Buffalo Wedding Magazine,Rochester Wedding Magazine and Syracuse Wedding Magazine, are published by Wheeler Communications (Publishers). Publisher shall invoice advertiser, in advance of each issue published. Full payment for the first issue is required upon execution of this contract. Subsequent payments shall become due and payable immediately upon receipt of invoice.Billing will be deemed correct, unless written notice is received by Publisher no later than thirty (30) days from the date of publication. Publisher reserves all rights to reject any and all advertisement for inclusion in any of its publications or websites, and Advertiser agrees to indemnify and hold harmless, regarding same. In the event of a default, Advertiser agrees to pay Publisher all cost for collections, including reasonable attorney fees and court costs. Advertiser is responsible for any amounts owed Publisher by Advertiser’s agency and shall make immediate payment to Publisher, in the event agency fails to do so. Advertiser personally guarantees all payments entered into under this agreement. This agreement is subject to and incorporates by reference the terms and conditions set forth in the Publisher’s Rate Card. Any advertisement, not identifiable by the Publisher, shall carry the label “Advertisement” ,on the top border of the ad. Publisher will not be responsible or held liable for any act and/or omission which may cause delay or prohibit the printing, publishing or distribution of the publication.
Advertiser shall be responsible for any and all sales/use tax or other direct charges or fees levied, assessed or charged by the US Government, as well as any state, county, city, or other taxing authority. All amounts stated on the Publisher’s Rate Card are exclusive of taxes. Any tax amount owed shall be invoiced separately.
Advertiser represents that any photograph, art work, text or other copyright able material given to the Publisher is either owned by Advertiser, Advertiser owns exclusive rights of copyright and/or Advertiser has obtained, in writing, the legal right of license, which authorizes the fees and court cost which directly or indirectly may arise from any material supplied by Advertiser.
As an Advertiser you may have access to and knowledge of Publishers operational systems, trade secrets, software applications, distribution locations and uniqueness. For this purpose, Advertiser agrees NOT compete in anyway ( ie: in print, internet and trade shows) with Publisher during this contract and for a period of three years following the written cancellation of this contract.
Publisher reserves the right to reprint any material given to Publisher, for its use in any edition of any of its publications or websites. Same can be used for any purpose determined by Publisher including, but not limited to, the promotion of any of Publishers print publications, websites or wedding expos. Independently of any published advertisement purchased herein, Publisher becomes the sole owner of all materials, given to Publisher, to include all art work and/or written materials.
Advertiser assumes liability for all content of its advertisement. Publisher is not responsible for the quality of photography, art work and/or materials provided by the Advertiser.
Advertiser agrees to hold Publisher harmless for failure, due to any cause, of the advertisement to appear as scheduled. Publisher shall, however, make all reasonable efforts to assure the advertisement appears in the next scheduled issue.
Advertiser is responsible for any additional charges, at the current composition rates, and for any layout or copy changes requested by the Advertiser. All changes or corrections must conform to Publisher guidelines and must be presented to Publisher, in writing, and approved by both parties, before the materials due date for publication. Copy and/or advertisement changes will not be accepted after the materials due date.
Advertiser’s termination or cancellation of this Agreement shall be accepted under the following conditions:
1) Advertiser shall pay Publisher all amounts past due.
2) Advertiser shall make good on all trade portions(if any, as written on the front side of this agreement) prior to cancellation, in the event of default ALL trade portions of said contract are deemed cash due and will be added to advertising cost.
3) Notice of cancellation, shall be given to Publisher, in writing, within thirty (30) days prior to the Publisher’s print/art deadlines.
Nov 1st deadline for the January - June Issue
May 1st deadline for the July - December Issue
4) Publisher shall not be responsible for consequential damages.
In the event of default, Publisher reserves the right to electronic draft the funds directly. No conditions, printed or otherwise, appearing on this contract, billing instructions or copy instructions, which conflict with the Publisher’s stated policies, will be binding on the Publisher. No contract is valid, unless signed by an authorized agent of Wheeler Communications.
All bleeds, reserves and special placement positions will be billed an additional production charge (if any, as written on the front of this agreement)
Buffalo Wedding Magazine,Rochester Wedding Magazine and Syracuse Wedding Magazine are all publications of Wheeler Communications and disclaims any association whatsoever with any past or current publication.
This contract shall be governed and construed, in accordance with the laws of the State of New York, in all respect. Advertiser hereby consents to the jurisdiction, under the laws for the State of New York. This contract contains the entire Agreement, between the parties, pertaining to the subject matter hereof. No Agreements, representations or understandings, not specifically contained herein, shall be binding upon any of the parties hereto, unless reduced to writing and signed by the parties to be bound thereby.
Advertiser waives any and all expressed and/or implied warranties or guarantees, except for that which is state herein.
Perpetual Option: At the expiration of this contract, pursuant to the terms as indicated on both sides, this contract shall continue on an issue to issue basis until such time either party shall give the other party 30 advance written notice (prior to Publishers close date) of it’s intent not to continue under the terms hereof. Rates are subject to change without notice.