Print Advertising Agreement

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Print Advertising Agreement Powered By Docstoc
					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: ______________________________________

         ____________________________________________________________

         ____________________________________________________________




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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.



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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




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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



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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:

______________________________________

______________________________________




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                                    Exhibit A
                         Advertising Price List (rate card)




© Copyright 2011 Docstoc Inc.                                 8

				
DOCUMENT INFO
Description: 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 document is also part of a package Marketing Plan Toolkit 10 Documents Included