VIEWS: 2,346 PAGES: 9 CATEGORY: Advertising Agreements POSTED ON: 3/13/2010
This Print Advertising Agreement is made between an advertiser and a newspaper publisher to publish an advertisement in the newspaper. This document sets forth the material terms and conditions of the agreement including the printing specifications, submission of the advertisement, and payment details. It contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to address the specific needs of the contracting parties. This document should be used by newspaper publishers and advertisers who want to place an advertisement in a newspaper.
This Print Advertising Agreement is made between an advertiser and a newspaper publisher to publish an advertisement in the newspaper. This document sets forth the material terms and conditions of the agreement including the printing specifications, submission of the advertisement, and payment details. It contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to address the specific needs of the contracting parties. This document should be used by newspaper publishers and advertisers who want to place an advertisement in a newspaper. PRINT ADVERTISING AGREEMENT THIS PRINT ADVERTISING AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this __________________ day of ______________________, 20____ (hereinafter referred to as the “Effective Date”) BY AND BETWEEN: _________ [publisher name] ____________ Address: ___________ ________________ ____________________________________ ____________________________________ (hereinafter referred to as the “Publisher”) - AND - _________ [Advertiser’s name] ___________ Address: ______________________________ ______________________________________ ______________________________________ Tel: __________________________ (hereinafter referred to as the “Advertiser”) WHEREAS: 1. The Publisher publishes a newspaper known as: ________________________ _____________ (hereinafter referred to as the “Newspaper”) 2. The Newspaper is an independent print medium, in which the Advertiser desires to advertise its goods or services. 3. The Advertiser and the publisher are desirous of concluding an agreement under which the Advertiser would solicit advertisements for insertion in the Newspaper. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, receipt of which is acknowledged, the parties hereto agree as follows: 1. DEFINITIONS In this agreement: © Copyright 2011 Docstoc Inc. 2 a. “Advertisement” refers to any public notice, as a printed display in a newspaper, designed to sell goods, publicize an event, etc. b. “Advertising Insert” refers to a loose piece of advertising material, for example, a card or brochure, placed inside a newspaper or magazine. c. “Advertising Price List” refers to a separate document that indicates the prices of advertisements based on specific criteria and attributes. This document is hereto attached as Exhibit A to this Agreement. d. “Digital proof” is a color prepress proofing method where a job is printed from the digital file using inkjet, color laser, dye sublimation, or thermal wax print technologies to give a good approximation of what the final printed piece will look like. 2. SPECIFICATIONS a. Printing information: Printing Date: _________________, 20___ Circulation Date: ____________________, 20___ Number of editions: _______________________ b. Duration of Advertisement This agreement shall have the effect for advertising to be placed in the newspaper from _________________, 20___, and continuing until _________________, 20___. c. Advertisement: i. Type of Advertisement: _____________________________________ ii. Size: _______[two page spread/half page/full page]______________ iii. Color: ___________ [Color or Black and White] _______________ iv. Frequency: ________ [one/two/four] _______________________ iv. Page: _________________________ v. Advertiser Preferences: ______________________________________ ____________________________________________________________ ____________________________________________________________ © Copyright 2011 Docstoc Inc. 3 3. ADVERTISEMENT SUBMISSION: a. Delivery of Advertisement The Advertiser must submit its advertisement to the Publisher ______________ ( ) days before the scheduled publish date (herein referred to as “Advertisement closing date”) b. Advertisement Format The Advertiser may submit its advertisement(s) to the publisher in the following formats: i. Paper - A paper copy of the Advertisement is acceptable for Advertisement submissions. The Newspaper will digitally scan the advertisement paper copy and resize the image according to the size and attributes which have been agreed upon by Advertiser, in this agreement. ii. Digital - BMP, JPEG, JPG, TIFF, and GIF formats are acceptable for advertisement submissions. If the size of the Advertisement is not in accordance with the correct size and attributes which have been agreed upon by the Advertiser, Publisher will resize the image to the correct size and format with the correct attributes. c. Submission The Advertiser may submit the Advertisement on a zip disk, CD-ROM or DVD, accompanied by a high-end color Digital Proof. d. Review The Advertiser is advised to thoroughly check and review the Advertisement and ensure that all images, typography display as expected. e. Advertising Inserts The Advertising Insert must have dimensions no larger than ____________ inches in width, and _____________ inches in length. The thickness of the Advertising insert must be no larger than _______ millimeters. If the Insert exceeds the dimensions mentioned above, the Publisher may, at its discretion, agree or refuse to circulate the advertisement. 4. CHANGES AND CANCELLATION BY ADVERTISER Advertiser can neither cancel the Advertisement, after the advertisement closing date nor can Advertiser change the type, number of issues, size, special requests, or requested issue after such date. Publisher is not responsible for any errors or omissions in any advertisement. 