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HomeMy WebLinkAbout2005-246 Contract - Mail Tribune Mail Tribune Acct: ~l ~qJ~ Acct: Serving"Southern Oregon and Northern California P.O. Box 1108 Medford, Oregon 97501 ~ Classified Advertising Contract Ae:reement )S5Z-:2lb ( Fax ( Phone ( )iE~-5311 Date Advertiser Business Location City/State_ Zip Billing Address _ City/State_ Zip Yau are hereby authorized to publish for the undersigned in the Mail Tribune, classified advertising as follows: Effective date ~;;./ ac:;- Through (p! 2/ /C1.tl. o Annual 026 Week 0 13 Wee~. Minimum Total Pet Line/Inch Dailv Fri.!Sun. A La Carte* 0 Daily Frequency / $- $ $ (13 or 26 week contract. available) 0 Week Frequency / $- $ $ (13 or 26 week c<mtracts available) 0 Monthly Frequency / $. $ $ (AnnUllI only) " " II ~. Annual Bulk Contract [33 ~I 81# $. I~.w $JZiO $ 5.UJ (Annual only) ORlItes good thru 12/31100 The above rates apply to classified advertising and not to individual sections or advertising carrying 21 special rate. 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 open rate. Such payments will be made on all space used under this agreement It is further agreed that if, in accordance with the table of rates, a sufficient number of inches to earn a lower rate are used during the life orUte contract, The Mail Tribune agrees to give a credit to the next rate level. This publisher reserves the right to revise the rate at any time on thirty (30) days written notice, reserving to the Advertiser the right to cancel their contract without penalty on the date the new rate becomes effective. I, the undersigned, acknowledge responsibility for charges to the above account and promise to pay within our net 10, EOM terms and credit policies set by The Mail Tribune. I also agree that should the Mail Tribune institutes collection on thi:~ account, I will pay reasonable attorney fees and cqstSI~in"'rred in tt;}u~u~t of oollection iOdUdin~ts, j/i ~ () ~-J5-tJ5 Mail Tribune Name f A( Date Sllgned Account Repre,",otative ~ Mail Tribune DirectorlMgr. Business Owner/Authorized Re esentative zoo~ Pj( ~\ISILHHAav H\DSIHL lIVK 69~t 9LL ItS I XVd EP:91 NOW SO/EI/90 To9fJ~i ~ '-i 88 -53/'---~-- Fr~n_l~ \IVENDY OBIE Phone: ::,C: 1- ?~6-'d65 F (]."f:- ;'141-775-4:i65 ~age~~ 2:> ErnClil: vvobie @naj1tribur:8.ccm ?/; k~ - t~-tzt r ~~ ~ d1l'~ (] ~cfJv~~~ ~Q IOO~ ~NISILH3Aav 3N~BIHL lIVW 69~v 9LL IvS I XVd Z~:9I NOW SO/CI/90 Rz.:.as ~.nd Per:'ormance levels For current rale !ables and pertormance levels please refer me to the applicable rate card. llnaqe Performance ,i) Contract The Mail Trihune provides discount packages lor repeat advertising (see Combination Insertion Discount on the rate card) within six issues of the original publication date. The advertiser is credited linage perlormance to contract fulfillment in the following manner: Daily or Friday/Sundav publications: if the onglOal ad is 10 inches the repeat ad would be credited toward contractlulfillment, first combination discount at 7.S inches, second combination discount at 6.5 inches. A La Carte (Non-SUbscriber) Publication: Display advertiSing placed ifl the A La Carte (Non-SUbSCriber) publication would be credited linage to contract fulfillment ifl the following manner: It the original ad is 10 iflches, the A La Carte ad would be credited towards contract fulfillment 01 one third 113 at 3.3 inches. Commissions, Payments and Credits . Local contract rates are not commission db Ie. For cornmlssionable 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 lor specially designed or complex typography, for more thafl one camera reproduction or for excessive revisions or original copy after ad has been composed . Rates are Net and offered on the basis of full payment by ttle 10~ day of the calendar month follOWing publication. Contract rates are based on conditions noted in the signed agreement. . New advertisers are welcome on a prepaid basis until credit, if requested, has been established by the business office. An advertiser whose account is in arrears may be denied service until the balance has been paid. Combination Insertion Discounts The combination rate will apply to each ad repeated without copy and/or artwork change within ~;ix issues of the original publication date. First combination is equivalent to a 25% discount. Second 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 insertiofl discounts are available to contract advertisers only. (Retail, classified, Color, or Showcase). General Rate Policies . The Mail Tribune appreciates the opportunity to serve actvertisers. We recognize our responsibility to publish a quality newspaper, pledged to the best interest of all our readers. . All advertising copy must be ifl good taste. The right to reject or edit advertising copy is reserved by the Mail TriblJne. . Advertisement is most productive when it is easily uflderstood by everyone. Please spell oul all words, with the exception of a few standard abbreviations listed ifl most dictionaries. ,. Prepayment for advertising does not guarantee publication. The Cornpany reserves the right to change or adjust its advertisiflg rates upon ::hirty days' flotice to Advertiser. 