Advertising Agreement Terms
PARTIES: This advertising agreement is made by and between the Advertiser as identified on page 1 of the contract next to “Company” (hereinafter referred to as “Advertiser”), and Connection Publishing, headquartered in North Ogden UT (hereinafter referred to as “Publisher”). The business owner in this contract is the advertiser, and Connection Publishing is the publisher.
DESIGN ADS: Connection Publishing will create one free ad for current advertising customers. Design changes will be limited to 3 revisions per new ad. Customers who need extensive revisions or recreations, resulting in more than one hour of design work, will have the option to pay $50 per hour for additional graphic design work.
AD PROOFS: Advertiser will be given a chance to approve a proof of the ad or request specific changes. Advertiser will be given a minimum of 24 hours to review the ad proof and provide any feedback or request changes to the designers at Publisher. If Advertiser fails to provide a response toPublisher within the 24-hour period, the ad proof will be published as is, and Advertiser will be billed as designed in the contract. Publisher is not responsible for errors Advertiser fails to correct on the proof. The ad proof color on emails and lasers is not exact and can vary upon publication. IfAdvertiser is providing the ad, the ad must be submitted to Publisher by the publication deadline. Advertiser will be billed as designated in the contract, even if Advertiser fails to meet the deadline.
APPROPRIATE AD CONTENT: This publication is designed for family use. Because minors will be using and reading the publication, Publisher reserves the right to approve all advertisement content to ensure its suitability for all ages. It is at Publisher’s sole discretion what is and is not acceptable. Publisher will not pay for or be responsible for extra design charges for ads that are deemed inappropriate. Advertiser is responsible for all ad creation costs, including redesigns of inappropriate ads.
RESPONSIBILITY: Publisher has the right to hold the Advertiser and/or its agency or signer, jointly and severally liable for the full amount due on the contract (i.e., payments for advertising space).
DEADLINES FOR ADS AND ARTICLES: Advertiser is responsible to deliver any changes in ads and/or new articles to Publisher by the 12th of the month prior to the month that the ad and/or article is to be published. If the Advertiser fails to deliver the ad and/or article to Publisher by the deadline, Publisher has the right to reprint an old ad and/or article at its complete discretion.
PAYMENT: Equal monthly payments can be made with the first due at the time of the signing of the contract. Advertiser will be billed one month in advance for the duration of the contract. Accepted payments include automatic Credit Card payments drafted monthly or Check if paid-in-full or paid quarterly. If credit card is the selected payment option, Advertiser authorizes Publisher to charge the credit card each month prior to the publication(s) going to print. Monthly payments are due on the 10th of the month preceding the publication month as this is a prepaid publication.
CANCELLATION OF CONTRACT: Advertiser commits to pay the amount contracted on page one of this agreement. Advertiser may elect for an early termination of this agreement by completing the following; 1) Providing Publisher with written notice of not less than thirty (30) days preceding publication deadline. 2) Pay an early termination fee equal to TWO (2) MONTHS advertising at the regular monthly payment amount shown on page 1. 3) Pay the difference between any discounts given at the time of signing of the agreement and the retail price of ads for each month in which Advertiser’s ad has been published.
DEFAULT AND ACCELERATION OF CLAUSE: If Advertiser defaults in the payment of this contract or in the performance of any obligation, and the default continues after Publisher gives Advertiser notice of the default and the time within which it must be cured, as may be required by law or written agreement, then Publisher may declare the unpaid balance of the contract immediately due. Advertiser and each surety and guarantor, waive all demands for payment, presentation for payment, notices of intentions to accelerate maturity, notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by law.
In the event of such a default, Publisher reserves the right to stop publishing Advertiser’s ad in the applicable magazines, without removing the responsibility of Advertiser of paying for their ad placement and completing their contract, and the Advertiser forfeits any rights to demand future publication of the ad by Publisher. A $35 fee will be applied to late payments and an additional $35 fee will be applied for each 30 day increment the payment continues to go unpaid.
SEVERABILITY: If any provision of the Contract or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of the Contract nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
ATTORNEY’S FEES: If this Contract is given to an attorney for the collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or other judicial proceedings, Advertiser shall pay to Publisher all costs of collection and enforcement, including reasonable attorney’s fees, court costs, and any additional amounts due.
