Advertising Agreement

The advertiser and agency if any
(hereinafter Advertiser and Agency) and the publisher accepting this order (hereinafter Publisher) hereby agree to be governed by the following conditions: 1. Contract space must be used within one (1) year from first insertion. Upon acknowledgement of any insertion order, Brownfield News reserves the right to reject any advertising copy that in its sole discretion conflicts with the content, format, style, or appearance of the publication, or otherwise does not conform with reasonable standards of good taste. Advertiser or Agency may cancel an order for advertising in writing only. No cancellation is considered accepted until confirmed in writing by the Publisher. If the Advertiser or Agency cancels, Advertiser or Agency shall pay Publisher a short rate equal to the difference between the rate earned under the contract and the rate applicable to the actual frequency of publication determined in accordance with Publisher’s rate card. 2. Cancellations (as well as changes in insertion orders) will not be accepted by the Publisher after the published closing dates. 3. Advertisements will be accepted only through Brownfield News Advertising Agreements. General standards which govern the acceptance of advertisements in Brownfield News include but are not limited to the following: advertising in Brownfield News shall not be false, misleading, fraudulent, or deceptive; substantiation of any representation, claim, or statement made in any advertisement may be required; and advertising must conform to reasonable standards of good taste. The Advertiser must also follow the Brownfield News advertising guidelines in the media kit. 4. The Advertiser and Agency, jointly and severally, are liable for payment for all published advertisements. First-time insertions require complete prepayment by the scheduled space closing date. Where credit is allowed, monthly accounts are due and payable upon receipt of invoice and considered past due if payment is not received within 30 days of invoice date. Brownfield News reserves the right to contact the client directly when any account is 60 days past due. No agency discount will be allowed on any advertising invoices 60 days past due. If an account is 60 days past due, all advertising will be discontinued until the account is brought current. 5. If the Publisher is not paid in full for advertisement as due, Advertiser and Agency agree to pay an additional 1.5 percent per month as a service charge on the unpaid balance, until paid, and all costs of collection incurred by the Publisher, including attorney’s fees and costs. Publisher will not accept terms of sequential liability. 6. The Publisher shall not be bound by any conditions, printed or otherwise, appearing on order blanks or copy instructions when such conditions conflict with the provisions set forth here. 7. All advertisements are published on the representation of the Advertiser and Agency that both are authorized to publish the entire contents and subject matter of the advertisement. 8. The Advertiser and Agency agree not to make any promotional reference to Brownfield News without the prior permission of the Publisher for each such use. 9. Advertising which simulates editorial content must carry the caption ‘Advertisement’ in not less than six (6) point type in the overall space occupied by the Advertiser. 10. Publisher assumes no responsibility or liability for any errors that may occur in connection with key numbers in any advertisement. The Publisher shall not be liable for any failure to publish all or any portion of the issue in which an advertisement is contained if such failure is due to acts of God, strikes, accidents, or other occurrences beyond the Publisher’s control. Failure by Publisher to insert advertisement in any particular issue or issues invalidates the order but shall not constitute a breach of contract. 11. Advertisements omitted from any particular issue or issues shall be made up or rate adjusted. In no event shall Publisher be liable for any other damages, including but not limited to consequential damages. 12. The Advertiser and Agency, jointly and severally, shall indemnify and hold harmless the Publisher, its officers, agents, and employees against claims, suits, expenses (including legal fees), and losses resulting from the publication of the contents of the advertisement, including, without limitation, claims or suits for libel, violation of right of privacy, copyright infringement, or plagiarism. 13. The Publisher will not be mediator for any advertiser/reader disagreements or business transactions. Any advertiser or reader complaint is to be handled directly with the parties involved.