2. The Company reserves the right in its sole discretion to reject, edit, reduca, classify or cancel aflY 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 aflY materials, copy or camera-ready materials submit1ed by Advertiser to Company under this Agreement. Regulations require that recruitment advertising must clearly state the nature 01 the work; Recruitment ads must state nature of the item or service to be sold and the basis of compensalion. 11I0 estimale of earnings may be made in any sales help ad unless oopy states, "guaranteed." 3. The Company shall charge a surcharge for any cancellation 01 any order for advertising after the publishing deadline or closing elate of its Publication. 4. The Company shall determine the position and classificalion of advertising in Its sole discretion. Advertiser shall not be entitled to require specific positioning of advertising in a seclion without a guaranteed position charge of 25% placement premium per ad, per Publication. The Company shall not accept insertion orders with the conditiOfl "position or omit," or any other disclaimers or conditiofls whatsoever. Compensatory billing adjustments will nQ! be made based on non-guaranteed pos,tion requests. 5. This Agreement shall not be void or iflvalid for typographical errors, incorrect location, or omissions in advertising published. The Company assumes no responsibility tor such errors, except to the extent of reprinting that part of the advertising that was ornit1ed in error. Customer shall notify Company of any such errors or omissions not later than two (2) days from the date of Publicalion otherwise the published advertising shall be deemed final amI not subject to correction. 6. The Advertiser agrees to protect anel indemnify the Mail Tribune 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 Acvertiser's advertisement. 7. Advertiser represents and warrants: that il has all right, tille afld interest to enl'9r into this Agreement and to perform its obligations hereunder; that it OWflS or has sufficient license to use all materials and elements contained in the advertising (including but no limited to text, graphics, photographs and designs): a 1d that the advertising is in compliance with all applicable laws, rules and regulations. 8. It Advertiser uses Ihe services of an advertising agency to purchase advertising hereunder, lhe aglmcy 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 clea,riy marked "Advartisement." Font must be different from news font. , O. Advertiser shall indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, and agents and r,epresentatives (collectively, "Indemnities") from afld against any cost, liability, claim or expense (includiflg reasonable attomey fees) relatiflg to aflY breach of any represEmtation or warranty contained in this Agreement, or by reasen ot Company's Publication or omission of Advertiser's advertising. 11. Advertiser shall pay all amounts due and payable hereunder within 30 days' receipt at an invoice fr':lm Company or [within 30 days of the datle indicated on the Company's billing statement;. Any late payment shall accrue interest at a rate of 1.5% per montr (18% per annuml, or the highest rate permitted by law, until such amount is paid ifl fulr, including accrued interest. 12. The Company shall own and retain all right. title afld 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 01 expression without the express prior writ1en consent of the Company. 13. In the event that any federal, state or local takes are Of become imposed on thH printing, sale or pul~lication of advertising material, Customer shall assume the responsibility to pay and/or reimburse Company tor such taxes. 14. THE COMPANY MAKES NO EXPRESS WARRANTIES AND DISCLAltvlS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PUBLICATION OF CUSTOMER'S ADVE:RTISING. 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 uflder this agreement Confidential Information shall not include information that is, 01 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 nat re-~:ell, "sublef Of assigl1 advertising space to any third party. 17. The provisions regarding ifldemnification, limitations 01 liability, and confidential ty shall survive the termination or expiration of this Agreement for aflY reason. 18. The Company shall not be liable for failure to publ.ish any advertising or to furnish space for any advertising due to cause, event or circumstance that is beyond the Company's control, IOcludlng but not hmlteel to strikes, labor disputes, acts of God, war, insurrection, terrorism, E!arlhquake, flood, fire or breakdown in the Company's production equipment. 19. Customer represents and warrants that all representations, warranties. r(ecilals, statements and infoflOation provided to Company under this JI,greement are true, correct and accurate as of the date of this Agreement 20. This Agreement will be govemed and construed in accordance wi:h the laws of ':he Slate or Oregon only applicable to contracts wholly made and wholly pertormed in tha State of Oregon without giving effect to its conflict 01 laws principles. CJ2bt Glient initials (p.::1~11Iilte !.OO~ ~NISIHI3AaV 3Nl18.HLL lIVI~ li9!.t 9LL ~;l- ItS 1 XV.':!. 1.17: 91 NOI~ so/n/90