for this purpose.
8 | TERMS OF PAYMENT
8.1. For contracting parties in an ongoing business relationship, placements are generally invoiced
between the 1st and 5th of the broadcast month with the corresponding invoice date.
Invoices are due net, without deductions, no later than 25 days from the date of invoice. A 2% discount
will be granted for payments received within 10 days of the invoice date. In the case of invoicing with
an invoice date after the 5th of the month of broadcasting, these payment terms shall apply
analogously.
8.2 | First-time contracting parties as well as customers domiciled abroad shall make their payment
before the first broadcast begins. Payment must be received no later than three working days before
first broadcasting. As a rule, bookings are calculated on the first working day of the month of broadcast.
Invoices are due net, without deductions, no later than 25 days from the date of invoice if the advance
payment referred to in paragraph 1 is observed; a 2% discount is granted if payment is received within
10 days from the date of invoice. In the case of crossed cheques, the date of payment shall be the date
of receipt by RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH; in the case of bank transfers, the date on which the amount is credited
to one of the accounts of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH specified below:
Radio SAM Broadcasting Studios Germany MEDIA GmbH

If the invoice is not paid on time, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH shall be entitled to refrain from executing the
order until payment has been received or to withdraw from the order without this giving rise to any
claim for compensation on the part of the Client.
The Client shall be liable to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH for the damage incurred.
9 | JOINT ADVERTISING
Joint advertising (advertising material used by several financially separate companies for joint
advertising) requires the written consent of Radio SAM Broadcasting Studios Germany MEDIA in each individual case.

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Radio SAM Broadcasting Studios Germany MEDIA GmbH
Radio SAM Broadcasting Studios Germany MEDIA shall be entitled to levy a group surcharge per advertised product on the applicable price
for the placement of group advertising.
10 | CONTRACT YEAR
Orders are processed within one calendar year. The contract year is the calendar year.
11 | RESPONSIBILITY FOR CONTENT
The Client shall be responsible for the content of the sound carriers made available to Radio SAM Broadcasting Studios Germany MEDIA,
shall be liable to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA for their legal admissibility and shall indemnify Radio SAM Broadcasting Studios Germany MEDIA, the
broadcasting radio stations as well as the digital offerings against claims by third parties.
12 | RIGHTS OF USE
12.1 | The Client guarantees that RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA will only be sent such broadcasting materials, in
particular sound carriers or audio files, for advertising placements for which RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA has acquired
and settled all copyrights and ancillary copyrights required for exploitation on radio, in online media
(e.g. the Internet) and via other distribution channels. This shall also apply if industrial sound carriers
have been used to produce the broadcast documents. Excluded from this are the broadcasting and
reproduction rights to musical works from the GEMA repertoire required for the production of the
broadcasting tape, which are acquired and compensated by the stations/marketers through their
contracts with the GEMA. The Client shall transfer to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA the right to use the broadcast
documents provided, in terms of time, place and content, to the extent necessary to execute the order.
This also includes the right to transfer the right of use to the station(s)/marketer(s) or to third parties
commissioned to handle the broadcast. In all cases, the right of use is transferred without any
territorial restrictions and entitles to broadcasting by means of all known technical processes as well
as all known forms.
This also includes the right to simultaneous, unaltered exploitation in online media of all kinds,
including the Internet, i.e. the right to broadcast the commercial to a large number of potential users
by means of analogue, digital or other storage or data transmission technologies via electromagnetic
waves through wire networks of any kind or by radio in such a way that they can receive and reproduce
the commercial in parallel with all other forms of radio broadcasting, in the audio sector or via online
media (e.g. Internet), regardless of which receiving device is used (simulcast, streaming). The transfer
of rights also includes the right of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA to make a recording for the person who can credibly
demonstrate in writing that his rights are affected and to hand over this recording to him. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA
is not obliged to check the legality of this use. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall also be entitled to make a recording of
the entire commercial break for third party clients for listening purposes, which may include the third
party client’s commercial as well as the Client’s commercial in whole or in part. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA will point
out in connection with the transfer of the recording to third parties that any use beyond this is not
permitted.
12.2 | Should claims be asserted against RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA by third parties on the basis of the use of the
sound carriers provided, the Client shall indemnify RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, the broadcasting radio stations and
the digital offerings against all damages and costs arising in this connection. The Client shall permit

