Reso 2013-2140 - Laserfiche WebLink

Home Browse Search

ADVERTISING TERMS AND CONDITIONS 1. Contract Terms. Advertiser must consume and pay for the minimum space indicated herein within one year from the 1st Run Date(the"Minimum Amount"). If Advertiser fails to satisfy the Minimum Commitment,Advertiser shall not be entitled to the rates or discounts set forth herein and will be retroactively billed for all advertising during the Term at the applicable then current standard published rate card rate(the"Corrected Rate-). Advertiser will pay MHMC any such Corrected Rate balance immediately. Advertiser agrees to pay this Corrected Rate in addition to all amounts paid or payable by Advertiser under this Agreement. Payment of any Corrected Rate does not count toward the Minimum Commitment. For Preprints.Print and Deliver. Home Delivery Bags and Herald Notes.all insertion orders require specific instructions to manage handling of shortage or overage of quantities. 2. Earned Rating/Agreement Review.Advertiser will be billed at the Earned Rate for advertising purchased after the initial term."Earned Rate"means the rate applicable to the linage.or frequency level reached by Advertiser at the conclusion of the then-expiring term of the Agreement. If Advertiser satisfies the linage or frequency level required of its contract and qualifies for a lower Earned Rate.it will be billed at the lower Earned Rate beginning the next billing period.No advertiser will receive an automatic rebate on past advertising purchases solely by qualifying for a lower Earned Rate during the contract term. MHMC reserves the right to review the volume of advertising placed on a quarterly basis and cancel this contract at its sole discretion,if advertising placed falls %or more below the quarterly average of linage or frequency needed to fulfill the contract amount. Failure of MHMC to reviev` the volume of advertising or cancel the contract for any reason shall not be deemed a waiver of the right to cancel in the future or to impose any applicable rate adjustments 3. Payment Terms. All invoices(including applicable sales taxes)are due on the 20th of the month following insertion(s)and if not paid by the 30th day of the month following the date of insertion(s)will be late(except for accounts designated by MHMC as weekly which are due within 7 days of the invoice date). Late amounts will bear interest at the maximum rate allowed by law. Advertiser shall pay all applicable taxes. If any invoice is not timely paid.then MHMC reserves the right to suspend its performance at any time and/or cancel this Agreement without notice. In the event of such a cancellation.all charges for advertising since the 1st Run Date will be re-invoiced to reflect the Corrected Rate.as described herein. All disputes of any kind must be reported in writing to MHMC no later than 30 days from the date the invoice containing such disputed item or such item will be deemed correct and conclusively accepted by Advertiser. Advertiser waives any claim after said 30-day period. Submission of a written dispute notice by Advertiser shall not relieve Advertiser of its obligation to timely pay all undisputed amounts. Credits.refunds or payments must be used or claimed within 2 years from the date of such credit,refund or payment or shall be deemed to have been earned and correctly applied or paid. Unless agreed in writing.multiple discounts shall not apply for the same advertising purchase. MHMC is not obligated to extend credit to Advertiser unless in writing. If Advertiser breaches this Agreement.Advertiser agrees to pay all of MI IMC's collection agency fees and expenses.investigation.court and litigation expenses along with attorney fees equal to the greater of:(i)25%of the amount owed.or(ii)the amount awarded by the court. Sunday circulation and advertising rates will apply to the following holidays:Nov Year's Day. Independence Day,Labor Day.Thanksgiving Day. Day after Thanksgiving.Christmas Day.Day after Christmas and Day after Super Bowl. 4. Obligations of Advertiser. Advertiser agrees to indemnify MHMC for any and all costs,claims,damages.and/or liability claimed against or incurred by MHMC as a result of MHMC's publication of any advertising submitted by Advertiser(or submitted on behalf of Advertiser)to MHMC. Advertiser represents,warrants and guarantees that any ad copy so submitted to MHMC is accurate,truthful and in compliance with all copyright laves and all other applicable laws and regulations. 