Desert Sun/Advertising 91 (2)ADVERTISING CONTRACT
Account#Q.\'~"._(3~\ Form Number. Date ~\ ]\~ It
THIS AGREEMENT is made on ~the~?;;~ day of \'~,.~--~ , between The Desert Sun
division of The Desert Sun P~blishing Co. Inc., (hereinafter called the "Company") and
~~ D~ ~~~%~ ,~catedat. ~- k~ ~k~ ~~
Cit~ ~ ~ ~%~ State ~ Zip ~ ~ ~ ~
(~pe of Business) ~ ~ ~~~ (hereinafter called the "Advertiser").
I. The company is hereby a~orized to inset: ~ t~?l Classified ~1 CAP ~Z1 National
to ~n Full Run or in ~rea(s) as checked ~low:
II. Type of contract: _~ .~-J ~ W~k ~3 Full Page Frequency
[~ Preprints x ~'~ Business Builder Discount x
UJ Desea Adve~ser [~ Super Saver L'J Mon~ly Frequency
Preprints .... x L~I O~er : [.~ W~kly Frequency
t r *n i ted on the Company's (net~gros~ rate schedUl~svhich is
incorporated herein by reference and mad~ part of this Agreement, subject to the rate
revision provisions of paragraph (4) below.
2. The term of the Agreement shall ~rom the date hereof, and it shall be
automatically renewed for each Ilk(pc}tod the~fter, unless either party gives written
notice to the eontra~ypfior to theX~niversary date, or prior io a rate revision as
provided in paragraph (4).
3. By committing to purchase a minimum amount of advertising during each term of
the Agreement, the Advertiser is being given a special discounted rate. If during the
term of this agreement the Advertiser shall use more or fewer
pagesfincbes/columas,qines/times than the agreed in paragraph (I) above, Advertiser's
rate for all space used during this year shall be reduced or increased, if applicable, to
the the appropriate earned rate or non-discounted open rate and the Advertiser shall
pay, or receive a credit for, the difference up to a ceiling of 2 levels. Rebates will be
applied to balances due the Company, if applicable.
4. The Company reserves the right to increase the contract rate from time to time, as
well as realign areas, giving the Advertiser the option of continuing at the new rate in
a rea]igned area or discontinuing when th~ new rate or area becomes effective, without
short rate, provided immediate payment in full is mad~ or nH obligations then duo
under the contract, and that the Company is notified in writing prior to the effective
date of the n~w rates of Advertiser's intent to discontinue.
5. The Company may, in its sole discretion, edit, classify or reject any advertising
copy submitted by Advertiser.
6. Advertiser shall m~e the payment within the credit terms indicated on the
Company's statement...for the previous billing period's advertisements, or upon
presentation of bill, etc., and, in the event that the advertiser fails to make payment
within such time, Company may reject advertising copy and/or immediaely cancel
this contracL and Advertiser agrees to indemnify Company for all expenses incurred in
connection with the collection of amonnls payable under this contract, including court
costs, attorney fees, and 9% interest charge per annum. If this Agreement is canceled
due to Advertiser's failure to make timely payment, Company may re-bill the
Advertiser for thc outstanding balance duc at thc open or earned contract rates,
whichever is applicable.
7. This Agreement cannot be invalidated for typographical errors, incorrect insertions
or omissions in Advertising published. The Company agrees to run corrective
advertisements for that portion of the first insertion which may have been rendered
valueless by such typographical error, wrong insertion or omission. Advertiser shall
notify the Company of such errors in time for correction hefore the second insertion.
Thc Company shall not be liable to Advertiser for any loss that results from thc
incorrect publication of ils advertisements.
g. Agency commission, if any, shall apply to all space charges and adjustments under
this contract. If Advertiser utilizes an agency, the Advertiser and the agency shall be
jointly and severally liable for payment and for compliance with all of thc terms and
conditions of this Agreement. All rates quoted are net.
9. Thc Advertiser agrees to hold harmless and indemnify the Company from all
damages, costs and expenses, of any nature whats, oevcr, for which thc Company may
become liable by reason of its publication of Advertiser's advertising.
0. All Advertising copy which represents thc creative effort of the Company and/or
,e utilization, labor, composition or material furnished by it, is and remains the
'operty of the company including all rights of copyright therein. Advertiser
understands and agrees that it cannot authorize photographic or other reproductions, in
whole ur in part, of any such advertising copy for use in any other medium without the
expn~ written consenl of the Company.