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RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA and its marketing organisations to use all broadcast documents, in particular image and
sound carriers (“production”), free of charge and without any time or place restrictions, in whole or in
part, as often as they wish in all media for the purposes of self-promotion and customer advice. This
includes in particular the right to use the production in a manner customary in the industry on the
“ard-media.de” website in image films, in print media, in presentations, at trade fairs, etc. for the
purposes of self-promotion and customer advice. The Client guarantees that it is entitled to grant the
aforementioned rights and indemnifies RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA against any claims by third parties.
13 | SUBMISSION OF BROADCAST DOCUMENTS
13.1 | The Client undertakes to submit the documents for the respective Radio SAM Broadcasting Studios Germany MEDIA programme no
later than the acceptance date specified or specially agreed in the explanations on order processing. If
broadcast documents are not delivered on time or in a technically insufficient form, or if they are
rejected in accordance with section 6 of the General Terms and Conditions and if the programme
cannot be broadcast for these reasons, the Client shall remain obliged to pay for the agreed broadcast
time. In this case, however, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall be obliged to offer the Client an alternative date if
possible. If a commercial is rejected for reasons for which the broadcaster or marketing company is
responsible, the Client may withdraw from the contract. In the event of loss or damage to broadcast
documents sent to RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, Radio SAM Broadcasting Studios Germany MEDIA’s liability shall be limited to reimbursement of the costs
of making a new copy.
13.2 | If in-house and/or commissioned music has been used in the broadcast documents, the Client
is obliged to make the associated sound files available by the broadcast date – stating the music
metadata – via the GEMA sound file upload for audio fingerprint monitoring for GEMA billing, or to
impose this obligation on its contractual partners accordingly by contract.
14 | COMPLIANCE WITH BROADCASTING TIMES
Agreed broadcasting times shall be adhered to as far as possible. As a rule, however, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA does
not guarantee broadcasting at a specific time, in a specific order, in connection with a specific
accompanying programme or in compliance with the so-called exclusion of competition. Section 7.5
shall remain unaffected.
15 | POSTPONEMENT OF THE ADVERTISING BROADCAST
15.1 | If a commercial cannot be broadcast on the envisaged date for reasons relating to the schedule
or if it is cancelled for other reasons as a result of a technical malfunction or interruption of operations,
it shall be brought forward or caught up on as far as possible. The Client’s consent is required to bring
forward or postpone the commercial, unless the postponement is insignificant. The postponement of
a radio commercial is immaterial if it takes place within the same editorial environment and does not
result in the broadcast of the commercial more than one hour before or after the originally scheduled
time. If the necessary consent could not be obtained or was subsequently not granted, the Client may
request a substitute broadcast under comparable conditions within the limits of availability. If this is
not possible, the Client may claim a price reduction in accordance with the extent of the poor or
reduced performance. Further claims are excluded

15.2 | RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall repay the fee if the advertising placement was not broadcast due to the failure
of all stations of the respective booked radio combinations, unless the broadcast of this advertising
placement was brought forward or caught up on. In the event of the failure of a proportion of these
stations, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall reimburse a corresponding part of the fee if the broadcast could not reach
more than 10% of registered radio receivers. The Client may not assert claims beyond this, in particular
in the event of the failure of a transmission path.
16 | POSTPONEMENT DUE TO PERSONAL IDENTITY
Radio SAM Broadcasting Studios Germany MEDIA reserves the right to reschedule the broadcast of commercials to another broadcast day,
if possible at the same time, if radio programme staff, actors or other persons known through radio
also audibly appear in commercials on the same day in one of the schedules of the booked
combinations. Clause 15 (1) sentence 2 shall not apply.
17 | REFERENCE IN OTHER ADVERTISING MEDIA
An advertising placement in one of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA’s sales packages may only be referred to in other
advertising media if it is made clear that the advertising placement is not a broadcast in the general
radio programme but a broadcast in commercial radio. Wording that links commercials to broadcasters
is not permitted.
18 | FORCE MAJEURE, CLIENT WITHDRAWAL
18.1 | In the event of force majeure, each Party to this agreement may withdraw from the agreement
with immediate effect, unless RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA has already performed the service. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall be
obliged to repay to the Client the fee due for the cancelled advertising placement(s). The Client has no
further claims.
Force majeure shall include in particular riots, fire, power failures, storm damage, strikes, lockouts,
damage caused by construction work and similar events for which RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA cannot be held
responsible.
18.2 | In other cases, a request for cancellation by the Client must be received by RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA in writing
no later than six weeks before the first broadcast date of the dates which are to be cancelled according
to the request for cancellation. In the event of non-compliance with this deadline, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA may
refuse to agree to the withdrawal if it is not possible to resell the contractually agreed broadcast dates
to other clients.
18.3 | In the case of fixed orders, withdrawal in accordance with clause 18.2 is not possible.
19 | CREDIT NOTE
If the Client is entitled to repayment, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall issue the Client with a corresponding credit
note in accordance with the applicable tax requirements, which shall be deducted from the next
invoice.

