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Please complete,
sign, and return original to above address.
Keep a copy for your files.
Advertising Agreement
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Company
Name
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Authorized
Buyer
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Street
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Ad
Agency
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City/State/Zip
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Street
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Phone
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City/State/Zip
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Fax
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Contact/Title
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E-Mail
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Phone/Fax
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The
undersigned hereby authorizes and directs the publication of its
advertising in Aero Connections Magazine pursuant to the terms and
conditions in the TERMS AND CONDITIONS OF AGREEMENT set forth on
the reverse side of this agreement.
This agreement and the Aero
Connections Magazine TERMS AND CONDITIONS OF AGREEMENT set
forth all of the terms and conditions governing the Agreement.
No representation or promises of any kind not set forth
herein shall bind or in any way affect the obligations of the
parties to this Agreement. This
Agreement is Non-assignable and Non-cancelable.
The undersigned hereby authorizes Aero
Connections Magazine to obtain such information as
required concerning the above statements within the framework of
the Fair Credit Reporting Act and warrants information as
submitted is true and accurate.
Applicant also acknowledges and grants permission to Aero
Connections Magazine to access their personal credit
report which will bear on the final decision of Aero
Connections Magazine in entering into this Agreement.
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Personal
Guarantor Signature
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Print
Name
Title
Date
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Office use:
Closing person _______________________________________
date ____________________
Terms
and Conditions of Agreement
This
Agreement is between Aero Connections Magazine herein after called ACM and the
customer name on the face of this Agreement, hereinafter referred to as
Advertiser. This Agreement is binding if signed by the Advertiser, their
authorized agent or advertising agency. The terms of this agreement are
not altered if authorized agency is fired or dismissed.
Advertiser
agrees that it shall provide ACM with advertising copy in accordance with ACM
instructions on or before the date(s) established by ACM as the closing date for
the publication in which the advertisement is to appear. In the event
Advertiser fails to do so for any reason, ACM shall print Advertiser’s
previously approved copy. There shall be no reduction in the amount due
ACM hereunder in the event of such occurrence.
Unilateral
cancellation of the advertising space purchased by Advertiser pursuant to the
terms of this agreement is not permitted, in whole or part, either before or
after the scheduled closing date for any publication(s) in which Advertiser has
purchased advertising space. Any attempt to do so shall not reduce
Advertiser’s obligation to pay all sums due hereunder.
Advertiser
shall, at it’s sole cost and expense, indemnify, hold harmless and defend ACM
from any and all liabilities, damages, costs, expenses, (including but not
limited to attorneys’ fees and litigation expenses) and/or claims arising or
alleged to have risen, directly or indirectly, out of the advertising copy
provided by advertiser, whether such claim is based on alleged copyright and/or
trademark violation, trade libel, obscenity, misrepresentation,
misappropriation, unfair competition or otherwise.
Advertiser
agrees that if for any reason its advertisement does not appear when requested,
its sole remedy shall be to require ACM, at its option, to reschedule
publication of the advertisement and/or provide a prorata credit to Advertiser.
In no event shall ACM or any other party involved in the production,
distribution and/or sale of the publication(s) be liable to Advertiser for any
special or consequential damages or for loss of profits doe to publication of an
advertisement on other than the date requested for the failure to publish such
advertisement as submitted.
ACM,
in its sole discretion reserves the right not to accept any advertisement copy
provided by any Advertiser. In such event, ACM shall not be required to
provide the Advertiser with any reason for such rejection. ACM reserves
the right to limit the amount of space afforded any one Advertiser to any
category of advertising (whether by product line or motif) appearing in any of
its publications.
Neither
ACM nor any party involved in the printing, publication, distribution or sale of
the publication shall be responsible or liable for delays due to strikes,
lockouts,
Embargos,
labor problems fuel or power shortages, fire, floods, accidents, civil
disturbances, war, acts of God, or other causes beyond ACM control.
ACM
agrees to reimburse Advertiser for any mechanical and engraver charges incurred
by Advertiser in replacing materials lost or damaged while in the possession or
control of ACM.
Advertiser
shall pay ACM the aggregate amount set forth on the face of this agreement
within thirty (30) days following receipt of an invoice for such amount.
In the event of late payment, a late charge equal to 1-½% per month (or if that
rate be unlawful, the maximum rate allowed by law) of the face amount of the
invoice shall accrue. If ACM institutes legal proceeding to collect any of
this amount due or for the breach of any term of this Agreement, the Advertiser
agrees to pay all attorney fees, court costs and any other collections costs
incurred, such as third party collection agency costs.
At
its sole option, ACM may cancel this agreement at any time in the event
Advertiser fails to pay the aggregate sums due hereunder, or in the event of any
other breach of this Agreement by Advertiser. Upon such cancellation, all
costs incurred by ACM for Advertiser shall become immediately due and payable.
If
Advertiser defaults in the payment of ACM’s invoice or if in the judgment of
ACM, Advertiser’s credit becomes impaired, ACM shall have the right to require
payment for any future advertising in advance of publication or upon such other
terms as ACM may deem appropriate.
ACM
subject to all the limitations and exceptions set forth in this Agreement,
represents and warrants to Advertiser that its advertisement will be reproduced
in accordance with industry standards.
A
waiver by either party of any default and breach by the other part shall not be
considered as a waiver of any subsequent default or breach of the same or any
other provision of the Agreement.
IF
OWNER IS NOT SIGNING AGREEMENT, CAREFULLY READ THE FOLLOWING STATEMENT: I am
aware that our company has entered into Aero Connections Magazine’s standard
Advertising Agreement. The owner of our company is aware of this Agreement
and has given his/her full consent to my signing this agreement as the legal
company agent. The owner and I are also aware of the Terms and Conditions
outlined on the back of the Advertising Agreement We also understand the monthly
advertising fee.
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(initials of Advertiser)
Aero
Connections Magazine
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