| THIS AGREEMENT is made this _______________ day of ________________________________, 20_________, by and between Pastime Publications Inc. (hereinafter referred to as PUBLISHER), and ____________________________________________________ (hereinafter referred to as ADVERTISER). WHEREAS, the PUBLISHER publishes _________________________________________ and the ADVERTISER wishes to purchase advertising space in said publication, the parties agree as follows: |
| 1. |
ADVERTISER agrees to purchase a ________________ page advertisement in the __________________ issue of the ______________________________________________________. |
| 2. |
DISTRIBUTION: PUBLISHER agrees to print and distribute a minimum of 20,000 copies of the __________________________________________________________ on or about __________________________________. PUBLISHER agrees to make every effort to distribute all 20,000 directories by _____________________________________. |
| 3. |
For said insertion of ADVERTISER'S advertisement in __________________________________________, ADVERTISER agrees to pay PUBLISHER the following sum:
$_________________________ for a _______________ page advertisement PLUS photography $______________________ (if applicable); LESS Agency Discount (15%) $________________________ (if applicable). |
| 4. |
The agreed-upon TERMS OF PAYMENT are as follows: __________________________________________________
________________________________________________________________________________________________. |
| 5. |
Copy for advertisement will be supplied by: _______________________________________________________________
Photography (if applicable) for advertisement will be supplied by: _____________________________________________. |
| 6. |
Ad Agency information: If ADVERTISER uses a recognized agency, fill out the information below:
Agency:______________________________________________________
Address:___________________________________________________ City:__________________________
State:_________________________________ Zip:_______________ Phone:__________________________
Special Instructions:__________________________________________________________________________
____________________________________________________________________________________________ |
| 7. |
In the event ADVERTISER fails to make timely payment, or otherwise defaults hereunder, ADVERTISER agrees to indemnify PUBLISHER for all expenses incurred in connection with the collection amounts payable under this Contract, including collection fees, attorney's fees and court costs. No delay or failure of the PUBLISHER to exercise any of its rights hereunder shall operate as a waiver thereof. |
| 8. |
The ADVERTISER and its agency agree to indemnify and hold harmless the PUBLISHER from any and all claims, suits, liabilities or other expenses, including payment of judgments, attorney's fees and costs, arising from any and all claims involving the contents of advertisements published pursuant to this contract. |
| 9. |
ADVERTISER assumes sole responsibility for approval of the final proof of all advertising content and photographs. |
| 10. |
The PUBLISHER reserves the right to reject any advertising for any reason that PUBLISHER deems unsuitable for publication. All advertisements are accepted and published on the representation of the ADVERTISER and its agency that they are authorized to publish the entire contents thereof and that to the best of their knowledge and belief all of the statements made therein are true. |
| 11. |
PUBLISHER shall not be responsible for any delay in performance beyond its control. ADVERTISER agrees that the sole responsibility of the PUBLISHER hereunder for failure of performance shall be to return to the ADVERTISER the deposit and payments made by the ADVERTISER hereunder. The foregoing shall be in lieu of all warranties expressed or implied. PUBLISHER shall not be responsible for direct, special exemplary or consequential damages related to this Contract in excess of the amount paid by the ADVERTISER hereunder. |
| 12. |
CANCELLATIONS: Any cancellation must be received in writing on or before the space reservation deadline. Failure to send ad materials does not constitute cancellations. |
| 13. |
This agreement is entered into in the State of Colorado. Venue for any action arising out of this agreement shall be in the District Court of Denver County, Colorado. Any action related to this agreement shall be commenced and prosecuted in Denver County, Colorado. |
| DATE:_______________________________________
| ADVERTISER |
PUBLISHER |
|
|
| By _____________________________________________
Title: _________________________________ |
By _____________________________________________
Title: _________________________________ |
|