GOVERNING LAW: This Contract shall be governed, construed and interpreted by, through and under the procedural and substantive laws of the State of Utah. Advertiser hereby agrees and submits itself to the exclusive jurisdiction of the federal and state courts of Utah, in order to resolve any disputes or controversies arising out of this contract.
CONSTRUCTION: Both parties have either 1) been represented by separate legal counsel or 2) have and the opportunity to be so represented and have chosen not to be represented by separate legal counsel of their own volition. Accordingly, no provision herein shall be construed against either party as being the draftsman of any such provision. This contract shall therefore be construed simply and without regard to any presumption or other rule requiring construction against the drafting party.
NO WARRANTIES & NO INDUCEMENT: Both parties agree that no party is relying upon any representation, covenant, promise, or statement made by anyone that is not recited, contained, or embodied in this Contract. Further, both parties agree that they enter into this Contract voluntarily and have not been improperly influenced to affix their signatures.
SUCCESSIONS: This Contract shall bind and inure to the benefit of and be enforceable by the parties hereto, their respective heirs, administrators, executors, successors, and assigns.
THIRD PARTIES: Except as is otherwise provided for herein, each of the parties understands, acknowledges, and agrees that no rights or interests whatsoever are given by the Contract to a party not identified as a party of this Contract.
ENTITY SIGNATURES: The person executing this Contract, whether personally or on behalf of an entity, hereby declares and acknowledges that he/ she has full and complete authority to bind said entity to the terms contained herein.
ENTIRE AGREEMENT: Both parties agree that this Contract constitutes the entire agreement between the parties, and any other subsequent changes or alterations to this Contract must be made in writing and signed by both parties. This Contract may be superseded by a subsequent contract if and only if the subsequent contract specifically states. This Contract supersedes any prior contracts entered into between Advertiser and Publisher. As of the date of signing, there are no prior documents that may be used to assist in interpreting this Contract.
OFFICIAL MAGAZINES: Connection Publishing creates and distributes official authorized city publications monthly. These publications are made possible by advertising revenue acquired by Connection Publishing. Connection Publishing, its agents, employees, and officers are not employees of the Cities we represent and have no authority to bind the City/Cities in any respect. The Cities are not liable for any loses sustained by advertisers or responsible for resolving any disputes between Connection Publishing and advertisers.
DESIGN ADS: Connection Publishing will create one free ad for current advertising customers. Design changes will be limited to 3 revisions per new ad. Customers who need extensive revisions or recreations, resulting in more than one hour of design work, will have the option to pay $50 per hour for additional graphic design work.
AD PROOFS: Advertiser will be given a chance to approve a proof of the ad or request specific changes. Advertiser will be given a minimum of 24 hours to review the ad proof and provide any feedback or request changes to the designers at Publisher. If Advertiser fails to provide a response toPublisher within the 24-hour period, the ad proof will be published as is, and Advertiser will be billed as designed in the contract. Publisher is not responsible for errors Advertiser fails to correct on the proof. The ad proof color on emails and lasers is not exact and can vary upon publication. IfAdvertiser is providing the ad, the ad must be submitted to Publisher by the publication deadline. Advertiser will be billed as designated in the contract, even if Advertiser fails to meet the deadline.
APPROPRIATE AD CONTENT: This publication is designed for family use. Because minors will be using and reading the publication, Publisher reserves the right to approve all advertisement content to ensure its suitability for all ages. It is at Publisher’s sole discretion what is and is not acceptable. Publisher will not pay for or be responsible for extra design charges for ads that are deemed inappropriate. Advertiser is responsible for all ad creation costs, including redesigns of inappropriate ads.
RESPONSIBILITY: Publisher has the right to hold the Advertiser and/or its agency or signer, jointly and severally liable for the full amount due on the contract (i.e., payments for advertising space).
DEADLINES FOR ADS AND ARTICLES: Advertiser is responsible to deliver any changes in ads and/or new articles to Publisher by the 12th of the month prior to the month that the ad and/or article is to be published. If the Advertiser fails to deliver the ad and/or article to Publisher by the deadline, Publisher has the right to reprint an old ad and/or article at its complete discretion.
