1. All advertising is subject to Publishers' approval.
2. All new contract advertisers must pay for advertisements in advance until which time credit may be extended upon submission and approval of a completed credit application form. After credit has been established, all invoices are due and payable upon terms granted.
3. An interest charge of 1 1/2% per month will be added to accounts not paid within respective terms.
4. Advertiser agrees to pay a service charge of $20.00 or 5% or the face amount of each check, whichever is greater, for all protested checks returned by advertiserÕs bank.
5. Failure by Publisher to insert an advertisement in any particular issue or issues invalidates the order for the insertion in the missed issue(s) but shall not constitute a breach of contract.
6. Publisher shall not be responsible for typographical errors. However, at its sole discretion, Publisher may reduce the charge for such portion of an advertisement as may have been rendered useless by such typographical errors. In any event, no responsibility is assumed for more than one incorrect insertion of any advertisement.
7. Any ads published will be assumed correct and payable in full. Any objections made by Advertiser must be resolved (as provided for in paragraph 6 of this agreement) within 21 days from the date of publication at which time credit if any will be issued to the Advertiser's account.
8. In the event of cancellation of space reserved that occurs after the deadline, Advertiser will be charged a cancellation fee of 50% of the cost of the advertisement reserved.
9. No advertisement designed by Publisher may be reprinted in whole or in part without written permission from the publisher and payment of a copyright fee as negotiated with permission.
10. The rates agreed to on the face side of this agreement shall apply only if this agreement is fully performed according to its terms. If advertiser cancels this agreement for any reason other than a rate increase as provided for in paragraph 14 hereof or if Publisher cancels this agreement for any of the reasons set forth in paragraph 12 hereof, Advertiser shall pay for all advertising from date of this agreement to date of cancellation at the current rate applicable to insertions completed.
11. Any bills rendered to Advertiser by Publisher shall be conclusively correct and shall constitute an account stated unless written objection is made thereto by Advertiser within thirty (30) days from the date of billing.
12. Advertiser agrees to pay all costs, including reasonable attorneys fees, associated with collection of monies due from Advertiser and/or any dispute arising out of this agreement whether or not suit is instituted.
13. Advertiser represents to Publisher that none of the advertising copy submitted by it to Publisher shall give rise to a claim by a third party for fraud, misrepresentation, defamation, trade disparagement, invasion of privacy or infringement of any copyright trademark or trade name thereinafter "Third Party Claims" and agrees to defend, reimburse, pay, indemnify, and save and hold Publisher and its Agent and Assigns harmless from any liability loss, damages, judgment or claim or any and all cost and expenses (including without limitation attorneys fees and costs) incurred by them in connection with any action, suit claim or proceeding in whatever nature threatened or brought against them arising from any advertisement published by Publisher for Advertiser pursuant to this agreement, including without limitation Third Party Claims.
14. Publisher reserves the right to change the rates agreed to herein at any time provided, however, that if Publisher increases advertising rates during the term of this agreement, Advertiser has the right to cancel this agreement without short rate penalty charge within five (5) days of the date on which higher rates applicable to Advertiser are made effective by Publisher.
15. If this agreement is signed by an advertising agency for Advertiser, said agency represents and warrants that it is authorized to sign the agreement for its client involved, it being understood that the client benefiting by any advertising ordered by the agency is liable for payment therefore jointly and severally with the agency.
16. Advertiser agrees that in the event new copy is not supplied before the deadline for next insertion, Publisher has the right to insert the minimum rate holder.
17. This agreement constitutes the entire agreement between the parties, and no verbal agreements or representations changing or supplementing in any matter the Terms and Conditions hereof shall be deemed effective.
