0% found this document useful (0 votes)
108 views

Audience Solutions Agreement: Powered by

This document is an advertising agreement between an advertiser and Alabama Media Group. It outlines the terms and conditions of their advertising contract, including payment terms, liability, guarantees, and revisions. The advertiser agrees to advertise in Alabama Media Group's print publications, website, mobile apps, or a combination at a set frequency or minimum revenue commitment for one year. They are jointly liable for all bills. Alabama Media Group does not guarantee readership levels but may provide makegoods for under-delivering on guaranteed impressions. The terms also cover copyright, privacy, legal compliance, and revisions to the agreement.

Uploaded by

leeroop
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
108 views

Audience Solutions Agreement: Powered by

This document is an advertising agreement between an advertiser and Alabama Media Group. It outlines the terms and conditions of their advertising contract, including payment terms, liability, guarantees, and revisions. The advertiser agrees to advertise in Alabama Media Group's print publications, website, mobile apps, or a combination at a set frequency or minimum revenue commitment for one year. They are jointly liable for all bills. Alabama Media Group does not guarantee readership levels but may provide makegoods for under-delivering on guaranteed impressions. The terms also cover copyright, privacy, legal compliance, and revisions to the agreement.

Uploaded by

leeroop
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Powered by:

Audience Solutions Agreement

Advertiser Name_ _______________________________________________________________________________________________________ Account #__________________________________________________


Address______________________________________________________________________________________________________________________________________________________________________________
Billing Address_______________________________________________________________________________________________________________________________________________________________________
Contact Name_____________________________________________________________________ Phone____________________________________________ Email_ __________________________________________

Contract Initiation Date_ ________________________________________________

Replacement Contract

CONTRACT LEVEL

Level 1


Level 2

Level 3

Level 4

Level 5

Level 6

Level 7

Level 8

Agreement is hereby made between ALABAMA MEDIA GROUP, hereinafter Publisher, and the undersigned, hereinafter Advertiser and Agency (if applicable).
This agreement shall be effective on _____________ (effective date).

[Advertiser and Agency agree to use and pay for advertising space in Publishers print publication(s) __________________________ (collectively, Newspaper) and/or
on its website currently located at www.AL.com (Website) and/or on its mobile applications and/or digital newspapers (collectively, Apps) at a frequency
of ______________________, and/or a minimum revenue commitment of _____________________, or as follows: ________________________ during the period of one year
from the effective date of this agreement.

ADDITIONAL INFORMATION:

TERMS AND CONDITIONS:


1. Orders for all advertising units in Publishers Newspaper, Website and/or Apps are non-cancellable. In the event
that Advertiser uses or pays for less advertising than that specified herein or the Advertiser or Agency otherwise
breaches the terms of this agreement, Advertiser and Agency will be charged ten percent (10%) of the remaining advertising commitment (short-rate). In such event, Advertiser and Agency must reimburse Publisher for the shortrate
within ten days of Publishers invoice therefor and Advertiser will thereafter pay for advertising at the open rate or at
the newly-determined rate(s) (as applicable).
2. Advertiser and Agency shall pay for such advertising at the rates set forth in this contract (if specified herein) or
Publishers rate card applicable at the time of the publication of the advertising. Volume discounts are net rates. No
other discounts apply.
3. Payment for advertising shall be made on or before the 30th day of the month following that in which advertising
is published. All advertising production fees (if any) shall be billed and are immediately due in full within the first
month of the ad campaign. Failure of Advertiser and its Agency, if there is one, to comply with this requirement shall,
at the option of Publisher, be considered a breach of this agreement. If payment is made by Agency, allowable commissions may be deducted. If any bill is not paid by its due date, commissions shall be deemed not earned and the gross
amount of the bill shall be paid in full. Publisher may, at its option, require cash with order or otherwise change the
payment terms at any time.