5. PAYMENT a. Payment for Advertisements The Advertiser shall pay to the Publisher the amount specified in the Advertising Price List. © Copyright 2011 Docstoc Inc. 4 b. Payment for Advertising Inserts. The Advertiser shall pay to the Publisher the amount specified in the Advertising Price List for Advertising Inserts. c. Acceptable Methods of Payment The Advertiser can pay the Publisher either by Cash or Check. If the payment is made by Check, Check payable to: ___________________________________________________ d. Payment Date All payments are due and payable within 30 days of the date of receipt of invoice. e. Failure of Payment. If the Advertiser does not make payments in accordance with this agreement, the Advertiser will accrue 100% (One Hundred Percent) of the unpaid balance for already published advertisements PLUS _________% of the unpaid balance as liquidated damages for the advertisements that were supposed to be published thereafter according to this agreement. Furthermore, Publisher reserves the right to cancel this Advertising Agreement immediately without notice in writing. 6. FAILURE TO PUBLISH If the Publisher fails to publish the advertisement, the Advertiser may in its discretion: i. Receive refunded costs for paid advertisements intended for the non-published newspaper edition(s); and/or ii. Terminate this Agreement. 7. TERMINATION Publisher may terminate this Agreement immediately at any time and for any reason, with or without cause. Advertiser may terminate this Agreement prior to the end of the duration of Advertisement, by delivering fifteen (15) days written notice to Publisher and by making the termination payment due Publisher, if any, as provided in this paragraph. In the event of the termination of this agreement by The Advertiser and the Advertisement is already published, the Advertiser is obligated to pay in full for the advertisement so published. All termination payments shall be due and payable immediately. In the event of bankruptcy of a party, the other may by notice in writing terminate this Agreement effective on the date on which the notice has been given. 8. PROOF OF CIRCULATION © Copyright 2011 Docstoc Inc. 5 The Publisher shall deliver a copy of the Newspaper to the Advertiser, upon request, for the purpose of confirming that the Advertisement had been circulated. 9. RIGHT TO REJECT The Publisher will not accept advertisement related to subjects banned by US law. The Publisher hereby reserves the right to reject or cancel any Advertisement for any reason, at any time, whether or not the same has been acknowledged and/or previously published. 10. WARRANTY Advertiser represents and warrants that it is authorized to publish the entire contents and subject matter of the Advertisement and that the publication and distribution of the Advertisement will not defame anyone or violate the trademark, copyright, right of publicity, or right of privacy, or any other proprietary right of the third party. 11. LIABILITY The Publisher does not guarantee the effectiveness of the results of any advertisements placed in the Newspaper. Advertiser assumes liability for all contents including, but not limited to text and/or illustrations of advertisements printed. In no event will Publisher be liable to Advertiser for any lost profits, lost data, costs of procurement of substitute goods or services, or any form of special, incidental, indirect, consequential or punitive damages of any kind (whether or not foreseeable), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Publisher is informed in advance of the possibility of such damages. Producer’s total liability under this Agreement is limited to the payments received by Producer from Advertiser in this Agreement, without regard to any previous agreements or versions of this Agreement between the Publisher and the Advertiser. 12. INDEMNIFICATION In consideration of the publication of the Advertisement, the Advertiser will indemnify and hold the Publisher harmless from and against any loss, claims or expenses arising from the publication of the Advertisement, including without limitation those resulting from claims or suits for libel, plagiarism, violations of right of publicity or privacy, infringement of copyright or trademark, or other claim for violation of any proprietary right. 13. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees. Neither party may assign this Agreement without the prior written consent of the other 14. AMENDMENTS AND WAIVERS © Copyright 2011 Docstoc Inc. 6 No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by the parties hereto. No waiver of any breach of this Agreement shall be binding or effective unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. 15. NOTICE Any notice or other communication required or permitted to be given by either party to the other shall be signed by or on behalf of the party given the notice and delivered personally, by facsimile, or mailed by prepaid registered post to the other party’s current address. Any notice delivered personally or by facsimile shall be deemed to have been given and received on the date it is so delivered. Any notice given by mail shall be deemed to have been given and received five (5) days following the resumption of normal mail service. 16. GOVERNING LAW All issues relating to this Advertising will be governed by the laws of the State of _____________. Any action relating to the Advertising must be brought in the State of __________________, and the parties hereby consent to the jurisdiction of such courts. IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written. Publisher: _____________________________________ _____________________________________ Advertiser: ______________________________________ ______________________________________ © Copyright 2011 Docstoc Inc. 7 Exhibit A Advertising Price List (rate card) © Copyright 2011 Docstoc Inc. 8
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