Advertising Agreement
RENTFIT.COM’S ADVERTISING AGREEMENT FOR PRINT AND WEB SITE ADS
Certified ROI (California Corporation) is the Publisher of Rentfit.com magazines and website and will be referred to as “Publisher” in this Agreement.
1. NO LONG TERM CONTRACT. Advertiser agrees to run their print ad(s) for the entire three month issue. Advertiser agrees to run their website ad(s) for the entire one month issue. Advertiser agrees to automatically renew these ads at the end of each issue, unless they provide a written 30 day notice before the start date of the next print or web ad issue. This notice must be provided by email to [email protected].
2. PRINT DEADLINES. Publisher has two print ad deadlines. One is the 'ad space, copy & photo deadline' and the other is the 'proof deadline'. Please see Rentfit.com's current production schedule for these deadlines. If Advertiser fails to comply with any deadline, Publisher may run their ad as it was published in the last print cycle or as it appeared in the last proof Publisher provided Advertiser.
3. AD POSITION AND AD DESIGN. The content, format and location of all advertising are subject to the approval and the sole discretion of the Publisher. Publisher reserves the right to edit, reject or change the location in the magazine or website, any part or all advertising, in the best interest of the Publisher.
4. ERRORS AND/OR OMISSIONS IN ADS.
Proofing: If ad proofs are provided, please check them carefully. Publisher is not liable for any error and/or omission to Advertisers ad. Advertiser must provide any ad changes within deadlines and in writing by email to the Publishers email address at [email protected].
Errors and/or omissions regardless of proofs: No credit will be made for any errors that do not materially affect the value of the advertisement. If a credit is provided by Publisher, the credit will be based on a “Pro rata” percentage basis, according to the physical size of the error compared to the overall physical size of the advertisement. Credit for Publisher’s errors and/or omissions in advertisement will be allowed for the first insertion only, even if the ad has ran multiple cycles with the error. All claims for omissions or errors must be made in writing, within 30 days of the publication date of the ad affected.
Limitations in liability. Publisher’s liability for all damages resulting from any omissions or errors is limited to the entire cost of the one ad affected. ADVERTISER EXPRESSLY WAIVES AND RELEASES PUBLISHER FROM ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS OR BUSINESS).
No Warranty. Advertiser agrees that Publisher, its licensors, employees or agents do not warrant either the results from the advertisement or that Publisher’s performance will be uninterrupted or error-free. PUBLISHER’S GOODS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER PUBLISHER NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING GOODS OR SERVICES UNDER THE AGREEMENT SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE AGREEMENT.
5. PAYMENT TERMS AND CONDITIONS.
Net 30 day terms. All payment for ads must be received by Publisher no later than 30 days from the start date of the ad. In the case of 3 month print ads, each month's payment must be received by the end of each month the ad was displayed in the magazine.
Collection costs. In the event it becomes necessary for Publisher or it’s assignee to threaten or institute proceedings against Advertiser for collection of amounts unpaid under the terms of the Agreement, Advertiser agrees to pay all costs of collection, including reasonable attorneys, collection agency and/or court costs and fees.
Cancellation of ad for delinquent payment. If any undisputed payment due Publisher is not paid within 30 days, or in the event of any material breach of any of the terms and conditions herein, in addition to its other rights, Publisher may terminate the Agreement for cause. Delinquent accounts, in addition to Publisher’s other remedies, may be subject to withholding of any other advertising or products or services until Advertiser’s accounts are paid in full.
6. MISCELLANEOUS.
Advertiser provided artwork. Publisher shall not be liable for lost or damaged artwork or other materials submitted to it.
Copy write and trademark infringement. Advertiser agrees to indemnify, defend and hold Publisher harmless against any claims, demands, causes of action, judgments, costs or expenses (including attorney’s fees) arising out of or related to (1) a breach by the Advertiser of any representation, warranty, or covenant under the Agreement, (2) any suit, claim or proceeding for libel, under trade practices, unfair competition and all violations of the right of privacy resulting from the publication by the Publisher of the Advertiser’s material, or (3) any suit, claim or proceeding by any third party alleging that the Advertiser or advertising supplied by the Advertiser, infringes a trademark, copyright or other intellectual property right of any third party; provided that the Publisher give the Advertiser prompt written notice of any such claim or proceeding and, provided further, that the Advertiser shall have the opportunity to defend any such claim. This indemnification obligation shall survive the termination of the Agreement.