4. This Agreement is not subject to rebates, however it may be resigned for greater or less commitment at any time. If
an agreement is for less space, a rate adjustment charge will be made according to the rate earned.
5. Advertiser and Agency, if there be one, each agrees to be jointly and severally liable for the payment of all bills and
charges incurred. Advertiser authorizes Publisher, at its election, to tender any bill to Agency, and such tender shall constitute notice to Advertiser of the bill and shall in no way impair the joint and several liability of Advertiser and Agency.
Payment by Advertiser to Agency shall not discharge Advertisers liability to Publisher. The rights of Publisher shall in no
way be affected by any dispute or claim as between Advertiser and Agency. Advertiser confirms that it has appointed
Agency, if one is specified, to be its authorized representative with respect to all matters relating to advertising placed
on Advertisers behalf with the understanding that Agency may be paid a commission.
6. Advertiser and its Agency, if there be one, represent and warrant that: (i) Advertisers websites, mobile sites, applications, and/or similar services that are associated with advertising purchased hereunder shall contain all necessary
consumer disclosures required by applicable federal, state and local laws, rules and regulations, including, but not
limited to, an accurate privacy policy (and Advertiser shall not violate the terms of such disclosures); (ii) there is nothing
in any advertisement or other material (including but not limited to software and/or product samples) provided by
Advertiser or Agency, or in any material to which the advertisement or other material links or refers, that violates any
personal or proprietary right of any third party (including, but not limited to, copyright, trademark, patent, service mark,
(See other side for continuation of terms and conditions)

________________________________________________________________________________________
Advertisers Signature
________________________________________________________________________________________
Alabama Media Group Advertising Representative

________________________________________________________________________________________
Advertisers Printed Signature

________________________________________________________________________________________
Alabama Media Group Advertising Director

________________________________________________________________________________________
Type of Business
________________________________________________________________________________________
Name of Person Individually Liable

Corporate Partnership Assumed Name

TERMS AND CONDITIONS continued

misappropriation, unfair competition, trade secret, privacy publicity rights, etc.), constitutes false advertising, is
harmful, or violates any law or governmental regulation; (iii) none of the advertisements or other materials provided
to Publisher for display on its Websites or Apps cause the download or delivery of any software application, executable code, any virus or malicious or social engineering (e.g., phishing) code or features; and (iv) it will not conduct
or undertake, or authorize any third party to conduct or undertake, any unlawful or improper actions in connection
with the Websites or Apps, including, but not limited to, generating automated, fraudulent or otherwise invalid
clicks or impressions on Publishers Websites or Apps. As part of the consideration to induce Publisher to publish,
distribute, display, perform or transmit (collectively referred to herein as Publish or Published or Publishing)
such advertisement, Advertiser and its Agency, if there be one, each agrees to jointly and severally defend, indemnify
and hold harmless Publisher, its employees, and representatives against all liability, loss, damage and expense of any
nature, including but not limited to attorneys fees, arising out of (a) the Publishing of any advertisement submitted
by or on behalf of the Advertiser regardless of whether Publisher participated in the creation of such advertisement,
or the linkage of any advertisement to any other material, or the loss, theft, use, or misuse of any credit or debit card
or other payment, financial, or personal information; (b)any violation of the CAN-SPAM Act or other laws relating to
Advertisers advertisements, including, but not limited to, commercial messages e-mailed on Advertisers behalf by
Publisher; (c) the products and/or services promoted, sold, presented and/or contained in Advertisers advertisements;
and (d) a breach or alleged breach of its covenants, warranties and obligations under these advertising contract
terms and conditions.

16. Publisher does not guarantee any given level of circulation or readership. In addition, Publisher makes no guarantee or representation as to the quantity and quality of visits, impressions, circulation, or other usage of its Website
or Apps or of the advertisement, or as to the use of any particular tracking or information-gathering devices, unless
Publisher expressly agrees otherwise in writingTo the extent Publisher fails to provide Advertiser/Agency with any
guaranteed impressions on its Website or Apps (if expressly agreed to by Publisher in writing). Publisher will provide as
a sole remedy a makegood, by extending the order beyond the contracted advertising flight period until the remainder
of the guaranteed impressions are delivered. For the purpose of clarification, Advertisers/Agencies that request a special billing schedule or an upfront bill will not receive refunds/adjustments in the case of under delivery of guaranteed
impressions (if applicable).

