435.215.8935 info@southernutahbridemag.com www.southernutahbridemag.com Advertising Contract This Agreement is made effective as of this _____ day of ________, 2011, by and between __________________________________ (hereinafter referred to as “Advertiser”) and Southern Utah Bridal Magazine (hereinafter referred to as the “Company”). WHEREAS, Advertiser desires to advertise its goods and/or services through the publication to be created and distributed by Company, of which publication shall be known as Southern Utah Bridal Magazine and which shall be published and distributed bi-annually, and Company desires to publish Advertiser’s ad in said publication. NOW THEREFORE, in consideration of the promises and the mutual covenants contained herein, and intending to be legally bound, the parties hereto agree as follows: 1.
Advertiser Information:
Address:______________________________________________________________________ City:_________________________ State:___________________ Zip:____________________ Phone:__________________ Fax:_________________ Email:__________________________ Website:______________________________________________________________________ Billing Address (if different):_____________________________________________________ City:_________________________ State:___________________ Zip:____________________ 2.
Ad Information:
Ad Size:______________________________________________________________________ Ad Cost:______________________________________________________________________ Utah State Sales Tax (6.25%)______________________________________________________ Additional Charges:_____________________________________________________________ Discount:______________________________________________________________________ Deposit:_______________________________________________________________________ Total Balance Due:______________________________________________________________ Credit card Number and type:______________________________________________________ 3. Duration: In consideration of the above “ad cost” being paid in full upon final ad proof deadlines, Company will publish the Advertiser’s ad in the Southern Utah Bridal. 4. Ad Layout: The ad layout, typesetting and graphic design in the ad may be included in the “ad cost.” In the event additional artistic work, logo, identity creation, photography or the like is desired, any such add-on will be identified in “additional charges.” 5. Ad Proof: Advertiser shall be given the opportunity to approve the ad prior to printing and Advertiser shall be given reasonable notice of the proposed ad prior to the ad proof deadline, of which shall be designated by Company. Failure of the Advertiser to correct, change or modify the ad will be their sole responsibility and Company shall not be liable for any damages resulting from Advertiser’s failure to adequately proof the ad. 6. Competing Advertisements: It is understood by Advertiser that businesses of the same kind or type as Advertiser may also advertise in the Southern Utah Bridal Magazine and Advertiser shall not have exclusive rights in this regard. 7. Discretion to Advertise: Company shall have the sole right to refuse ads. Ads that are indecent and/or immoral in any way subject to Company’s exclusive discretion. As well ads that do not meet professional design standard. In the event a proposed ad is rejected by Company, Company will allow Advertiser to submit additional ads for approval so long as such ads are provided and approved by Company prior to the ad proof deadline. If Company does not approve a proposed ad prior the ad proof deadline, Company has the option to cancel the ad
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8. Limited License: The Advertiser grants Company a license to obtain and use Advertiser’s logo, photos, artwork, designs and/or any and all intellectual property for the purpose of publishing Advertiser’s ad in the Southern Utah Bridal Magazine. 9. Indemnification: Advertiser agrees to indemnify and hold Company harmless from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments, that may be asserted against Advertiser that result from any causes of action that may arise from Advertiser’s ad in the Southern Utah Bridal Magazine. 10. Assignment: Any obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the parties. 12. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 13. Amendment: This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 14. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15. Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. Attorney Fees: If any of the parties find it necessary to bring any action at law or other proceeding against another party to this Agreement to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in any such action or other proceeding shall be entitled to recover its reasonable costs and attorney fees from the non-prevailing party. 17. Jurisdiction and Venue: The Parties expressly agree that in the event any action is brought to enforce any rights or remedies provided under this Agreement, jurisdiction and venue shall be placed exclusively in the Fifth Judicial District Court in and for Washington County, State of Utah. 18.
Applicable Law: This Agreement shall be governed by the laws of the State of Utah.
19. Mediation: Should any dispute arise regarding any term or provision of this Agreement, the parties shall submit any such dispute to mediation prior to initiating any lawsuit. The situs for such mediation shall be Washington County, State of Utah. Company:
Advertiser:
___________________________ By: Its:
___________________________ By: Its:
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