Net amounts are due ten (10) calendar days after publication date. A 2% finance charge, 24% APR, will be applied to all past due amounts. In the event Advertiser fails to make payment, including incurred finance charges, within ten (10) calendar days after publication, any percentage advertising agency discount will not be given and the Publisher will discontinue all advertising from the Advertiser until payment is received in full. This suspension of advertising does not relieve the Advertiser of its contractual obligations under this contract. A completed and duly signed Agreement guarantees advertising rates for the period identified on page 1. Advertising agency discounts, if approved by Publisher, will be granted only to advertising agencies that are independent of the companies and products/services they represent. Any discount given to Advertiser will be void should Advertiser's account becomes past due, allowing Publisher to collect the full amount of the advertising cost as identified on page 1. By signing this Agreement, advertising agencies assure that they have the right to contractually bind the company being represented and, in the event of default of payment or cancellation, both the advertising agency and the company represented are held liable for the obligations of this Agreement. Advertiser and its agent represent and warrant that they have complete authorization to bind to this agreement, and that they are not insolvent and are fully capable of assuming full payment of this advertising insertion order.
The Publisher reserves the right to cancel this Agreement without cause at anytime in its sole discretion for reasons including, but not limited to, breach of Agreement by the Advertiser. The Advertiser may cancel or change an insertion within this Agreement by providing notice in writing to the Publisher on or prior to the ad space-closing deadline. Any insertions canceled after the ad space-closing deadline will incur the full cost of the insertion. In instances of cancellation after the ad space-closing deadline, the Publisher reserves the right to resell the ad space. The Advertiser is not relieved of any obligations made in the Agreement should the Publisher resell the ad space. Premium positions are contracted for the entire year and are not applicable to standard cancellation policies. Premium positions cannot be canceled.
Agency’s representative represents and warrants that he or she has all necessary authority to enter into this Agreement on behalf of Agency. Agency represents and warrants that it has all necessary authority to enter into this Agreement on behalf of Advertiser. Any obligation of Advertiser pursuant to this Agreement may be satisfied by an advertising agency which has been duly appointed by Advertiser to act on Advertiser’s behalf (the “Agency”) and shall be deemed to be an obligation of Advertiser and the Agency. Additionally, any right of Advertiser pursuant to this Agreement may be exercised by the Agency, and shall be deemed to be a right of Advertiser and the Agency. Collectively, the Advertiser and Agency will be referred to as “Advertiser.” Each shall be jointly and severally liable for the obligations of the other. Agency shall be liable for payment for all advertising placed and invoiced by each Publisher publication in which Agency places an ad, regardless of any contrary language in any past, contemporaneous or future writing, regardless of whether it receives payment from Advertiser, and regardless of whether the identity of the Agency’s client is known to such Publisher publication. Agency will make available to Publisher upon request written confirmation of the relationship between Agency and Advertiser and of Agency’s authorization to act on Advertiser’s behalf in connection with this Agreement. In addition, upon request of Publisher, Agency will confirm whether Advertiser has paid to Agency in advance funds sufficient to make payments pursuant to the Order.
Publisher shall have the right to revise the advertising rates set forth in this Agreement at any time upon notice to Advertiser of such rates. Advertiser may terminate this Agreement on the date the new rates become effective by giving written notice within 30 days of such termination. In the event of such termination, Advertiser shall be liable for Ads published prior to such termination at the Current Agreement Rate. “Current Agreement Rate” is defined as the billing rate in effect at the time of placement. If Publisher is printing the Ad and there is an increase in the cost of paper at any time during the Term of this Agreement, Advertiser understands and agrees that the advertising rates in the Order may be adjusted to reflect that increase automatically upon the effective date of the cost of paper increase. If Publisher is mailing the Ad and the U.S. Postal Service implements a postage cost increase at any time during the Term of this Agreement, Advertiser understands and agrees that the advertising rates set forth in this Agreement shall be adjusted to reflect that increase automatically upon the effective date of the United States Postal Service increase.
All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Advertiser pursuant to this Agreement. Advertiser shall be responsible for all such charges, costs and taxes and all amounts paid and payable by Publisher in discharge of the foregoing taxes. This provision shall survive the termination or expiration of this Agreement.
This Agreement is final to the size, shape, color, and placement set forth above. All changes must be approved by the Publisher by the ad space-closing deadline and a new Agreement must be signed.
All ad material must be provided in electronic formal by the 15th of the month prior to publication.
The Publisher may, at its discretion, require edits or reject any ad submitted by the Advertiser that it deems inappropriate or that is inconsistent with the Publisher's mission and organizational practice. This Agreement cannot be invalidated for typographical errors, or incorrect insertions in Publisher's publications. The Advertiser shall notify the Publisher of such errors immediately. Upon notification, errors will be corrected in the next available placement of the ad that is agreed to and made in this Agreement, provided the production timelines allow for the insertion of the corrected ad material. The Publisher shall not be held liable to the Advertiser for any loss that results from the incorrect publication of the Advertiser's ad.
This Agreement may not be assumed or transferred by the Advertiser.