7. Advertiser shall have the right to revoke its agency at any time during the period of this agreement effective upon
receipt by Publisher of notice in writing; in such event, Publisher may, at its option, terminate this agreement. If Advertiser shall designate another agent Publisher may, at its option, recognize such agent upon receipt of an agreement
by said agent to be bound by the terms of this agreement and to become liable for the payment of all bills due and to
become due under this agreement.

18. Failure by Publisher to enforce any provision of this agreement shall not be considered a waiver of such provision.
Unless inconsistent with the express terms of this agreement, all orders are subject to the terms of Publishers applicable rate card. Advertiser and Agency acknowledge receipt of a copy of said rate card.

8. Publisher reserves the right, at its absolute discretion and at any time, to cancel any advertising or reject any
advertising copy, whether or not the same has already been acknowledged and/or previously Published, including but
not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. In the event of such cancellation or rejection by Publisher, advertising already run shall be paid for at the rate
that would apply if the entire order were Published and no short rate will apply. The rejection of copy by the Publisher
shall require Advertiser and/or Agency to supply new copy acceptable to the Publisher. Advertisements that simulate
editorial content must be clearly labeled ADVERTISEMENT or PROMOTION or SPECIAL ADVERTISING SECTION at
the top of the advertisement, and Publisher may, in its sole discretion, so label such copy.
9. Publisher, at its option, may terminate this agreement for the breach of any of the terms hereof, it being specifically understood without limitation that failure on the part of either Advertiser or Agency to pay each bill on or before
its due date shall constitute a breach. Should Publisher terminate this agreement, all charges incurred together with
shortrate charges shall be immediately due and payable.
10. Any bill tendered by Publisher shall be conclusive as to the correctness of the item or items therein set forth and
shall constitute an account stated unless written objection is made thereto within ten days from the rendering thereof.
In addition, unless otherwise agreed on the cover page of this agreement, all impressions and/or other measurements of
ads hereunder shall be solely based on Publishers calculations.
11. This agreement may not be assigned by Advertiser or Agency without the prior written consent of Publisher, and
any assignment without such consent shall be null and void. Advertiser or Agency may not use any space for the
advertisement either directly or indirectly of any business organization, enterprise, product, or service other than that
for which the advertising space is provided by Publisher, nor may Advertiser or Agency authorize any others to use any
advertising space.
12. Orders containing terms, rates or conditions or specifying positions, facings, editorial adjacencies or other requirements may be accepted but such terms, rates, conditions or specifications are not binding unless Publisher has specifically agreed to them in writing.
13. In the event of a suspension of publication of Publishers Newspaper, Website and/or Apps due to strike, accident,
fire, flood, computer or software/network malfunction, congestion, repair, Internet outages or any other cause or
contingencies beyond the control of Publisher, it is understood and agreed that such suspension shall not invalidate this
contract, but a) will give Publisher the option to cancel this agreement, or if Publisher does not do so, b) upon resumption of publication this contract shall be continued and no liability for damages shall be incurred by the Publisher by
reason of such suspension.

17. Publishers sole liability (and Advertisers and Agents sole remedy) for errors and/or omissions by Publisher in
published advertisements shall be to provide Advertiser a credit for the actual space of the error or omission (in no
event shall such credit exceed the total amount paid to Publisher for the applicable advertisement), and Publisher shall
have no liability unless the error or omission is brought to Publishers attention no later than 5 working days after the
advertisement is first Published. However, if a copy of the advertisement was provided to or reviewed by Advertiser,
Publisher shall have no liability. IN NO EVENT SHALL PUBLISHER BE LIABLE TO ADVERTISER, AGENCY OR ANY OTHER
PARTIES FOR ANY FURTHER DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT OR ANY BREACH THEREOF,
INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.