PAYMENT: Equal monthly payments can be made with the first due at the time of the signing of the contract. Advertiser will be billed one month in advance for the duration of the contract. Accepted payments include automatic Credit Card payments drafted monthly or Check if paid-in-full or paid quarterly. If credit card is the selected payment option, Advertiser authorizes Publisher to charge the credit card each month prior to the publication(s) going to print. Monthly payments are due on the 10th of the month preceding the publication month as this is a prepaid publication.
CANCELLATION OF CONTRACT: Advertiser commits to pay the amount contracted on page one of this agreement. Advertiser may elect for an early termination of this agreement by completing the following; 1) Providing Publisher with written notice of not less than thirty (30) days preceding publication deadline. 2) Pay an early termination fee equal to TWO (2) MONTHS advertising at the regular monthly payment amount shown on page 1. 3) Pay the difference between any discounts given at the time of signing of the agreement and the retail price of ads for each month in which Advertiser’s ad has been published.
DEFAULT AND ACCELERATION OF CLAUSE: If Advertiser defaults in the payment of this contract or in the performance of any obligation, and the default continues after Publisher gives Advertiser notice of the default and the time within which it must be cured, as may be required by law or written agreement, then Publisher may declare the unpaid balance of the contract immediately due. Advertiser and each surety and guarantor, waive all demands for payment, presentation for payment, notices of intentions to accelerate maturity, notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by law.
In the event of such a default, Publisher reserves the right to stop publishing Advertiser’s ad in the applicable magazines, without removing the responsibility of Advertiser of paying for their ad placement and completing their contract, and the Advertiser forfeits any rights to demand future publication of the ad by Publisher. A $35 fee will be applied to late payments and an additional $35 fee will be applied for each 30 day increment the payment continues to go unpaid.
SEVERABILITY: If any provision of the Contract or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of the Contract nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
ATTORNEY’S FEES: If this Contract is given to an attorney for the collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or other judicial proceedings, Advertiser shall pay to Publisher all costs of collection and enforcement, including reasonable attorney’s fees, court costs, and any additional amounts due.
GOVERNING LAW: This Contract shall be governed, construed and interpreted by, through and under the procedural and substantive laws of the State of Utah. Advertiser hereby agrees and submits itself to the exclusive jurisdiction of the federal and state courts of Utah, in order to resolve any disputes or controversies arising out of this contract.
CONSTRUCTION: Both parties have either 1) been represented by separate legal counsel or 2) have and the opportunity to be so represented and have chosen not to be represented by separate legal counsel of their own volition. Accordingly, no provision herein shall be construed against either party as being the draftsman of any such provision. This contract shall therefore be construed simply and without regard to any presumption or other rule requiring construction against the drafting party.
NO WARRANTIES & NO INDUCEMENT: Both parties agree that no party is relying upon any representation, covenant, promise, or statement made by anyone that is not recited, contained, or embodied in this Contract. Further, both parties agree that they enter into this Contract voluntarily and have not been improperly influenced to affix their signatures.
SUCCESSIONS: This Contract shall bind and inure to the benefit of and be enforceable by the parties hereto, their respective heirs, administrators, executors, successors, and assigns.
THIRD PARTIES: Except as is otherwise provided for herein, each of the parties understands, acknowledges, and agrees that no rights or interests whatsoever are given by the Contract to a party not identified as a party of this Contract.
ENTITY SIGNATURES: The person executing this Contract, whether personally or on behalf of an entity, hereby declares and acknowledges that he/ she has full and complete authority to bind said entity to the terms contained herein.
ENTIRE AGREEMENT: Both parties agree that this Contract constitutes the entire agreement between the parties, and any other subsequent changes or alterations to this Contract must be made in writing and signed by both parties. This Contract may be superseded by a subsequent contract if and only if the subsequent contract specifically states. This Contract supersedes any prior contracts entered into between Advertiser and Publisher. As of the date of signing, there are no prior documents that may be used to assist in interpreting this Contract.
OFFICIAL MAGAZINES: Connection Publishing creates and distributes official authorized city publications monthly. These publications are made possible by advertising revenue acquired by Connection Publishing. Connection Publishing, its agents, employees, and officers are not employees of the Cities we represent and have no authority to bind the City/Cities in any respect. The Cities are not liable for any loses sustained by advertisers or responsible for resolving any disputes between Connection Publishing and advertisers.