ADVERTISING PURCHASING AGREEMENT
Please read and sign the following:
THE CLASSY SHOPPER GOLD BOOK MINI ADVERTISING COMMITMENT: Commissioned by Boyer Marketing Team of America, LLC (Developer) In consideration of the rate advantages offered, the Advertiser agreed for their business to be included in The Classy Shopper Gold Book Mini, a referral publication by Publisher. Total cost for advertising in The Classy Shopper Gold Book Mini is $125.00 (One-time) and $15.95 / mo after 60 days; no contract, cancel at anytime. Rate agreement is for contracted The Classy Shopper Gold Book Mini only. Advertiser understands this is a one-time agreement and cancellation will not be accepted 45 days (45) before publication. DESCRIPTION OF MATERIALS TO BE SUPPLIED BY ADVERTISER: In consideration of the rate advantages offered, the Advertiser agreed for their business to be included in The Classy Shopper Gold Book Mini, a referral publication. Advertiser will provide: Company contact information, maximum of 4 pictures (300 dpi/tif format/5 x7 maximum), web and E-mail link, logo, and any additional information deemed appropriate for your business. Total cost to advertise in The Classy Shopper Gold Book Mini is $125.00. Advertiser understands that this is a one-time fee and the ad will be included in 2,500 referrals books. Advertiser shall receive 60 days of free listing on The Preferred Partners profile page then its $15.95 / mo; no contract, cancel at anytime. IT IS THE SOLE RESPONSIBILITY OF THE ADVERTISER to provide camera ready images via E-mail 45 days before print date unless otherwise noted in this Agreement. TERMS, CONDITIONS, & GENERAL POLICIES FOR THE CLASSY SHOPPER GOLD BOOK MINI ADVERTISING 1. The Publisher reserves the right to reject or cancel any advertisement(s) at its sole discretion. 2. All artwork submitted to the Publisher becomes the sole property of the Publisher and cannot be returned. 3. Time for Payment. Full payment of $157.95 is due on contract signing. The grant of any license or right of copyright is conditioned on receipt of full payment. No cost increase unless agreed upon by Advertiser to work for deliverables receive according to specification. 4. All advertisements are accepted and produced by the Publisher on the representation that the advertiser and/or advertising agency is properly authorized to publish the entire contents and subject matter thereof. It is understood that the Advertiser and/or agency will indemnify any loss, expense or any other liability arising out of publication of such advertisement. 5. No conditions, printed or otherwise, appearing on the contract order or copy instructions, which conflict with the Publisher’s policies, will be binding on the Publisher, unless specifically agreed to in writing by the Publisher. 6. The Publisher reserves the right to hold the Advertiser and/or the Advertising Agency jointly and severally liable for such monies as are due and payable to the Publisher. 7. The Publisher cannot be held responsible for the quality of reproductions when specifications are not adhered to or when materials are not received by specified dates. “Camera ready” art/ads from advertisers must be of the exact specifications required by the Publisher. Art/ad specifications pertain to any/all of the following: art/ad size, resolution of output or items submitted for output, line screen, etc. If these specification guidelines are not adhered to in the strictest sense, the Publisher reserves the right to not accept the art/ad as camera ready and make adjustments to the advertisers price of the ad according to the current Publisher’s price guidelines. 8. Any advertising agreement subject to cancellation must be accepted and acknowledged in writing by the Publisher in advance of the publication closing date. Cancellations will be subject to prorate to cover expenses toward said advertising. 9. It is the sole responsibility of the Advertiser to proof their ad for correctness. It is the Advertiser’s responsibility to submit artwork to the Publisher via e-mail. 10. No employee or agent of the Advertiser has the authority to change any of the terms, conditions, and/or general policies of The Boyer Elite Gold Book unless specifically agreed to in writing by the Publisher. 11. The Publisher reserves the right to alter and/or change any Advertiser’s layout, artwork and/or advertisement that does not conform to the Publisher’s specifications without notice to the Advertiser. The Advertiser understands that there will be additional charges assessed to the Advertiser to alter and/or change Advertiser’s artwork and/or advertisement to conform to the Publisher’s specifications. 