Thursday Morning Media, DBA The Gabber Newspaper, Advertising Terms and Conditions:
1. All advertising subject to publisher approval.
2. Advertiser (and, where applicable, any advertising agency operating on their behalf) hereby engages with the publisher to provide the advertising services at the rate, size and frequency as identified in their agreement.
3. All advertisers must pay for advertisements in advance until which time credit may be extended upon approval of a completed credit application.
4. The rates agreed to each contract or insertion shall apply only if this agreement is completed according to its terms. If this agreement is cancelled for any reason other than what is stated in the Terms and Conditions, Advertiser shall pay for all advertising from date of agreement to date of cancelation using the rate applicable to the number of insertions completed.
5. In the event of cancelation of space reserved that occurs after the deadline for the next issue, Thursday Morning Media will charge Advertiser a cancellation fee of 50% of the cost of the advertisement reserved.
6. Advertiser agrees that, in the event new copy/images are not supplied by the deadline for the next insertion, Publisher has the right to insert a previously approved advertisement.
7. Failure by Publisher to insert an advertisement in any issue(s) invalidates the order for the insertion in the missed issue(s) but shall not constitute a breach of contract.
8. Publisher shall not be responsible for typographical errors. However, in its sole discretion, Publisher may reduce the charge for such an advertisement that may have been rendered incorrect. No responsibility is assumed for more than one incorrect insertion of any advertisement or any Advertiser-provided camera-ready advertisements.
9. Advertiser grants Publisher a license to display Advertiser’s advertising materials, including logos, trademarks, and service marks, in connection with advertising services provided for in this Agreement, on the websites, on its social media channels, and to modify, copy, reformat, transmit, and otherwise manipulate such advertising materials in connection with such display. Advertiser represents and warrants to Publisher that the use in its advertising of any trademarks or service marks of any third person has been authorized by all necessary actions of the owners of such trademarks or service marks.
10. Publisher will not be responsible for any material that is not properly displayed or that cannot be accessed or viewed because the material was not received by Publisher in the proper form, in a timely manner, or in an acceptable technical quality for display.
11. Advertiser agrees that any images, graphics, text, or materials submitted to Publisher for use in advertising is licensed by advertiser for reuse. Advertiser agrees to bear the cost of any action taken against the Gabber Newspaper for any materials provided by Advertiser that Advertiser did not have license and permission to use.
12. Ads published in the Gabber Newspaper will be assumed correct and payable in full. Any objections made by Advertiser must be resolved with the Gabber (see paragraph 8) within 21 days of the publication date at which time credit, if any, will be issued to the Advertiser’s account.
13. No advertisement designed by the Gabber may be reprinted in whole or part without written permission from the Publisher and payment of a $250 copyright fee.
14. Invoices rendered to Advertiser by Publisher are deemed correct unless written objection is provided by Advertiser to Publisher within 30 days from the publication date.
15. Advertiser agrees to pay all costs, including attorney or collection agency fees, associated with collection of monies due or disputed arising out of this agreement whether or not a legal suit is initiated. An interest charge of 1.5% per month may be added to accounts not paid within terms. Advertiser agrees to pay a $35 service charge for each check returned by Advertiser’s bank.
16. If the agreement is signed by an advertising agency for the Advertiser, both Agency and Advertiser warrant that agency represents Advertiser and is authorized to sign the agreement for its client and that the Advertiser is liable for payment therefore jointly and severally with the agency.
17. Advertiser will indemnify Publisher against liability, loss, or expense from claims for libel, defamation, unfair competition, trademark or copyright infringement, privacy rights violations, and other claims arising from publication of advertising hereunder, including Third Party claims.
18. Publisher reserves the right to change the rates agreed to herein at any time. If Publisher increases advertising rates during the term of this agreement, Advertiser has the right to cancel this agreement, without penalty, within five (5) days of the effective date of the rate increase.
19. Publisher does not guarantee position, but will accept Advertiser’s request for position. Guaranteed position can be purchased at additional rate indicated per insertion if position requested is available.
20. Excluding payment obligations, neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, telecommunications line failures, electrical outages, network failures, acts of God, labor disputes, pandemics, or declared state of emergency. In the event that Publisher suffers such a delay or default, Publisher shall make reasonable efforts within five (5) business days to recommend a substitute transmission for the ad or time period for the transmission. If no such substitute time period or makegood is reasonably acceptable to Advertiser, Publisher shall allow Advertiser a pro rata reduction in the amount of money assigned to the space, time and/or program charges at time of purchase, and such pro rata reduction shall be Advertiser’s sole and exclusive remedy.
21. The agreement constitutes the entire agreement between the parties and no verbal agreements or representations changing the Terms and Conditions shall be deemed effective.
IN NO EVENT SHALL PUBLISHER OR ANY OF ITS AFFILIATES BE LIABLE TO ADVERTISER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY CAUSES OF ACTION OF ANY KIND. IN ADDITION, PUBLISHER SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES FOR ANY REASON, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, INDEMNITY OR ANY OTHER THEORY OF LIABILITY.
