Political Addendum
Last Updated: June 1, 2024
This Political Addendum sets forth the terms and conditions under which you (“Client”) may use the Services and/or Deliverables of Project Applecart LLC (“Provider”) to engage in advertising that may implicate federal, state and/or local laws governing political activities, including, without limitation, election laws, campaign finance laws, “pay-to-play” laws, or lobbying disclosure laws. This Political Addendum is subject to, and governed by, the Applecart Master Terms and Conditions set forth at applecart.co/master-terms (the “Master Terms”), which together with other applicable addenda and the Order Form constitute the agreement (the “Agreement”) between the parties. Capitalized terms not defined in this Political Addendum shall have the meanings set forth in the Master Terms, the Order Form, or elsewhere in the Agreement. Provider reserves the right to modify this Political Addendum at any time pursuant to Section 13 of the Master Terms.
- Political Advertising. Client acknowledges that certain political advertising content, including but not limited to any public communication either that references a candidate for public office or ballot measure or that is intended to influence the election of a candidate for public office or the success of a ballot measure provided by Client (collectively, “Political Ads”) may be subject to federal, state and/or local disclosure laws and/or to public posting requirements imposed by a distribution platform, and that the sponsor of such Political Ads may be subject to registration, filing, and/or other requirements. In connection with any Political Ad campaigns undertaken in connection with this Agreement, Client (i) is responsible for and will take all necessary actions to comply with all laws and other requirements applicable to each of its Political Ads, including all applicable political advertising disclosure laws and regulations, (ii) will make all required filings related to its Political Ads, including filing statements of registration where required by applicable laws, (iii) is and will remain for the duration of each applicable campaign under this Agreement or for such period as allowed by law (whichever is longer), permitted under applicable laws to purchase advertising inventory for the Political Ads that Client provides to Provider for a campaign under this Agreement; and (iv) will promptly provide any information reasonably requested by Provider, and otherwise reasonably cooperate with Provider, to enable Provider and its Ad Network (as defined in the Advertising Services Addendum) to meet their separate respective obligations under applicable laws with respect to the delivery of Political Ads in connection with this Agreement, if any.
- Lobbying/Public Policy Advertising. Client acknowledges that certain advertising content, such as advertising intended to influence legislation or other governmental action provided by Client (collectively, “Lobbying/Public Policy Advertising”) may be subject to federal, state and/or local disclosure laws and/or to public posting requirements imposed by a distribution platform, and that the sponsor of such Lobbying/Public Policy Ads may be subject to registration, filing, and/or other requirements. In connection with any Lobbying/Public Policy Ad campaigns undertaken in connection with this Agreement, Client (i) is responsible for and will take all necessary actions to comply with all laws and other requirements applicable to each of its Lobbying/Public Policy Ads, including all applicable political advertising disclosure laws and regulations, (ii) will make all required filings related to its Political Ads, including filing statements of registration where required by applicable laws, and (iii) will promptly provide any information reasonably requested by Provider, and otherwise reasonably cooperate with Provider, to enable Provider and its Ad Network (as defined in the Advertising Services Addendum) to meet their separate respective obligations under applicable laws with respect to the delivery of Lobbying/Public Policy Ads in connection with this Agreement, if any.
- Compliance with “Pay-to-Play” Laws. If Client or any affiliated person of Client is subject to federal, state, and/or local “pay-to-play” laws, including but not limited to MSRB Rule G-37, SEC Rule 206(4)-5 and CFTC Rule 23.451, Client shall be solely responsible for ensuring that work performed by Provider complies with these laws.