Force majeure. In the event of war, flood, fire, strike, act of terrorism, or other emergency beyond the control of the parties which prevents performance of the Agreement by either party, performance shall be suspended during the period(s) either party is unable to perform, and the terms of the Agreement shall be extended for a like period of time. No obligation shall arise between the parties by reason of such emergency suspension, except for the extension obligation set forth above.
Rate card Except as to matters specifically superseded by Addenda, all terms and conditions in the current Rate cards shall apply as if written herein and shall be incorporated herein by reference.
Entire agreement. This Agreement constitutes the entire agreement of the parties with regards the subject matter hereof, and supersedes any and all prior oral and/or written agreements. No modification, alteration or addition to these terms shall be enforceable unless expressly accepted by Publisher in writing.
Termination. Either party may terminate the Agreement for cause, if a party breaches any of its material obligations under the Agreement and such default is not remedied within 10 days from receipt of written notice from the non-defaulting party.
Changes to terms. Publisher reserves the right, to revise its terms and conditions, Rate Cards, Production Schedules, and other requirements addressed within these, at any time upon 30 days written notice to Advertiser. Advertiser may, without being subject to the Cancelation Fees, cancel this Agreement by written notice within 30 days of receipt of such changes. If Advertiser does not cancel the Agreement within those 30 days, the Advertiser shall be deemed to have accepted the changes. Neither the course of conduct between the parties nor trade practice shall act to modify the provision of the Agreement. The invalidity of any provision of the Agreement shall not affect the validity or enforceability of any of the remaining provisions hereof. If any action at law or in equity shall be necessary to enforce or interpret the terms of the Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs and disbursements, in addition to any other relief to which it may be entitled.
Governed by the laws of the State of California and Fresno County. The Agreement will be governed by and interpreted in accordance with the laws of the State of California without giving effect to any conflicts of law principles. Advertiser agrees that venue for such will be Fresno County, California.
Cumulative. The rights and remedies of Publisher are cumulative.
Incidental advertising. This Agreement controls all advertising by Advertiser with Publisher during the duration of this agreement, and all incidental advertising up until the next written agreement.
Publisher reserves right not to provide advertising. Publisher reserves the right to not provide our services to other parties at its discretion and according to its sole needs.
Certified ROI (California Corporation) is the Publisher of Rentfit.com magazines and website and will be referred to as “Publisher” in this Agreement.
1. NO LONG TERM CONTRACT. Advertiser agrees to run their print ad(s) for the entire three month issue. Advertiser agrees to run their website ad(s) for the entire one month issue. Advertiser agrees to automatically renew these ads at the end of each issue, unless they provide a written 30 day notice before the start date of the next print or web ad issue. This notice must be provided by email to [email protected].
2. PRINT DEADLINES. Publisher has two print ad deadlines. One is the 'ad space, copy & photo deadline' and the other is the 'proof deadline'. Please see Rentfit.com's current production schedule for these deadlines. If Advertiser fails to comply with any deadline, Publisher may run their ad as it was published in the last print cycle or as it appeared in the last proof Publisher provided Advertiser.
3. AD POSITION AND AD DESIGN. The content, format and location of all advertising are subject to the approval and the sole discretion of the Publisher. Publisher reserves the right to edit, reject or change the location in the magazine or website, any part or all advertising, in the best interest of the Publisher.
4. ERRORS AND/OR OMISSIONS IN ADS.
Proofing: If ad proofs are provided, please check them carefully. Publisher is not liable for any error and/or omission to Advertisers ad. Advertiser must provide any ad changes within deadlines and in writing by email to the Publishers email address at [email protected].
Errors and/or omissions regardless of proofs: No credit will be made for any errors that do not materially affect the value of the advertisement. If a credit is provided by Publisher, the credit will be based on a “Pro rata” percentage basis, according to the physical size of the error compared to the overall physical size of the advertisement. Credit for Publisher’s errors and/or omissions in advertisement will be allowed for the first insertion only, even if the ad has ran multiple cycles with the error. All claims for omissions or errors must be made in writing, within 30 days of the publication date of the ad affected.
Limitations in liability. Publisher’s liability for all damages resulting from any omissions or errors is limited to the entire cost of the one ad affected. ADVERTISER EXPRESSLY WAIVES AND RELEASES PUBLISHER FROM ANY AND ALL LIABILITY FOR INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS OR BUSINESS).