I l. Whenever in the judgment of the Company any advertisement bears resemblance
to news matter, or is of such a character as to convey to the reader that it is news or
ndveaisements in cartoon technique or comic strip form, same will be placed with
classification head 'advertisement' over the column.
12. A composition charge in addition to contract or transient rates shall be paid by
advertiser for intricate layout, copy calling for type to be set on the bias, circles and
other difficult composition and revisions of original copy.
13. Advertisements in excess of 19 inches in depth shall he billed as a full colunm.
14. The company shall not be responsible for any drawings, art work, photographs,
engraving, plates, or mechanicals furnished by thc advertiser to be used in
advertisements urdcss inslrdc~ms to return at ndvcRiser's expense arc furnished with
ordar.
15. Wlea orders ate furnished by agency or advertiser which c~ntain incorrect rate or'
conditions the advertising w'dl be iasetqed and charged al Ilg ate in fore gouea'aing
such adveO, ising and in accordance with the conditions contained herein.
16. The Advertiser agrees to pay for all special art work and materials furnished by the
Company at the request of thc Advertiser. and for composition if advertising is not
ordered published.
1'/. Advertiser agrees m pay positio~ c~es as stated in r~te c~xL
i$, Specifications on orders for the use of ~y page or barring the placing of
ndvet~ising on any page os relating to the kind of news or ad'~'tising on the i~ge shall
be treated as requests onlF
19. Conditions under which advertising is accepted under this contract require that all
advertisements running Full Run must be the same in size and in copy except for
addresses aM appear in all Areas specified in this contract within a seven day period.
When advertising is used in addition to Full Run it will be charged at the rate at which
the Advertiser would be charged under an individual Base Area contract (for the
amount of space) for the first Area at the expanded coverage rate for two or more
areas according to the schedule of cunent advertising rates in effect at the time such
space is used. Rebates and short ra~s do not apply to advertising which is in addition
to a FULL RUN contracted for hereunder, placed in individual Areas nor does such
additional advertising space count towards the completion of the Full Run space
conLract.
20. In the event any federal, state, of local taxes are imposed on the printing of
advertising material or on the sale of advertising space, such taxes shall be assumed
aM paid by the advertiser.
21. When advertising is placed under a repeat rate disconnl provisions the discounted
portion only does not apply to fulfillment of advertisers' contract and will not be
subjeel to rebate. Advertising inse~4ed under any other discount condition will not be
credited toward the fulfillment of adverlisers' contract and will not be subjecl to
rebate.
22. This agreement may not be assigned or transferred by Advertisedagency.
23. Newspaper may require advance payment for all advertising placed by Adverliser
or ils agency if periodic credit checks are not satisfactory.
25. PI.EASE MAKE NOTE BEFORE SIGNING: This Agreement is a special rate contract. By agreeing in Paragraph 1 hereof to place at least a specified amount of
advertising with in the Newspaper during each term of this Agreement, you as the Advertiser have been given special, discounted rat~. If you are unable to fulfill Ibis
obligation within the term of this Agreement (i.e., if you don't place the amount of advertising you have committed to in Paragraph I hereof), within the period set
forth in this Agreement, the amount of advertising you do place may not qualify you for any discount than that offered herein. THIS COULD RESULT IN
ADDITIONAL CHARGES TO YOU AS THE ADVERTISER! By signing this Agreement, you are acknowledging that you are hereby agreeing to pay any such
additional %hort rale" charges.
¢ {,.LL~_(S ales Represtr~ative Name & NO')
Accepted By
, , 15, I
Date !
AGENCY Desert Sun Publishing
Nalne
Address
Corp. Name if different
Phone Number
Title and Signature
Date
MASTER FILE MAINTENANCE
Non-Profi~}~' Agency t'ill Political
Account No ............
llii New Contract
.>~Upgrade from ((3C~t~
Ii ii Downgrade from
i'iI Renewal
Umbrella Contract For:
(Customer Number & Business Name)
New Account
ADVERTISER ,
Com. N~e if different
Title ~d~i~ature
Print N~e
Ii-~-~l
Date
..... %-7/
Eff~five Date
Approved By
Billing Address:
(If different from above)