HomeMy WebLinkAbout2019-168 Contract Rosebud Media rosebud
MEDIA
ANNUAL DOLLAR VOLUME CONTRACT
Advertiser: City of Ashland Account#: 300
Address: 20 E MAIN ST Phone#: (541)488-6002
�r Email: (��fl y Gi-1iy ,e QShla k.or.uS Website: www.ashland.or.us
Initials DV Level DV Discount DV Level Initials DV Level DV Discount DV Level
number number
1 34.0% $ 2,000 7 42.0% $ 15,000
2 35.5% $ 3,500 8 43.0% $ 18,500
3 36.0% $ 4,500 9 44.0% $ 22,500
4 37.5% $ 6,500 10 46.0% $ 37,000
5 38.5% $ 8,500 11 49.0% $ 62,000
6 40.0% $ 11,500 12 50.5% $ 87,000
For current rate tables and performance levels please refer to the applicable rate card.
Combination Insertion Discounts
The combination rate will apply to each ad repeated without copy and/or artwork change within six issues of the original publication date.First
combination is equivalent to a 25%discount.Second through sixth combination is equivalent to a 35%discount.These discounts are applied to the
specific repeat publication date rate(i.e.daily or Friday/Sunday). Combination insertion discounts are available to contract advertisers only.(Retail
and Classified).
Expenditures with the Mail Tribune and the Ashland Tidings for advertising services,including space,color,digital and preprinted inserts will count
towards fulfillment of this agreement. Southern Oregon Local Deals and Direct Mail postage are the only exceptions of advertising not fulfilling
your advertising agreement.
Selected categories of advertising or other advertising services are billed at separate rates. While expenditures for most services will be counted
for fulfillment of this agreement,different rates or discounts may apply. The dollar volume discounts above are applied to open retail,classified
and color advertising rates only.
Commissions,Payments and Credits
•Local contract rates are not commissionable.For commissionable rates refer to the National Rate Card.
•Display ads are charged,as they appear on printed pages to the nearest half-inch of depth.
•Rates are based on normal composition requirements.Additional charges must be made for specially designed or complex typography,for more
than one camera reproduction or for excessive revisions of original copy after ad has been composed.
•New advertisers are welcome on a prepaid basis until credit,if requested,has been established by the business office.An advertiser whose yi
account is in arrears may be denied service until the balance has been paid.
Rosebud Media LLC can adjust your rate anytime during your contract agreement. If your advertising expenditures have exceeded your contract
agreement and reached the next contract level,the following month you will automatically be billed at a greater dollar volume discount level and
reap the benefits of lower cost advertising. In addition,if during the course of your contract period it appears that you will not fulfill your
commitment the newspaper will adjust the rate to the appropriate contract level. It is further agreed that if for any reason this contract is canceled
by the undersigned advertiser,the undersigned advertiser agrees to pay at once the difference between the rates under contract and the earned
rate.
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General Policies
•Rosebud Media LLC appreciates the opportunity to serve advertisers.We recognize our responsibility to publish a quality newspaper,pledged to the best interest of all our readers.
•All advertising copy must be in good taste.The right to reject or edit advertising copy is reserved by Rosebud Media LLC.
•Advertisement is most productive when it is easily understood by everyone.Please spell out all words,with the exception of a few standard abbreviations listed in most dictionaries.
By signing you agree to receive faxes and/or emails from our organization.
I. Prepayment for advertising does not guarantee publication.The Company reserves the right to change or adjust its advertising rates upon thirty days'notice to Advertiser.
2. The Company reserves the right in its sole discretion to reject,edit,reduce,classify or cancel any advertising(including any text,graphics,photographs or other elements relating thereto)
submitted by Advertiser.The Company shall not be responsible for any error,omission or inaccuracy in any materials,copy or camera-ready materials submitted by Advertiser to
Company under this Agreement.Regulations require that recruitment advertising must clearly state the nature of the work;Recruitment ads must state nature of the item or service to be
sold and the basis of compensation.No estimate of earnings may be made in any sales help ad unless copy states,"guaranteed."
3. The Company shall charge a surcharge for any cancellation of any order for advertising after the publishing deadline or closing date of its Publication.
4. The Company shall determine the position and classification of advertising in its sole discretion.Advertiser shall not be entitled to require specific positioning of advertising in a section
without a guaranteed position charge of 25%placement premium per ad,per Publication.The Company shall not accept insertion orders with the condition"position or omit,"or any other
disclaimers or conditions whatsoever.Compensatory billing adjustments will not be made based on non-guaranteed position requests.
