Caprock Patriot Terms & Conditions
STANDARD TERMS AND CONDITIONS ADVERTISING TERMS
The initial term of this Agreement shall commence on the Effective Date and expire on the date specified in the sign Advertising Agreement (the “Initial Term”). Annual volume contracts and frequency contracts of twelve (12) weeks or more, shall automatically renew upon their expiration for a period equal to their Initial Term (the “Renewal Term”), unless either party gives written notice of its intent not to renew thirty (30) days prior to the expiration of the Term, as defined below or prior to a rate revisions set forth under paragraph 4. The Initial Term and the Renewal Term shall be collectively referred to herein as the “Term”.
If the Advertiser fails to purchase its minimum contracted amounts for any reason, either during the term or because the contract is terminated early for any reason, the published open rate for the advertising space actually used will apply (short rates). For the purpose of calculating contract fulfillment and short rates, the contracted volume will be rerated based on the level of the contract fulfilled. Contracts will not be eligible for rebates; however, contracts may be short rated. Distribution of pre-printed inserts may be applied to and credited against the Advertiser’s minimum contracted inches. Such credit will be calculated by diving the total cost of the pre-printed inserts by the contract column inch rate paid; resulting in the total number of inches to be so credit.
The Company reserves the right to revise the Advertising Rate Schedule at any time upon thirty (30) days written notice to the Advertiser (the “Revised Rate Schedule”). The Advertiser may, without penalty, cancel this Agreement at any time within seven days after the effective date of the Revised Rate Schedule (“Termination Period”), provided that, the Advertiser gives the Company thirty (30) days written notice prior to the expiration of the Termination Period. The Advertiser acknowledges and agrees that failure to provide timely notice will constitute acceptance of the Revised Rate Schedule. Termination under this paragraph 4 will not release the Advertiser from any payment obligations incurred prior to the effective termination date.
All advertisements are accepted and published entirely on the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof, and it is neither unlawful nor violates the rights of any person. In consideration of the publication of advertisements, the Advertiser will indemnify and hold the Company harmless from and against any loss or expense arising out of the publication of such advertisements, including without limitation those resulting from claims or suits for libel, violation of right of privacy, plagiarism or copyright infringement. The Company reserves the right to edit, reject or cancel any advertising, at any time, without notice as to comply with applicable federal, state and/or local advertising laws.
The Advertiser shall make payment by end of billing period indicated on the Company’s statement (the “Due Date”). In the event the Advertiser fails to make payment by the Due Date, the Company may reject advertising services provided under this Agreement and/or immediately terminate this Agreement. The Advertiser agrees to indemnify the Company for all expenses, including, court costs and reasonable attorney’s fees, incurred in connection with the collection of outstanding balances under this Agreement. If this Agreement is terminated by the Company due to the Advertiser’s failure to make timely payments, the Company will rebill the Advertiser for the outstanding balance due at the then current short rates.
The Advertiser further agrees to pay a finance charge equal to the lesser of: 1.5% per month or the maximum permitted by law, on any outstanding balances under this Agreement. The Advertiser shall be responsible for all costs of collection including attorneys fees incurred by the Company in collection amounts due hereunder.
This Agreement cannot be invalidated for and the Company shall not be in breach hereunder for nor be liable for damages in connection with typographical errors, incorrect insertions or omissions in advertising published. In such event the Company agrees to run corrective advertisement or credit the Advertiser for that portion of the first insertion which may have been rendered valueless by such typographical error, wrong insertion or omission not the fault of the Advertiser. If the advertisement is ordered for more than one insertion, the Advertiser shall notify the Company of such error in time for correction before the second insertion. The foregoing shall be the Advertiser’s sole and exclusive claim for such liability and must be submitted to the Company within fifteen (15) days after the first publication. The Company shall not be liable to the Advertiser for any loss that results from the incorrect publication of its advertisements, including, without limitation, indirect, incidental or consequential damages. The Advertiser agrees to furnish all advertising copy, complete, to the Company by the deadline schedule as now or hereafter established by the Company, and in case of copy furnished after such hour and accepted by the Company, to waive the right to have proof submitted and to assume responsibility for all errors in such late copy. The Advertiser agrees to assume responsibility to all errors in copy proof-read by the Advertiser where the advertisements printed correspond to the returned proof. A composition charge will be made when the Advertiser cancels any advertisement that ha been set for publication. The Company reserves the right to reject any advertising for any reason. The Company shall not be liable for any damages for failure to fulfill an order for any reason whatsoever including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances beyond its control. In such event, the Advertiser’s sole remedies shall be as set forth above. The Company is not responsible for art work and/or printing material left at its offices over ten (10) days after publication.
If the Advertiser utilizes an agency, the Advertiser and the Agency shall be jointly and severally liable for payment and for compliance with all of the terms of this Agreement.
The Advertiser agrees to hold harmless and indemnify the Company from all damages, costs and expenses, of any nature whatsoever, for which the Company may become liable by reason of its publication of the Advertiser’s advertising.
All advertising copy which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of the Company, including the right of copyright therein. The Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or in part, or any such advertising copy for use in any other medium without the express written consent of the Company.
In the event that any federal, state or local taxes are imposed on the printing of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by the Advertiser.
This Agreement may not be assigned or transferred by the Advertiser and must be signed by both the Agency and the Advertiser, if Advertiser utilizes an agency.
Any advertising that may be mistaken by a reader as news, feature, or other non-advertising content will be clearly marked as “Advertisement”.
All terms and conditions on the then current [newspaper] rate cards shall apply to this contract. In the event of a conflict between this Agreement and the rate cards, this contract shall control.