~ Advertising Contract ~
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You may print out this form and mail/fax it; please initial the bottom right-hand corner of each page except the last. mail to: CHOICES, PO Box B, Red Hook, NY 12571 (845) 790-3413 fax (845) 790-3414 This AGREEMENT made this ———— day of ______________________. 200__ , between __________________ ____________________________ , (hereinafter referred to as “Advertiser”) of (City/State) _____________________ _________ and Betty Chypre, publisher of Art & Craft Show Yellow Pages, (hereinafter referred to as “Publisher”), mailing address: Red Hook, New York. This contract for an advertising order(s) is made and accepted subject to the following specifications, terms and conditions:
Deadlines are: February 20, May 20, August 20, and November 20 for mailing the following month. Premium Positions @ Earned Rate plus 20%
Production Services
If camera-ready copy is not provided , most layout will cost a mimimum of $20; scanning logos or graphics take more time, in which case there will be an additional $7 charge. Art & Craft Show Yellow Pages™is a black and white publication. Spot color is available by special arrangement.Charges: $ ____________ (gross) at the ____________________ rate, less 15% agency commission (if applicable) $_____________, equals total due $ ______________ plus production charges, if applicable, to be determined. Terms & Conditions 1. Advertiser agrees to the rates set forth in the current rate card, which is incorporated herein by reference. All ads scheduled which are subsequently canceled by the advertiser, will be short-rated. Advertiser further agrees to send payment with advertising order and contract unless he wants Art & Craft Show Yellow Pages™ to create ad layout and design, in which case production costs over $20.00, if incurred, will be billed. (Advertiser will include $20 in the accompanying ad payment.) 2. Advertiser agrees it will be subject to the new rates then in effect. 3. Advertiser acknowledges that Publisher reserves the right to place an advertisement wherever Art & Craft Show Yellow Pages™ deems appropriate; unless otherwise agreed upon. 4. Publisher is not responsible for any loss or damage to any material of the Advertiser while such material is in transit, or in the possession of the Publisher. 5. Advertiser (and its agency, if any), is solely responsible for and assumes full liability for the contents of its advertisement. Advertiser (and its agency, if any), warrants and represents that nothing contained in its advertising material infringes upon, in whole or in part, any copyright, trademark or right of privacy of any third person, firm or corporation. In the event of claims for unfair competition or copyright infringement, Advertiser will hold publisher harmless and indemnify for all legal costs. 6. Advertiser (and its agency, if any), represents that it is authorized to publish the entire contents and subject matter of the advertisement covered by this contract. In consideration of Publisher’s acceptance of such advertisement for publication, Advertiser (and its agency) shall indemnify and hold harmless the Publisher against loss or expense resulting from any claims, actions or proceedings based on the contents or subject matter of such advertisement, without limitation on such indemnities. 7. Advertiser recognizes that the quality of reproduction of an advertisement is largely dependent on the quality of the material furnished by the Advertiser to the Publisher, including, and without limitation, the quality of the graphics, copy, type, etc. 8. Advertiser recognizes and agrees that the Publisher shall not be liable for: a) delays in publication of the newsletter b) failure to publish the newsletter; c) defects in quality (i.e. errors or omissions)* where such defects are not solely the fault of Publisher; but, where they are, the Publisher’s liability in no event shall be more than: 1. returning all or a portion of the fee for the defective advertising; or 2. running a replacement advertisement (or comparable); or running another ad at a reasonable discount, which discount shall be proportionate to the degree of error or extent of the defect; *(Note: Defects in quality (or errors and omissions) are subjective in nature .. As a general rule, if the printed matter in the ad is legible, and/or the name, address and telephone number of the Advertiser are legible, and if the reproductive quality of the advertisement falls within the margins of error allowed within the publishing industry, the advertisement shall not be considered defective. Allowances for defects in quality shall be at the sole discretion of the Publisher.) d) suspension for the publication by the Publisher, ( in which case advertiser may expect a full refund.) e) distribution or deadline changes. f) claims for defamation of character or libel. Advertiser will hold Publisher harmless and indemnify the Publisher for any and all costs of the claims. 9. The Publisher, in its sole discretion, may accept or reject all materials submitted for advertising. Publisher reserves the right to refuse to publish any material not in keeping with the style and standards of Art & Craft Show Yellow Pages' editorial philosophy and format. If any advertising is not acceptable to Art & Craft Show Yellow Pages, the Publisher may either: 1. refuse to accept the advertising submitted; or 2. require, as a condition to publication, modifications that meet the style and standards acceptable to Art & Craft Show Yellow Pages. The Publisher’s decision in these matters is final, binding and not subject to appeal. 10. All cancellations of multiple-issue advertisements must be in writing and received by Art & Craft Show Yellow Pages, no later than the 20th of the month prior to the date of issue. Changes in copy may be made up to the closing date; but all changes must be in writing . 11. Advertisers will be responsible for charges for additional prep or production work required to publish the ad. 12. Advertiser, and its agency, if any, are jointly and severally liable for all monies due for ads placed or contracted for in accordance with the Agreement. 13. Advertiser may not assign this Agreement in whole or in part without the prior written consent of the Publisher. 14. In the event that an action, suit or legal proceedings are initiated or brought to enforce any or all of the provisions of this Agreement, or to collect any monies due under this Agreement, the Publisher shall be entitled to such attorneys fees, costs and disbursements as are deemed reasonable and proper. Publisher’s entitlement to reasonable attorneys fees and costs also applies to any appellate proceedings. 15. This document constitutes the entire Agreement between the parties and supersedes all prior Agreements, understandings and proposals (whether written or oral) with respect to matters covered herein. No changes, modifications, alterations or amendments shall be effective unless made in writing by the parties with the same formality as the Agreement. 16. This Agreement shall be deemed executed in the State of California, and shall be interpreted and construed in accordance with the laws of the State of California relating to contracts made and performed therein. Venue shall be proper only in the County of Solano, State of California. 17. Discounts for multiple-issue advertising as stated on the Rate Sheet are for pre-paid, contracted display ads. For advertising that is not prepaid, but paid for as each issue is published, the maximum discount for one year will be 6% of the last three issues. 18. No waiver by the Publisher of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or fault or in any way affect any of the terms and conditions of this Agreement. BY: _____________________________________________ (Sign on line, print name of authorized officer/agent below) BY: ______________________________________________(Betty Chypre)
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