19. Advertiser and Agency recognize that the copyright in any advertisements created by Publisher is owned by
Publisher. As to all other advertisements, Advertiser and Agency agree that Publisher has the non-exclusive right, for
the full term of copyright, by itself or through third parties, to republish, retransmit, re-perform, redistribute or otherwise
re-use any advertisements submitted hereunder in any form in which the advertisements may be Published or used (in
any media now in existence or hereafter developed) in whole or in any part, whether or not combined with material of
others.
20. This agreement will be construed in accordance with the laws of the State of Alabama. Any action based on or
alleging a breach of this agreement must be commenced in a state or federal court in or near Birmingham, Alabama;
and the parties hereby consent to the exclusive jurisdiction of such courts in connection with this Agreement.
21. Advertiser and Agency understand that advertisements and/or other commercial messages sent on its behalf by
Publisher via electronic mail may be governed by federal, state and local laws, rules and regulations, including without
limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and any acts related
thereto, and including the interpretation thereof by the FTC or other governmental authorities (collectively, the CANSPAM Act) and state Do Not E-mail registries. Advertiser and Agency agree to comply with all such applicable laws,
rules and regulations. Without limiting the generality of the foregoing, Advertiser and Agency shall fulfill all obligations
of a Sender as defined in the CAN-SPAM Act, and comply with Publishers policies intended to comply therewith.
22. All data collected by Publisher, Advertiser and/or any third party in connection with this agreement shall be exclusively owned by Publisher, and not used or disclosed by Advertiser/Agency without Publishers prior written approval in
each instance.
23. The titles and logos of the Publishers Newspapers, Website and Apps are registered trademarks and/or trademarks
protected under common laws. Neither the titles nor the logos may be used without the express written permission of
Publisher.
24. This agreement may be executed by Advertiser/Agency by manual, facsimile or scanned PDF signatures (or by
clicking accept or similar terminology online), and in any number of counterparts, each of which will be deemed an
original and all which together will constitute one and the same instrument.

14. Interest will accrue at a rate of one and one-half percent (1.5%) per month (or such other maximum amount as is
permissible by law) on all past due balances. If it becomes necessary to place with an attorney for collection any claim
for funds due under the terms of this agreement, then Advertiser and Agency agree to pay to Publisher the reasonable
attorneys fees arising from such collection.

25. PUBLISHER DISCLAIMS ALL WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES FOR NONINFRINGEMENT, ACCURACY, AVAILABILITY, UPTIME, MERCHANTABILITY AND/OR
FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE DISPLAY, PERFORMANCE AND TRANSMISSION OF
ADVERTISEMENTS IN PUBLISHERS NEWSPAPERS, WEBSITES AND APPS. Advertiser and Agency acknowledge that third
parties other than Publisher may generate automated, fraudulent or otherwise invalid/improper impressions, conversions, inquiries, clicks or other actions on Advertisers advertisements displayed on Publishers Websites and/or Apps.
As between Advertiser and Publisher, Advertiser accepts the risk of any such improper actions. Advertisers exclusive
remedy for such suspected improper actions is for Advertiser to request a refund relating to its impacted advertisements
in the form of advertising credits on the applicable Website or App within thirty (30) days from the end of the calendar
month in which such advertisement is initially displayed on the applicable Website or App. Any advertising credit
refunds in connection with the Advertisers aforementioned requests are within the sole discretion of Publisher.

15. If during the period of this agreement Publisher revises its advertising rates, Advertiser and Agency agree to be
bound by such rates provided Publisher gives at least thirty (30) days notice of such increase. However, in such event
Advertiser may elect not to place any further advertisements after the effective date of the increase, and if no space is
used after the effective date of the increase, no short rate will be charged on space used prior to such increase

26. The foregoing terms shall govern the relationship between Publisher and Advertiser and Agency. Publisher has not
made any representations to Advertiser or Agency that are not contained herein. Unless expressly agreed to in writing
signed by an officer or senior executive of Publisher, no other terms and conditions in insertion orders, contracts, clickthrough terms and conditions, copy instruction, letters, or otherwise will be binding on Publisher.

___________Client Initials _________________________________Date

You might also like