5. This Agreement shall not be void or invalid for typographical errors,incorrect location,or omissions in advertising published.The Company assumes no responsibility for such errors,
except to the extent of reprinting that part of the advertising that was omitted in error.Customer shall notify Company of any such errors or omissions not later than two(2)days from the
date of Publication otherwise the published advertising shall he deemed final and not subject to correction.
6. The Advertiser agrees to protect and indemnify Rosebud Media LLC against any and all liability,loss or expense arising from claims for libel,unfair competition,unfair trade practices,
infringement of trademarks,trade names or patents,violations of rights resulting from the publication by the Mail Tribune of the Advertiser's advertisement.
1. Advertiser represents and warrants:that it has all right,title and interest to enter into this Agreement and to perform its obligations hereunder;that it owns or has sufficient license to
use all materials and elements contained in the advertising(including but no limited to text,graphics,photographs and designs);and that the advertising is in compliance with all
applicable laws,rules and regulations.
B. If Advertiser uses the services of an advertising agency to purchase advertising hereunder,the agency shall be jointly and severally liable for all obligations of Advertiser hereunder.
9. Advertising that is designed to appear as editorial copy or matter must be clearly marked"Advertisement."Font most be different from news font.
10. Advertiser shall indemnify and hold harmless the Company,its affiliates and their respective directors,officers,employees,and agents and representatives(collectively,"Indemnities")
from and against any cost,liability,claim or expense(including reasonable attorney fees)relating to any breach of any representation or warranty contained in this Agreement,or by
reason of Company's Publication or omission of Advertiser's advertising.
I1. All local contract rates are Net. Advertiser shall pay all amounts due and payable hereunder 30 days from the date of statement. Any late payment shall accrue interest at a rate of 1.5%
per month(18%per annum),or the highest rate permitted by law,until such amount is paid in full,including accrued interest.
12. The Company shall own and retain all right,title and interest,including the copyright,in and to any advertising copy or materials that are created by the Company.Customer shall not
authorize photographic or other reproduction,in whole or in part,of any such advertising copy for use in any other publication or medium of expression without the express prior written
consent of the Company.
13. In the event that any federal,state or local taxes are or become imposed on the printing,sale or publication of advertising material,Customer shall assume the responsibility to pay
and/or reimburse Company for such taxes.
14. THE COMPANY MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PUBLICATION
OF CUSTOMER'S ADVERTISING.THE LIABILITY OF COMPANY TO ADVERTISER HEREUNDER SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT PAID FOR ADVERTISING PURSUANT TO THIS
AGREEMENT.
15. Customer shall not disclose,and shall keep confidential the terms and conditions of this agreement and any non-public information of Company that it learns or obtains under this
agreement.Confidential Information shall not include information that is,or through no action of Customer becomes,in the public domain,or information that is required to be disclosed by
the order of a court with competent jurisdiction.
16. Customer shall not assign or transfer it rights,duties and obligations under this Agreement without the express written permission of the Company.This Agreement pertains solely to
advertising placed expressly by Advertiser and Advertiser may not re-sell,"sublet"or assign advertising space to any third party.
17. The provisions regarding indemnification,limitations of liability,and confidentiality shall survive the termination or expiration of this Agreement for any reason.
18. The Company shall not be liable far failure to publish any advertising or to furnish space for any advertising due to cause,event or circumstance that is beyond the Company's control,
including but not limited to strikes,labor disputes,acts of God,war,insurrection,terrorism,earthquake,flood,fire or breakdown in the Company's production equipment.
19. Customer represents and warrants that all representations,warranties,recitals,statements and information provided to Company under this Agreement are true,correct and accurate as
of the date of this Agreement.
20. This Agreement will be governed and construed in accordance with the laws of the State of Oregon only applicable to contracts wholly made and wholly performed in the State of Oregon
without giving effect to its conflict of laws principles.
I,the undersigned,acknowledge responsibility for charges to the above account and promise to pay within our net 30,EOM terms and credit
policies set by Rosebud Media. I also agree that should Rosebud Media institute collection on this account,I will pay reasonable attorney fees and
costs incurred in the pursuit of collection including court costs. I agree to expend the annual dollar amount as initialed above,level 16 . Rates
may change upon 30 days notice.
Today's Date:06/20/1 9 Contract Start Date: 06/20/19 Contract End Date: 06/20/20
*Advertiser Signature: /'- Z • Print Name: Z.14.,,-, /4,r ij•
Advertiser Title: 'Z -/,. C-
i�„ .�17/vvr,.,:i7Yu ,— Account Name: City of Ashland
Rosebud Media Account Representative: Max Goldman Adv.Mgr. Bill Krumpeck Date: 06/20/19
Advertising Director: Gail Whiting Date:
Revised 1/10/19
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