1. QUALITY. All advertising must be in good taste as to form, subject matter, wording, size, illustration and typography. The Johnson City Press reserves the right to refuse publication of any advertising which in the Johnson City Press opinion is offensive, misleading or detrimental to the public or the newspaper.
2. ERRORS AND ADJUSTMENTS. Errors in advertisements are the responsibility of the Advertiser unless, in display advertisements, proofs are not shown to the Advertiser, or the Johnson City Press has failed to follow written corrections on proofs. When the responsibility for error is that of the Johnson City Press, the adjustment for error will be based on the Advertisers contract rate multiplied by the space occupied by the error. Johnson City Press accepts no responsibility for omission of advertisements or for errors on ads submitted and accepted after published deadlines. Request for adjustments must be made within 60 days from date of error. Parties agree that this contract will not be voided because of typographical errors, incorrect insertions or omissions in advertising published.
3. ADVERTISING CANCELLATION. Advertising canceled later than 24 hours prior to publication will be subject to a 20% cancellation fee.
4. AVAILABILITY OF NEWSPRINT. This contract is subject to the availability of newsprint. The Johnson City Press reserves the rights to cancel or reduce the amount of advertising space available to advertisers for lack of newsprint availability.
5. POSITION. Requests for special position will be given every consideration and Johnson City Press will cooperate by following requests whenever possible. Position cannot be guaranteed.
6. COPYRIGHT. All advertising copy, which represents the creative effort of Johnson City Press and/or the utilization of creativity, illustrations, labor, composition or material furnished by it, is and remains the property of the Johnson City Press, including all rights of copyright therein. Advertiser understands and agrees it cannot authorize photographic or other reproductions, in whole or in part, of any such copy for use in any other medium without the express written consent of Johnson City Press.
7. ADVERTISING AGENCY. If advertiser utilizes an Advertising Agency, the Advertiser and the Advertising Agency shall be jointly and severally liable for payment and for compliance with all of the terms of this Contract. Johnson City Press may require both advertiser and the agency to sign contract. Agency commissions are available however third party placement fees if accommodated are responsibility of advertiser.
8. CURRENT RATE. Parties hereto acknowledge that Johnson City Press advertising rates are subject to change as provided for in paragraph 9 below Parties further agree that the term CURRENT RATE as used in the agreement denotes the latest advertising rate being charged by the Johnson City Press and not the rate that was in effect of the date of the signing of this agreement.
9. JOHNSON CITY PRESS RATE CHANGES. Johnson City Press may revise its advertising rate schedule at any time upon 30 days written notice to the Advertiser. New rates are made effective by giving 15 days prior written notice to the Johnson City Press, provided however, that such 15 day notice must be given prior to the date upon which the new rate schedule becomes effective.
10. 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.
11. PAYMENT, INTEREST RATE, AND ATTORNEY'S FEES. ADVERTISER AGREES TO MAKE PAYMENT IN ADVANCE UNLESS, CREDIT APPROVAL IS GIVEN BY JOHNSON CITY PRESS. With credit approval, payment is due within 30 days of the billing date indicated on Johnson City Press's statement. And in the event Advertiser fails to pay, it is agreed that Johnson City Press may reject any advertising copy and/or immediately cancel this agreement. ADVERTISER AGREES TO PAY A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY) ON ALL PAST DUE BALANCES UNDER THIS CONTRACT, WHICH IS DEFINED AS ANY BALANCE WHICH HAS NOT BEEN PAID WITHIN 30 DAYS AFTER ADVERTISER HAS BEEN BILLED FOR SAID AMOUNT. Advertiser further agrees that in the event Johnson City Press engages an Attorney or Collection Agency to enforce or defend any provision of this agreement or to enforce collection of any unpaid advertising debt, Advertiser shall indemnify and hold Johnson City Press harmless for all reasonable Attorney's fees and costs and or 30% Collection Agency fees and costs so incurred.
12. JURISDICTION. Advertiser acknowledges the Johnson City Press as publishing the Johnson City Press of Johnson City, TN, and agrees that any collection action against Advertiser may be brought by the Johnson City Press in Washington County, TN.
13. HOLD-HARMLESS. Advertiser and Advertising Agency agree to hold harmless and indemnify Johnson City Press from all damage, costs and expenses, of any nature whatsoever, for which Johnson City Press may become liable by reason of its publication of Advertiser's advertising.
14. TRANSFER. The rights, privileges and prerogatives of any advertiser signing a contract with Johnson City Press may NOT be transferred to another Advertiser who owns and operates other businesses or franchises. Legal proof of ownership may be requested.
15. GENERAL REGULATIONS. General copy regulations and mechanical requirements explained in current rate cards apply.
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