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RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH | Steedener weg | 65594 Dehrn/ Runkel | Germany | Email: a.dezius@gmail.com
20 | LIABILITY OF THE CLIENT
If the Client, the Advertiser or their vicarious agent violates a contractual obligation, the Client shall
indemnify RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, the stations/marketers broadcasting the advertising as well as the digital
offerings from third-party claims. This also applies to the costs of a reasonable legal defence.
21 | SET-OFF, RIGHT OF RETENTION
21.1 | The Client can only declare offsetting with counterclaims if they are undisputed or legally
established claims.
21.2 | The assertion of rights of retention by the Client is excluded if the counterclaims result from
another contractual relationship. If the counterclaims are based on the same contractual relationship,
the assertion of the right of retention is only permissible if the counterclaims are undisputed or legally
established.
22 | WARRANTY RIGHTS / LIABILITY OF RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA OR OF THE COMPANIES IT REPRESENTS
In the event of poor or inadequate performance on the part of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, the Client’s warranty rights
shall be limited, at RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA’s discretion, to replacement broadcasting on a comparable date or
reduction of the price in accordance with the extent of the poor or inadequate performance. A shortfall
in performance exists, for example, if more than 10% of the technical reach documented for the IVW
audit was not achieved or if broadcasting took place in reduced quality. Warranty rights of the Client
become time-barred after 12 months. Any further claims of the Client, in particular for damages
instead of performance and for compensation for any other direct or indirect damage – including
incidental or consequential damage, irrespective of the legal grounds – are excluded. This does not
apply if
a | RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA has fraudulently concealed a legal or material defect or has assumed a guarantee for
its absence or the quality of the service;
b | the damage has resulted in loss of life, bodily injury or damage to health due to intent or gross
negligence on the part of RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, one of its legal representatives or vicarious agents or due to a
negligent breach of essential contractual obligations by RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA or these persons;
c | a culpable breach of duty by RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA, its legal representatives or vicarious agents has led to
physical injury or damage to health;
d | liability is assumed in accordance with the Product Liability Act.
In the event of simple negligence, however, RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA’s obligation to pay compensation shall be
limited to the amount of the foreseeable damage typical of the contract. Liability for consequential
damages, such as loss of profit, loss of savings and other indirect damages, is excluded, unless the
purpose of the contract would be endangered thereby.

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RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA GmbH 
23 | CONFIDENTIALITY
23.1 | Both parties are obliged to keep confidential and protectable matters of the other Party which
are entrusted to them or become known to them from or in connection with their cooperation, and
not to use them for their own or third party purposes, but only for the lawful fulfilment of tasks within
the scope of the order. Confidential shall mean any information or documents of a Party which the
Party has designated in writing as confidential or the confidential nature of which is clearly evident
from its nature, in particular trade and business secrets.
23.2 | Publications of any kind in connection with the cooperation are generally only permitted with
the prior consent of the other Party. RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA shall, however, shall be entitled to use the Client’s
name, brand and logo as well as information about the order for reference purposes, subject to the
aforementioned confidentiality obligations.
24 | FINAL PROVISIONS
24.1 | Should individual provisions of these General Terms and Conditions be invalid, this shall not
affect the validity of the remaining provisions. In the event of contradictions between the English and
the German version of these General Terms and Conditions the German version shall prevail.
24.2 | Place of performance and jurisdiction is Frankfurt am Main.
24.3 | RADIO SAM BROADCASTING STUDIOS GERMANY MEDIA is neither willing nor obliged to participate in dispute resolution proceedings before
a consumer arbitration board.
24.4 | The law of the Federal Republic of Germany shall be deemed agreed.
24.5 | Deviating General Terms and Conditions of the advertising and/or media agency will not become
part of the contract even through acceptance of an order, unless the parties have expressly agreed
otherwise in writing.
Valid from January 2025. Subject to change without notice

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