Burst Media - $500 termination fee

[DalGulDan]

I've been looking for a banner ad network to help fill up my ad inventory by complementing my Fastclick Banners instead of the public service ads, and i opted to try Burst Media.

I was accepted on the same day, however on reading through the contract they want me to sign i saw this:

"BURST! reserves the right at any time, in its sole and absolute discretion, to terminate this Agreement, or in lieu of terminating this Agreement, to suspend the marketing of and placement of advertising for you. If BURST! terminates this Agreement due to your breach of this Agreement, you will owe revenue as provided in paragraph A of this Section 7 plus a $500 termination fee."

So Burst can decide at any time to terminate my agreement in their sole discretion - and charge me $500 for the priviledge?

I'm extremely wary of agreeing to this, I have visions of my account being terminated for some tiny niggly reason and being charged $500 for it, with no comeback whatsoever.

Anyone had any experience with Burst Media, in particular anyone who might have had to pay this $500 'fee' after being terminated for whatever reason?

[diamondgrl]

I think you misread it. It says that it may terminate at any time at its discretion. However, you owe the $500 only if you violate the agreement.

[DalGulDan]

Yes, but Burst can decide that you have violated the agreement at it's sole discretion.

I have no guarantee that they won't suddenly turn around and tell me a picture someone has posted on my site's forum is in violation of copyright and terminate the account for example.

It's probably unlikely, but unlike other ad networks if it does happen they're going to charge me $500 for the privilidge. I don't feel comfortable taking that risk.

[diamondgrl]

Frankly, I wouldn't worry about it assuming you are trying to be ethical about things.

If they nail you on some trivial detail, you could do a hell of a lot more than $500 damage to them by complaining about them in this forum. They are a public company. They have their reputation to keep up, especially among this crowd.

[rfung]

It's probably unlikely, but unlike other ad networks if it does happen they're going to charge me $500 for the privilidge. I don't feel comfortable taking that risk.

The likelyhood of them pursuing you over a measly $500 would, in my humble opinion, be unlikely as well(i.e you could withold payment). Unless they just charge you straight from a credit card you've given them or similar.