Magazine Advertising Agreement
This is an agreement between a magazine publisher
and an Advertiser regarding Publisher’s inclusion
of the Advertiser’s ad in the magazine. The
agreement provides a flexible format, with the
variable information (such as ad size, position,
frequency and fee) in the Exhibit. The agreement
further provides that the Magazine is held harmless
for the content of the ad and the Magazine reserves
the right not to print the ad.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
Inc. of your state. Use at your own risk. Docstoc
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modifying any form is not creating or entering into an Attorney-Advertiser relationship.
Docstoc does not provide legal advice. The information and forms are not a substitute for the
advice of your own attorney.
ADVERTISING AGREEMENT
THIS ADVERTISING AGREEMENT (the “Agreement”), made as of ___________
[Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of
Magazine Publisher], ___________ [Instruction: Insert Address] (the “Publisher”) and
___________ [Instruction: Insert Name of Advertiser], ___________ [Instruction: Insert
Address] (the “Advertiser”).
WHEREAS, Publisher publishes the magazine known as ___________ [Instruction: Insert
Name of Magazine] (the “Magazine”);
WHEREAS, Advertiser wishes to place one or more advertisements (each an “Ad”) in the
Magazine and Publisher is agreeable, subject to the following the terms and conditions;
NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth herein, the parties agree as follows:
1. Advertisement. Advertiser shall deliver each Ad to Publisher pursuant to the specifications,
terms and conditions set forth in Exhibit “A” hereof, attached hereto and incorporated herein. If
Publisher deems the Ad suitable, Publisher may elect, in Publisher’s sole discretion, to include
the Ad in a particular issue of the Magazine, in all media, whether now known or hereafter
devised, in which the issue containing the Ad is published, reproduced, distributed, displayed,
performed, or transmitted, in whole or in part.
2. Fee. Within thirty (30) days of the later of: (A) Advertiser’s receipt of Publisher's detailed
invoice indicating the amount due and (B) the publication of the Magazine containing the Ad,
Advertiser shall pay to Publisher the fee set forth in Exhibit “A”. All unpaid fees shall be subject
to Publisher’s standard late payment fees and penalties, including but not limited to the accrual
of interest at the legal rate.
3. Representations, Warranties, Indemnification, Reservation of Rights and Limitation of
Liability.
A. Advertiser represents and warrants that any Ad submitted to Publisher complies with all
applicable laws and regulations and does not violate the rights of, and is not harmful to, any
person or entity (including, but not limited to, any intellectual property rights, rights of publicity
and/or rights of privacy).
B. As part of the consideration to induce Publisher to publish the Ad in the Magazine,
Advertiser, its affiliates, employees, owners and representatives agree to indemnify and hold
Publisher and its affiliates, employees, owners and representatives, harmless from any and all
liability, loss damages, and expense of any nature, including reasonable attorneys’ fees, arising
out of any actual or potential claims, demands, and litigation alleging that the Ad(s) or other
submitted materials are libelous or obscene and/or violates any rights of any person or entity
(including, but not limited to, any intellectual property, rights of publicity and/or rights of
privacy).
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C. Publisher reserves the right, in its absolute discretion and at any time, to cancel or reject
any Ad at any time, for any reason. Publisher shall be under no liability for its failure, for any
reason, to insert any Ad in any issue of the Magazine.
D. In no event shall Publisher’s liability with respect to any Ad exceed the total amount paid
to Publisher for such Ad, including any liability resulting from the errors or omissions of the
Magazine. In no event shall the Magazine be liable for special, incidental, consequential or
punitive damages.
4. Miscellaneous.
A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.
B. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.
C. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.
D. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Publisher may assign any or all of
Publisher’s rights and/or obligations hereunder to any assignee, licensee or designee of
Publisher, and all succeeding assignees, licensees or designees. Advertiser may not assign any of
Advertiser’s rights and/or obligations hereunder without Publisher’s prior written consent.
E. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.
F. This Agreement shall be governed in accordance with the laws of the State of
_____________, [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].
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IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.
PUBLISHER:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
ADVERTISER:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
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Exhibit “A”
1. Ad Specifications and Requirements.
A. Due Date. For potential inclusion in any particular issue of the Magazine, a suitable
submission of the Ad (as described in paragraph 1(B) of this Exhibit “A” must be submitted to
Publisher no less than ______________ (___)[Instruction: Insert Number] days prior to the
particular issue of the Magazine’s published cover date.
B. Ad Submission. Ads must be submitted in ______________ format [Instruction: Insert
Types of Formats that will be accepted]. The trim size of publication is ___” x ___”
[Instruction: Insert Size], all Ad submissions must comply with said trim size. All Ad
submissions should be thoroughly reviewed to ensure that all images, typography and other
placed images display as expected. Publisher shall have no liability for misspelled words or
other mistakes that are provided in the Ad submission.
C. Marking. All Ads that might be mistaken for an article, commentary, or other non
advertising material must be clearly marked “advertisement”. Publisher reserves the right to add
such a mark to all Ads.
2. Ad Size. ______________ [Instruction: Insert Ad Size]
3. Ad Position. ______________ [Instruction: Insert Ad Position]
4. Ad Frequency. ______________ [Instruction: Insert Ad Frequency]
5. Fee. ______________ Dollars ($____)[Instruction: Insert Amount]
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