5. Ownership of Ads. MHMC retains all rights of ownership in and to all advertisements designed or created by MHMC. Advertiser grants MHMC a non- exclusive license to publish all camera-ready advertisements provided by Advertiser(or provided on Advertiser's behalf)to MHMC. MHMC is not obliged to return ads or ad materials to Advertiser and MHMC is not responsible for any damage or loss to any ads.copy.drawings.art or any other materials provided by Advertiser. Advertiser represents and warrants to MHMC that any advertisement submitted to MHMC is original.does not violate any law,or infringe the copyrights.trademarks,trade name or patents of any other person.entity or corporation.and contains no matter which is libelous. an invasion of privacy.and unlawful appropriation of name or likeness,or otherwise injurious to the rights of any other person and that Advertiser has obtained all necessary consents prior to the submission of such advertisement to MHMC. 6. Copyrights. Advertiser hereby grants a non-exclusive license to MHMC for all copyrights and ownership rights in any advertisement of Advertiser submitted for insertion in any publication of MHMC including the right to publish,reproduce.display.adapt.transmit.or produce derivative works in any medium,including any digital electronic medium. Advertiser authorizes MHMC to bring suit in MHMC's discretion and at MHMC's expense for any unauthorized use.reproduction,display.distribution,or performance of advertisement as it appears in the Newspapers or for its unauthorized alteration 7. Acceptance/Rejection of Advertising. MIMMC reserves the right to revise,alter or reject any advertisement for any reason whatsoever.or to omit ads without notice.MHMC may cancel any ad at its sole discretion.even if previously accepted for publication.Advertising copy not timely submitted by Advertiser will be excluded.Special position for advertising is not guaranteed but may be available for a premium and if agreed to in writing. 8. Publication Errors and Omissions. MHMC is not liable for any omission of all or any portion of any ad.nor is MHMC responsible for orders. cancellations or corrections given by telephone,facsimile or telegraph. MHMC is also not liable for any error in a published ad unless an advertising proof is requested in writing.Advertiser clearly marks any error in the advertising proof for corrections.and MHMC is notified of the error in sufficient time before publication,in which case Advertiser's sole remedy is an appropriate credit to the extent of the error up to the cost of the first insertion of the error (if there is more than one incorrect insertion,credit shall be allowed only for the first incorrect insertion). 9. MHMC's Rights Regarding Mechanical Specifications. MHMC reserves the right to alter any printed advertising material due to press/production requirements.This reservation of right includes MHMC's right to reduce the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.Advertising will be billed based on the space reserved/ordered. 10. Unavoidable Nonperformance. MHMC is not liable for failure to publish ads or distribute its publications because of flood. fire.riots.strikes.terrorists. storms,shortages of material.orders of government,failure of transportation.acts of God or other causes beyond MHMC's control. In such an event,this Agreement will be extended for a period equal to the time during which such performance was not possible. 11. Clerical Errors. Incorrect rates on advertisements,which do not correspond to the rate card or as.otherwise specified in this Agreement.will be regarded as clerical errors and such advertisements will be charged at the applicable rate for such advertisement at the time of the signing of this Agreement. 12. Multiple Advertisers. Two or more advertisers will not be allowed to combine contracts,nor will advertising agencies be allowed to combine contracts of their clients or accounts,unless the businesses advertised are under common ownership and prior approval of MHMC has been obtained. 13. Advertising Agencies. The obligations of Advertiser and its advertising agency(if any)hereunder shall be joint and several. 14. Non Self-Renewing Agreement. Advertiser acknowledges and agrees that this Agreement shall not self-renew.and is subject to termination by either party without penalty upon 30 days prior notice to the other party after the expiration of the initial term of this Agreement. 15. Online Advertising. Without limiting the generality of any provision of this Agreement.any online advertising vhi is subject to this Agreement is subject to the following additional terms and conditions: Initials