VIEWS: 689 PAGES: 6 CATEGORY: Advertising Agreements POSTED ON: 5/3/2010
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.
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”) RECITALS 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 Journal. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. SPECIFICATIONS a. Printing information: i. Issue: ___________[spring/summer/fall/winter etc]____ ii. Anticipated Production Date: _________________, 20___ iii. Number of circulations: _______________________ b. Advertisement: 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: ______________________________________ ____________________________________________________________ © Copyright 2011 Docstoc Inc. 2 2. DURATION 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. c. Review 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. 5. CANCELLATIONS 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 deliver. 6. RIGHT TO REJECT © Copyright 2011 Docstoc Inc. 3 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 7. WARRANTY 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. 8. LIABILITY 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. 9. 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 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 © Copyright 2011 Docstoc Inc. 4 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 12. NOTICES 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 above written PUBLISHER: _____________________________________ _____________________________________ ADVERTISER: ______________________________________ ______________________________________ © Copyright 2011 Docstoc Inc. 5
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