'The March Fourth! SELL OUT​,​' an Ongoing Performance

by The March Fourth!


Artistic Statement
Throughout the history of Rock n' Roll Music, all the great artists have sold out. When confronted with the accusation of selling out in 2001, Mike Dirnt of Green Day said:
"If there's a formula to selling out, I think every band in the world would be doing it", he said. "The fact that you write good songs and you sell too many of them, if everybody in the world knew how to do that they'd do it."
The March Fourth! would like to officially announce that we have discovered the formula to selling out and that we have sold out, effective immediately. In 'The March Fourth! SELL OUT,' we present a far more efficient model for bands wishing to sell out which does not rely on such obsolete strategies as writing songs or selling records.

In order to complete the process of selling out, The March Fourth! will provide the purchaser with 1 (one) months* of advertising services at its live performances. The March Fourth! will briefly display a custom banner message on a poster at least 22" x 28" in size (text only, limit 180 characters) advertising your product or service to be accompanied by a succinct oral endorsement from The March Fourth! during each of its performances for the duration outlined. The March Fourth! will provide the banner. This Advertising Order is subject to the Terms and Conditions listed below.

*Placement Start Date will be the first day of 1 (one) calendar month, to be scheduled at the exclusive discretion of the March Fourth!, during which The March Fourth! will make at least 1 (one) advertised live appearance within New York City limits, or at least 2 (two) advertised appearances elsewhere.
Placement End Date will be the first day of the calendar month immediately following Placement Start Date.

Terms and Conditions
By submitting a payment, you, the Advertiser or its agency (collectively "Advertiser"), agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual The March Fourth! (collectively "M4!") Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions and shall govern the banner advertising order (the "Advertising Order"), superseding all terms therein except for those relating to advertisement pricing.
Conditions and Restrictions on Use
All Advertising Orders are subject to acceptance by The March Fourth!. Rates and the Standard Terms are subject to change without notice. The March Fourth! reserves the right to refuse or cancel any Advertising Order, without cause, at any time. The Standard Terms and Advertising Order shall be collectively known as the "Agreement." Advertiser and its agency (if applicable) shall be jointly and severally responsible under this Agreement.

1. Term of Agreement. The term of this Agreement commences on the Placement Start Date to be scheduled at the exclusive discretion of M4! and terminates Placement End Date.

2. Terms of Payment. The Advertiser must first submit to M4! the full charge for the amount specified in the Advertising Order in order to initiate this agreement. All payment amounts in this Agreement are in U.S. dollars and are exclusive of any applicable taxes and shall be made free and clear of, without reduction for, (and Participant shall be responsible for and shall indemnify The March Fourth! against) any applicable U.S. and foreign, state, and local taxes; value-added or sales taxes; withholding taxes, duties or levies and assessments, howsoever designated or computed, pertaining to the payments under this Agreement (excluding taxes based upon the net income of M4!). Participant shall promptly furnish M4! with tax receipts evidencing the payment of any taxes referred to in the preceding sentence. M4! and Participant shall cooperate with each other in minimizing any applicable tax and in obtaining any exemption from or reduced rate of tax available under any applicable law or tax treaty.

3. Positioning. Except as otherwise expressly provided in the Advertising Order, positioning of advertisements is at the sole discretion of M4!.

4. Renewal. Except as expressly set forth in the Advertising Order, any renewal of the Advertising Order and acceptance of any additional advertising order shall be at M4!'s sole discretion. Pricing for any renewal period is subject to frequent change by and is solely at M4!'s discretion.

5. No Assignment or Resale of Ad Space. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any attempt by Advertiser to resell, assign or transfer such rights shall result in immediate and automatic termination of this Agreement, without liability to M4!.

6. Statistics. M4! records no statistics and makes no guarantee with respect to levels of impressions for any advertisement.

7. Right to Reject Advertisement. All contents of advertisements (including those served by Third Parties) are subject to M4!'s approval. M4! reserves the right to reject or cancel any advertisement, Advertising Order, URL link, space reservation or position commitment, at any time, for any reason whatsoever (including belief by M4! that any placement thereof may degrade the graphic quality of the M4! or may subject M4! to criminal or civil liability).

8. Limitations of Liability. In the event that M4! fails to publish an advertisement in accordance with the schedule provided in the Advertising Order, or in the event that M4! to deliver the full time period of the Advertising Order (if any), or in the event of any other failure, technical or otherwise of such advertisement to appear as provided in the Advertising Order, the sole liability of M4! and exclusive remedy of Advertiser shall be limited to placement of the advertisement at a later time in a comparable position until the total advertising time is delivered. In no event shall M4! be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Third Parties (if any). IN NO EVENT SHALL M4! BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF M4! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. M4!'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY M4! FROM ADVERTISER FOR THE ADVERTISING ORDER GIVING RISE TO THE CLAIM. Without limiting the foregoing, M4! shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any other condition affecting production or delivery in any manner beyond the control of M4!. Advertiser acknowledges that M4! has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

9. Advertiser's Representations; Indemnification. Advertiser represents and warrants to M4!, and Third Parties (if any), that Advertiser holds all necessary rights to permit the use of the advertisement by M4! for the purpose of this Agreement; and that the use, reproduction, distribution, transmission or display of advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not (a) violate any criminal laws or any rights of any third parties or (b) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Advertiser agrees to indemnify, defend and hold M4! and Third Parties (if any) harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) breach of any of the foregoing representations and warranties, or (ii) any third-party claim arising from use of or access to the advertisement under this Agreement or any material to which users can link, or any products or services made available to users, through the advertisement under this Agreement.

10. Cancellations. Except as otherwise provided in the Advertising Order, the Advertising Order is non-cancelable by Advertiser. If Advertiser cancels the Advertising Order, in whole or in part, Advertiser agrees to pay the full amount detailed in the Advertising Order and any additional early cancellation charges.


released May 12, 2011



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