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ADVERTISING
AGREEMENT: This is a Contract
for advertising between Nexus Publishing,
Inc. (Nexus) and the undersigned Advertiser
and is for the selected
ad(s) at Contract Discount Rates.
RATES
& TERMS
This
Contract is made and accepted according
to the dates and conditions described in
Nexus's then current Rate Card.
Advertisers who order advertisements at
Discount Contract Rates understand and agree
that placing an order creates a binding
obligation and contract to pay for all advertisements.
All
Ads must be paid in full when placed or
by the ad deadline for each issue.
Advertising
rates may change without notice. A Contract
for advertising in two or more issues ensures
that the Advertiser's rate for that ad will
not change for the duration of the Contract,
providing that advertiser has fulfilled
the terms of the Contract.
If
payment for any amount due Nexus
is not made according to the terms of this
Contract, Nexus reserves the right,
without waiving any other rights, to refuse
to accept any further advertising until
all past-due payments are made. Advertiser
agrees to pay twenty-one percent (21%) per
annum interest on any past-due balance.
Advertiser further understands and agrees
to pay all costs, reasonable attorney's
fees and interest on the balance due at
the then current highest legal rate incurred
by Nexus to collect any amount due.
Advertiser
understands and agrees that Nexus
will run Advertiser's most recent copy and
art if Nexus receives no new copy
or art by the ad deadline for each issue.
WARRANTIES
Advertiser
warrants that all advertising purchased
under this Agreement is specifically for
the regular business of the Advertiser.
Advertiser
further warrants that all advertising submitted
is true and contains no falsities to the
best of the Advertiser's knowledge.
Nexus's
liability is limited to the price of the
ad.
Advertiser
will hold Nexus harmless from and
indemnify Nexus for any costs whatsoever
incurred through the placement of Advertiser's
ad.
TERMINATION
Advertiser and Nexus may terminate
this Contract by giving Nexus prior
written notice before the ad deadline for
each issue.
GENERAL
TERMS
All copy submitted for advertising must
be typewritten and double spaced. Nexus
will not be responsible for mistakes resulting
from handwritten copy.
Any
change an Advertiser wishes to make to an
ad must be submitted to Nexus in
writing by the ad deadline for the issue
in which the change is to appear. Nexus
will try to fulfill change requests after
the ad deadline. If your change request
is sent after the ad deadline, please include
payment of a $15 late fee.
Any
waiver by Nexus of any breach of
any of the terms of this Contract shall
not constitute a waiver of any subsequent
breach of the same terms or any other terms
of this Contract. This Contract is subject
to the laws of the State of Colorado, USA,
without regard to conflict of law principles,
and the parties understand and agree that
any and all disputes must be within the
exclusive jurisdiction of the State Courts
in Boulder County, Colorado, and federal
courts in Colorado and the parties hereby
consent to such jurisdiction and venue.
If
any provision of this contract is deemed
void or unenforceable then all other provisions
of this Contract shall remain in full force
and effect. This Contract may not be assigned
by Advertiser without prior written permission
of Nexus.
This
Contract is the entire agreement of the
parties and supercedes all prior communications
and agreements where written or oral. This
Contract may only be modified by a prior
written agreement signed by authorized representatives
of the parties.
By submitting this
form you are agreeing to this contract. |