This is an agreement between an advertiser and a publisher for the placement of
advertisements within a trade journal. This agreement is fully customizable to ensure
the understandings of the parties are properly set forth. Among other clauses,
customizable clauses specify the journal’s printing information, the type of
advertisement, the duration of the agreement, the time for delivery, and payment
provisions. This agreement should be used by publishers that want to solicit
advertisements for a trade journal, or by small businesses that want to place an
advertisement in a trade journal to increase exposure.
TRADE JOURNAL ADVERTISING AGREEMENT
THIS AGREEMENT is made and entered into this __________ day of ________ 20 __ by and
between ___________________________, located at ____________________________
(hereinafter referred to as “Publisher”), and __________________________ residing at
_______________________________ (hereinafter referred to as ”Advertiser”)
WHEREAS the Publisher produces a [national/state] Trade Journal entitled
_________________ with an audited circulation of _____________.
WHEREAS the Advertiser and the Publisher are desirous of concluding an agreement
under which the Advertiser would advertise his product/services in the said Trade
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, receipt
and sufficiency of which is acknowledged, the parties hereto agree as follows:
a. Printing information:
i. Issue: ___________[spring/summer/fall/winter etc]____
ii. Anticipated Production Date: _________________, 20___
iii. Number of circulations: _______________________
i. Type of Advertisement: _____________________________________
ii. Size: _______[two page spread/half page/full page]______________
iii. Color: ___________ [Color or Black and White] _______________
iv. Placement: _________________________
v. Advertiser Preferences: ______________________________________
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This Agreement shall have the effect for Advertisement to be placed in the journal from
_________________, 20___, and continuing until _________________, 20___.
3. ADVERTISEMENT SUBMISSION
a. Delivery of Advertisement
The Advertiser must submit its advertisement to the Publisher ______________ days before the
anticipated production date (herein referred to as “Advertisement closing date”).
b. Advertisement Format
Advertisement copy shall be furnished electronically to the Publisher as a high resolution [pdf./A
300 dpi/.tif/.eps] file is also acceptable. If the advertisement copy supplied by Advertiser is not
high resolution pdf, additional production costs may be charged to the Advertiser.
The Advertiser is advised to thoroughly check and review the Advertisement and ensure that all
images, typography display as expected.
4. PAYMENT PROVISIONS
The Advertiser shall pay to the Publisher the amount specified in the Advertising Price List,
These rates are subject to change on an annual basis. All advertisements must be paid in full
prior to the anticipated production date unless prior credit approval has been arranged. The
payment term is net 30 days from billing date.
This Agreement is non-cancelable by Advertiser. In the event that Advertiser fails to deliver said
materials before the Advertisement Closing Date, the Advertiser shall be liable to reimburse the
Publisher for the cost of cover and consequential damages, if any, caused by the failure to
6. RIGHT TO REJECT
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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 acknowledge and/or previously published
Advertiser represent and warrant 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.
The Publisher does not guarantee the effectiveness of the results of any Advertisements placed in
the Journal. 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. Publisher’s total
liability under this Agreement is limited to the payments received by Publisher from Advertiser
in this Agreement, without regard to any previous agreements or versions of this Agreement
between the Publisher and the Advertiser.
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
defamation, libel, plagiarism, violations of right of publicity or privacy, infringement of
copyright or trademark, or other claim for violation of any proprietary right or any other
advertising injury related to its advertisement in above said publication.
10. ENTIRE AGREEMENT
This agreement contains the entire understanding of the parties relating to the subject matter
hereof and incorporates all previous discussions and understandings between the parties. Any
modification or waiver of any of the provisions of this agreement must be in writing and signed
by both the parties.
11. SUCCESSORS AND ASSIGNS
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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
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 address as set forth above.
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 5 days following the resumption of normal mail service.
13. 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
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