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HomeMy WebLinkAbout01- Advertising Agreement with Chronicle for 8-01 to 7-02 ,i " - Boze;'~I~ C,hron i cI e - - P.O. Box 1188 . l'O"""Tlon, MT _ 59771 406587-4491 f"x 406-587-7995 hffp:/ /www.nornontOr1(l Corn Advertising Agreement The Bozeman Daily Chronicle and the undersigned advertiser agree that the Bozeman Daily Chronicle shall provide and the advertiser shall purchase advertising space in the Bozeman Daily Chronicle under this agreement: I. The term of this contract shall be twelve (12) months commencing August 1,2001 and cnding July 31, 2002 unless sooner terminated as stated in the terms and conditions of this contract. 2. The advertiser agrees to meet the annual dollar volume commitment of $32,500 - 44,999. Contract amounts may be used in any combination of retail display or commercial classified with all charges applying to the dollar volume. 3. All display advertising purchased during this period wiII be billed at the end of each calendar month at a net rate of $9. 62 per column inch for Monday-Saturday and $10.10 for Sunday. This is a noncommissionable net rate. The preprinted insert discount at the contract level statcd in Paragraph 2 is 7% as stated in the rate card in effcct. Your month-cnd advcrtising statcment will show the current status of your contract, i.e. amount used to date and amount Icft to use. 4. It is expressly undcrstood that the reduced rate at which advertising is sold under this agreement is based upon the commitment stated. If advertiser fails to use the minimum dollar volume amount contracted for, the advertiser will be obligated to pay a "short rate" to bc charged thc month following the end of the contract term. The short rate is a rebilling calculation of the advertising actually published, multiplied by the difference of the contracted rate and the actual rate e<UTIed. Advertisers who exceed their contract to the next higher level are entitled to a rebate credit that may be used for the purchase of color or ROP advertising in the Bozeman Daily Chronicle, or the Bozeman Daily Chronicle TMC, The Penny Pincher. This rebate is limited to not more than two contracts levels and will be calculated using the same formula as the short rate. Advertisers may sign up for a larger contract level within the first 6 months of their contract and will be extended the rate from the original rate card for the remainder of their contract year. 5. If the advertiser fails to pay any amount hereunder, the Bozeman Daily Chronicle may terminate this contract without notice to Advertiser. In the event of termination, the advertiser shall pay for the advertising to date of termination at the rates set forth in Paragraph 4. 6. Advertiser's business location: 411 East Main Street, Bozeman, MT 59715 Advertiser's billing address: PO Box 640, Bozeman, MT 59771-0640 7. All advertising shall be placed by the advertiser acting through his/her represenalive. FOR COMPLETE TERMS AND CONDITIONS OF THIS CONTRACT, PLEASE SEE REVERSE SIDE. PLEASE DO NOT WRITE IN THIS SPACE ADVERTISER: CITY OF BOZEMAN OFFICE USE ONLY o Corporation U Partnership 0 Sole Proprietorship Signed by ,lJ1.~_ .9t?'1-tU..-A'~ . Date received in Bozeman, Montana: (Type/print name) }1..( I r~t f G -1 ~ /' d Ii T Contract negotiated for the Bozeman Daily Chronicle o President 0 Partner 0 Owner 0 Manager i:l Gov it By signing this contract, the advertiser understands By Vivie Portnell (Account Executive) the terms and conditions on the reverse side of this contract and agrees to be bound by them. Contract accepted for the Bozeman Daily Chronicle Date /?>r~/-C/ By (Advertising Director signature) ***Advertiser: Pleasc sign and return both copies for Advertising Director's signature. The original copy will be returned to you_ . ... TERMS AND CONDITIONS Changing or Rejecting Copy. On occasion, to maintain the quality of the newspaper it may be necessary or appropriate for the newspaper in its discretion to change or reject advertising copy, with or without the advertiser's approval. In this event, the newspaper will contact the advertiser to inform the advertiser that this has occurred. The newspaper may charge the advertiser a reasonable amount for any requested changes which the newspaper deems as excessive. The newspaper has the right to place the designation "Advertisement" above any advertisement. Errors. Although every effort will be made to insure that advertisemcnts run without error, sometimes mistakes will occur. If a significant error happens and it is the fault of the newspaper, the newspaper is only liable for the actual cost of the advertising space, and not for any other damages. If the advertiser requests it, the newspaper gladly will provide a letter of correction. If the advertiser believes that there is a error in the invoice or in the advertising reflected on the invoice, please notify thc newspaper in writing within thirty days of the date of the invoice. If the newspaper is not notified of an error within thirty days, the invoice and the advertising reflected on the invoice wiII be considered to be correct. Indemnification. In the event that a claim, charge or cause of action is brought against the newspapcr based on the content of an advertisement, the advertiser and / or its agency or representative firm agree to indemnify and hold the newspaper harmless from all liabilities, costs and expenses resulting from the advertisement. Position. The newspaper will attempt to accommodate requests by the advertiser for certain positions in the newspaper. Depending on the request, there will be a charge for this guaranteed position. However, if there is no position guaranteed the newspaper has discretion as to thc placement of all advertising. Intellectual Property Rights. The newspaper retains all of the intellectual property rights to an advertisement produced by the newspaper for the advertiser, and the advertiser agrees that such advertising may not be reproduced without the express written consent of the newspaper. Advertiser and Agency Joint and Several Liability. If an advertiser uses an agency or representative firm to place advertising, the advertiser and the agency or rep firm shall bc jointly and severally liable for complying with all of these Terms and Conditions, including payment and any service charges. Newspaper's Remedies. At the newspaper's option, the newspaper may terminate any obligation owed to the advertiscr, either express or implied, if the advertiser breaches any of these "Terms and Conditions" or the advertiser's payment obligation to the newspaper. If it is necessary for the newspaper to file a lawsuit to enforce any of its rights, including the right to payment, the advertiser will pay to the newspaper the newspaper's attorneys fees and court costs if the newspaper substantially prcvails in the lawsuit. A late payment charge of 1.5% per month, I R% per year, will be added to all accounts thirty days or more past due. Implied Terms. The newspaper and the advertiser agree that there may be other temlS and conditions which apply to mutual obligations which arc not set out in these express "Terms and Conditions." If these "Terms and Conditions" do not cover all of the situations which may arise between the parties, then ncwspaper industry practice will provide these implied terms and conditions. These "'ferms and Conditions" incorporate the provisions of the newspaper's rate card in effect as of the date of the advertising reflected on this invoice, as weIl as all obligations set out in this document. Force Majeure. Neither the advertiser nor the newspaper shall be obligated to abide by these "Terms and Conditions" if the performance, other than thc advertiser's payment obligation, is prevented by fire, flood, labor dispute, or natural conditions beyond the control of the advertiser or newspaper. Entire Agreement. This document and these "Terms and Conditions" shall constitute the entire agreement between the newspaper and the advertiser and there are no other conditions, express or implied. Any changes or additions to these "Terms and Conditions" must be in writing and authorized by both parties. The newspaper will not be bound by any conditions appearing on the advertiser's fOIlTIS which conflict with these "Terms and Conditions." Assignability. None ofthe obligations of the advertiser may be assigned without the written consent of the newspaper. Waiver. The failure of the newspaper to enforce a term or condition, including advertiser's payment obligation, or any delay in taking enforcement or collection action is not a waiver of any rights the newspaper may have. Notice. Any notice to be given to the newspaper or the advertiser shall be hand delivered or sent by United States mail to the address set out in this document.