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Ad Agreement
TERMS & CONDITIONS DISCOuNT: Advertiser may choose to _____apply the full amount of their Discount against the billing of their last ad OR _____apply their Discount equally against the billing of each ad. BIllINg: Advertiser agrees to pay for each advertisement one (1) week prior to its Publication Date. Term: This Agreement extends to the last listed Run Date above at the Rates and Discount given. REvISION Of RaTES: Publisher reserves the right to revise its advertising rates at any time without notice; however, existing contracts will not be subject to revised rates until renewal. NEw aDS: Advertiser may replace text and/or graphics by 5pm on the Monday prior to publication. REfuSal aND/OR REvISION Of aD COpy: Publisher reserves the right to refuse or revise ad copy for any reason. When, in the opinion of the Publisher, advertising resembles news, the ad will be clearly designated by the words Advertisement Paid or some similar notation. plaCEMENT: Page, section or position of ad are at Publisher’s option unless payment for Special Placement has been made. ERRORS aND OMISSIONS: Advertiser is responsible for ensuring the correctness of their ad. In the event of an error or omission by the Publisher, Publisher will not be liable for an amount greater than the cost of the ad run immediately prior to the error being reported by Advertiser. No claims will be allowed for more than one incorrect insertion or for errors not affecting the value of the ad. Further, Publisher will not be liable for incidental or consequential damages, foreseeable or not, as a result of any error or omission. NON-INfRINgINg, NON-INjuRIOuS: Advertiser warrants and represents that any material submitted is original, does not violate any law or infringe the intellectual property of any person, and contains no material which is libelous or otherwise injurious to any person. Advertiser assumes all liability for all ad content and agrees to indemnify and hold Publisher harmless against any and all claims, losses, liabilities and expenses, including attorney’s fees and legal expenses attributable to the publication of an ad submitted by the Advertiser. CaNCEllaTION & EaRNED RaTE: Advertiser may cancel this Agreement at any time with payment of any balance due in full, at the rate earned to that date per the Volume Discount Schedule on the Ad Rate Card attached hereto. If Advertiser has prepaid for a number of ads, Publisher will promptly refund any funds due. lOwER RaTE: Advertiser can earn a higher discount than contracted for by running larger or more frequent ads. Should Advertiser, thereby, earn a lower rate, the discount shall be applied immediately to the following ad, provided Advertiser owes no additional funds to the Publisher, and absent any billing dispute. If there is a balance due or any billing is in dispute, larger or additional ads will be run without discount. BIllINg DISpuTE: In the event of a billing dispute, Advertiser must promptly pay all amounts not subject to dispute and notify the Publisher in writing of any payment withheld and the reason for same. Advertiser will cooperate with the Publisher in the resolution of any dispute. CREDIT: Publisher has a policy of not extending credit to advertisers. However, should credit be extended in a special case, the terms of such an arrangement shall be specified in a separate Credit Agreement that will be construed as a part of this Agreement. pERfORMaNCE: It is understood and agreed that time is of the essence for all provisions and purposes of this Agreement and with respect to the performance of all of its obligations. CONSTRuED SIMply: This Agreement will be construed according to its fair meaning and not strictly in favor of either party. aRBITRaTION Of ClaIMS: The parties agree to submit any dispute between them to binding arbitration conducted by a single arbitrator who shall interpret this Agreement in accordance with the laws of New York and whose ruling shall be conclusive and binding upon the parities. Counsel fees, expenses, and the fee of the arbitrator shall be paid by the non-prevailing party in the arbitration. The arbitrator shall determine which party has not prevailed. ENTIRE agREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof as it supersedes all other understandings and previous discussions. No oral agreements or representations shall serve to modify its terms. Should the Publisher temporarily waive any terms of this Agreement for the convenience of the Advertiser, Publisher reserves the right to subsequently enforce the terms stated herein. MODIfICaTIONS: Any changes to the above must be in writing, attached hereto, and signed by both parties. Advertiser has carefully read and agreed to the Terms and Conditions above. *Advertiser_________________________________________________ Phone_________________________ Fax__________________________ *Signature_________________________________________________________________ Title _______________________________ *Print Name: ______________________________________________ Date: ________ / ________ / 2008 Account Executive Signature______________________________________________________________________ *The individual executing this Agreement represents that she or he is authorized to bind Advertiser on whose behalf advertising is run.
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