12. Although the Publisher will make every effort to print and distribute The Boyer Elite Gold Book by the issue date, the Publisher shall not be held liable, and the Advertiser agrees to waive it’s rights to hold the Publisher liable for failure to distribute any issue of The Boyer Elite Gold Book by the issue date. 13. Advertiser agrees that under no circumstance whatsoever, will Publisher be accountable to the Advertiser for any claim, loss of advertising, loss of business; failure to print and/or publish that would exceed the Advertiser’s PAID amount. 14. The Advertiser warrants that he/she is the duly authorized and appointed agent for or representative of, the product or service or place of business to be advertised under this Agreement and agrees to hold the Publisher harmless from any and all claims in any manner resulting from said advertising. 15. Website Landing Page Requirements. The Advertiser web site link provided to Publisher, also known as landing page must be directly relevant to Advertiser ad provided to Publisher. Furthermore, the web link provided to Publisher must not redirect users to another page other than the original web link provided. Your site must not contain spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience. Client agrees that the landing page will not sneak onto a user's system and performs activities hidden to the user that may alter, harm, disable or replace any hardware or software installed on user's computer without express permission, is bundled as a hidden component of other software (regardless of cost), violates or infringes upon the intellectual property rights (copyright, trademark, patent, or any other proprietary right) of any third party. 16. Warranty of Originality. The Advertiser warrants and represent that, to the best of his/her knowledge, that any picture, picture reproduction, any endorsement, trade mark or trade name assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original that the Publisher has full authority to make this agreement; and that the work prepared by the Publisher does not contain any scandalous, libelous, or unlawful matter; this warranty does not extend to any uses that the Advertiser or others may make of the Publisher product, which may infringe on the rights of others. Furthermore, the Publisher disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use. ADVERTISER EXPRESSLY AGREES THAT IT WILL HOLD THE DEVELOPER HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENTS USE OF THE DEVELOPERS PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS. 17. The Advertiser is fully aware and understands the nature and content of The Boyer Elite Gold Book and that it is a referral publication that contains information for our readers. As a result the following are prohibited businesses, products and/or services: Gambling and offensive language, get rich schemes, any illegal activity, adult content in any fashion, hate speech, provocative images or languages, or whatever our team deems inappropriate behavior for our unique target readership. 18. Publisher reserves the right to decline any advertisement, before or after published closing date, including any prepaid, paid and/or unpaid advertisement. All copy, text, photos, and illustrations in advertisements are published with the understanding that the Advertiser is fully authorized, has secured proper consent for use of such material, and that the Publisher may lawfully publish Advertiser’s material. The Advertiser agrees to indemnify and hold the Publisher, its’ employees, officers, agents, and business affiliations harmless from any and all liability, loss and expense of any nature whatsoever incurred as a result of publishing said advertisement. 19. Unauthorized Use and Program Licenses. The Advertiser will indemnify the Publisher against all claims and expenses arising from uses for which the Advertiser does not have rights to or authority to use. The Advertiser will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments. 20. Limitation of Liability. Advertiser agrees that it shall not hold the Publisher or his/her agents or employees liable for any incidental or consequential damages which arise from the Publisher failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Publisher or a third party. Furthermore, the Publisher disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use. 21. Dispute Resolution. Any disputes in excess of maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrators award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Advertiser shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Publisher. 22. Confidential Information. The Publisher acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Advertiser, including all materials containing said information, which are supplied by the Advertiser to the Publisher or developed by the Publisher in the course of developing The Boyer Elite Gold Book are to be considered confidential if it is already publicly known through no act of the Publisher.
[ Top ]
Corporate Mailing Address
14071 Peyton Dr. #1603 • Chino Hills, CA 91709
(909) 461-6138 (Monday to Friday from 9:00 AM - 4:00 PM PCT)