New York State Advertising

Payment. Advertiser shall make payment according to the terms on the Company's invoice. Advertiser will be assessed a 1.5% monthly finance charge on all past due balances. If Advertiser fails to make payment when due, Company may reject advertising copy and or immediately cancel this contract, and Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of amounts payable under this contract, including court costs and attorneys' fees. If this contract is canceled due to Advertiser's failure to make timely payment, Company may rebill Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable.

Right to Edit, Reject. The Company may edit, reject, cancel or re-classify any advertisement at any time.

Indemnification. Advertiser agrees to indemnify, defend and hold harmless the Company from all claims (whether valid or invalid), suits, judgments, proceedings, losses, damages, costs and expenses, of any nature whatsoever (including reasonable attorney's fees) for which the Company or any of its affiliates may become liable by reason of Company's publication of Advertiser's advertising.

Rates. The Company may revise its schedule of rates at any time by giving 30 days written notice to Advertiser. If Advertiser elects not to accept the rate revision it may terminate the contract by written notice prior to the time the new rates become effective. If an advertiser does not provide such written notice, it shall be deemed to have accepted such revised rates.

News-Style Ads. The Company may insert the word "Advertisement" in any advertisement that appears to be a news item.

Agency Commissions. If an Advertiser employs an agency ("Agency"), the Advertiser and the Agency shall be jointly and severally liable for payment and for compliance with all terms of the Advertiser's contract. Agency commission, if any, shall apply to all space charges, color charges and adjustments under the Advertiser's contract, including payment for all advertising.

Nonsequential Liability. Advertiser's contract renders void any statements concerning liability which appear on correspondence from Advertiser or its Agency, and is irrevocable without the written consent of Company's Credit Department. It is further agreed that the Company does not accept advertising orders or space reservations claiming sequential liability. Ownership of Ad Copy. All advertising copy that represents the creative effort of Company and/or the utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of Company, including all rights of copyright therein. The advertiser cannot authorize photographic or other reproductions in whole or in part of any such advertising copy for use in any other medium without the expressed written consent of the Company.

Advertiser's Credit. If an Advertiser or Agency has established credit with the Company, advertising will then be billed at the commissionable or non-commissionable rates as set forth in the current rate card and will be payable upon the 15th day of the month following publication. If credit has not been established, charges are payable when the advertising order is placed.

Billing Credits. Any claim by Advertiser for a credit related to rates incorrectly invoiced or paid must be submitted in writing to the Company within ninety (90) days of the invoice date or the claim will be waived. Credit Check. The advertising contract will become effective only upon a satisfactory credit check of Advertiser and/or Agency. For as long as Company extends a line of credit, the only acceptable form of payment from Advertiser under this contract is cash or check.

Non-Payment. If the Advertiser fails to make timely payment, the Company may reject advertising copy and/or immediately cancel the Advertiser's contract, and the Advertiser agrees to indemnify Company for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys' fees. If the Advertiser's contract is canceled due to the Advertiser's failure to timely pay, Company may rebill Advertiser for the outstanding balance due at the open or earned contract rate, whichever is applicable.

Typographical Errors, Incorrect Insertions or Omissions. The Advertiser's contract cannot be invalidated, and the Company will not be liable, for (a) the incorrect publication (including, without limitation, typographical errors) or insertion or any omission of the Advertiser's advertising or (b) any resulting losses.

Cancellations. The closing time for cancellations is two (2) working days prior to the scheduled print date for black and white material and three (3) working days prior to the scheduled print date for color material. Cancellations will not be accepted after the applicable closing time. The Advertiser will be responsible for any production or creative services provided by Company regardless of the cancellation of Advertiser's advertising.

Ad Orders. The forwarding of an order by Advertiser or its Agency will be construed as an acceptance of all rates and conditions herein. If the order does not correspond to published rates and conditions, the advertising called for will be inserted and charged at the correct rate in force governing such advertising as provided for in Company's rate card, and in accordance with the conditions contained in the Advertiser's contract.

Brokered Advertising. Company deals directly and individually with its local Advertisers and does not accept local brokered advertising. Short Rating. Volume contracts must be fulfilled within one year from the date such advertising is to begin as specified in the contract. Should an Advertiser not use the total amount contracted under the volume agreement, the advertiser shall pay for the space actually used at the rate set out under the appropriate volume schedule.

Releases for Photographs. Photographs of individuals to be used in advertising must be accompanied by a signed release from the individual permitting the use of the photograph(s). Release forms are available from your account executive.

Credits. Any Advertiser who exceeds their original contract level will be eligible for a credit to their next contract level not to exceed one additional contract level. Should the Advertiser exceed the minimum advertising amount agreed to in its advertising contract with Company, the Advertiser will receive a credit for the difference up to one (1) level only.

Frequency Ad Contracts. Frequency contracts under a weekly schedule must be fulfilled during each calendar week for the duration of the contract period. Weekly performance will be measured from Sunday to Saturday. If a weekly space advertiser does not use the agreed number of insertions, the rate set out under the appropriate weekly schedule for the number of insertions actually run shall apply. All contracts will be billed at appropriate rate and no rate adjustment will be issued for exceeding signed contract level. If a weekly advertiser does not use the minimum number of weeks, the open rate shall apply.

Taxes. In the event that any federal, state or local taxes are imposed on the printing of advertising material or on the sale of advertising space, such taxes shall be assumed and paid by advertiser. Force Majeure. All contracts are conditional on strikes, fires, acts of God or the public enemy, war or any cause not subject to the control of the Company, excluding the advertiser's failure and/or inability to perform.

Consent to Receive Faxes. Advertiser consents to receive facsimile communications regarding its goods and services.

Entire Agreement. This contract constitutes the complete understanding of the parties and supersedes all prior agreements, understandings, negotiations and/or arrangements between the parties. This contract shall be governed and construed in accordance with the laws of the State of New York and of the State of Connecticut.

view newspaper / print edition