No Warranty. Advertiser agrees that Publisher, its licensors, employees or agents do not warrant either the results from the advertisement or that Publisher’s performance will be uninterrupted or error-free. PUBLISHER’S GOODS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER PUBLISHER NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING GOODS OR SERVICES UNDER THE AGREEMENT SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE AGREEMENT.
5. PAYMENT TERMS AND CONDITIONS.
Net 30 day terms. All payment for ads must be received by Publisher no later than 30 days from the start date of the ad. In the case of 3 month print ads, each month's payment must be received by the end of each month the ad was displayed in the magazine.
Collection costs. In the event it becomes necessary for Publisher or it’s assignee to threaten or institute proceedings against Advertiser for collection of amounts unpaid under the terms of the Agreement, Advertiser agrees to pay all costs of collection, including reasonable attorneys, collection agency and/or court costs and fees.
Cancellation of ad for delinquent payment. If any undisputed payment due Publisher is not paid within 30 days, or in the event of any material breach of any of the terms and conditions herein, in addition to its other rights, Publisher may terminate the Agreement for cause. Delinquent accounts, in addition to Publisher’s other remedies, may be subject to withholding of any other advertising or products or services until Advertiser’s accounts are paid in full.
6. MISCELLANEOUS.
Advertiser provided artwork. Publisher shall not be liable for lost or damaged artwork or other materials submitted to it.
Copy write and trademark infringement. Advertiser agrees to indemnify, defend and hold Publisher harmless against any claims, demands, causes of action, judgments, costs or expenses (including attorney’s fees) arising out of or related to (1) a breach by the Advertiser of any representation, warranty, or covenant under the Agreement, (2) any suit, claim or proceeding for libel, under trade practices, unfair competition and all violations of the right of privacy resulting from the publication by the Publisher of the Advertiser’s material, or (3) any suit, claim or proceeding by any third party alleging that the Advertiser or advertising supplied by the Advertiser, infringes a trademark, copyright or other intellectual property right of any third party; provided that the Publisher give the Advertiser prompt written notice of any such claim or proceeding and, provided further, that the Advertiser shall have the opportunity to defend any such claim. This indemnification obligation shall survive the termination of the Agreement.
Force majeure. In the event of war, flood, fire, strike, act of terrorism, or other emergency beyond the control of the parties which prevents performance of the Agreement by either party, performance shall be suspended during the period(s) either party is unable to perform, and the terms of the Agreement shall be extended for a like period of time. No obligation shall arise between the parties by reason of such emergency suspension, except for the extension obligation set forth above.
Rate card Except as to matters specifically superseded by Addenda, all terms and conditions in the current Rate cards shall apply as if written herein and shall be incorporated herein by reference.
Entire agreement. This Agreement constitutes the entire agreement of the parties with regards the subject matter hereof, and supersedes any and all prior oral and/or written agreements. No modification, alteration or addition to these terms shall be enforceable unless expressly accepted by Publisher in writing.
Termination. Either party may terminate the Agreement for cause, if a party breaches any of its material obligations under the Agreement and such default is not remedied within 10 days from receipt of written notice from the non-defaulting party.
Changes to terms. Publisher reserves the right, to revise its terms and conditions, Rate Cards, Production Schedules, and other requirements addressed within these, at any time upon 30 days written notice to Advertiser. Advertiser may, without being subject to the Cancelation Fees, cancel this Agreement by written notice within 30 days of receipt of such changes. If Advertiser does not cancel the Agreement within those 30 days, the Advertiser shall be deemed to have accepted the changes. Neither the course of conduct between the parties nor trade practice shall act to modify the provision of the Agreement. The invalidity of any provision of the Agreement shall not affect the validity or enforceability of any of the remaining provisions hereof. If any action at law or in equity shall be necessary to enforce or interpret the terms of the Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs and disbursements, in addition to any other relief to which it may be entitled.
Governed by the laws of the State of California and Fresno County. The Agreement will be governed by and interpreted in accordance with the laws of the State of California without giving effect to any conflicts of law principles. Advertiser agrees that venue for such will be Fresno County, California.
Cumulative. The rights and remedies of Publisher are cumulative.
Incidental advertising. This Agreement controls all advertising by Advertiser with Publisher during the duration of this agreement, and all incidental advertising up until the next written agreement.
Publisher reserves right not to provide advertising. Publisher reserves the right to not provide our services to other parties at its discretion and according to its sole needs.