I agree that by signing this Advertising Insertion Order Form/Advertising Contract (“Contract”), I am contractually agreeing to place the ad(s) referred to in this Contract in an Advocate publication according to the Schedule of Insertions and to pay for the ad placement(s) according to the terms of this Contract. I represent that I am authorized to place this order, and that I shall personally guarantee payments hereunder. I understand that my contract price is determined by the Schedule of Insertions, and that the more ads I place in an Advocate publication, the lower the per-ad price. I understand that if I fail to meet the Schedule of Insertions contracted for above, I will be subject to a retroactive “upcharge” in the amount of the open rate for the unused commitment. For example, if I contract for twelve (12) ads at a price of $80 per ad, but I only run six (6) ads, I will be charged an “upcharge” fee that will essentially increase the $80 per ad fee due to my failure to meet my contractual commitment of twelve (12) ads.
I understand that unless I have been approved for credit prior to an ad insertion, it is my responsibility to pay the amount due herein IN FULL prior to publication of each month’s ad(s), and that the Advocate reserves the right to not publish my ad(s) unless full payment has been received prior to the publication going to print. Assuming credit is extended, I agree that any payment received after its due date as stated on the invoice shall be subject to a $25 late fee, plus interest at the maximum rate allowed by law. I further agree that it is my responsibility to review and approve my ad(s) prior to insertion, and that I am solely responsible for claims by third parties based upon the form and/or content of my ad(s). I agree to indemnify and hold harmless the Advocate from any and all claims, costs, damages and/or expenses incurred by the Advocate based upon claims by third parties arising from the form and/or content of my ad(s). I agree that the Advocate’s liability is limited in all scenarios to the cost I paid for the ad(s). If it becomes necessary for the Advocate to file a claim or to engage a collection agency or attorney for the collection of payments due under this Contract, I agree to pay all costs and expenses, including reasonable attorney’s fees. I agree that in the event a cause of action is initiated to enforce the terms of this Contract, venue shall be in Dallas County, Texas, without regards to conflict of laws principle or rules that provide otherwise, and the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs. I agree that I am the principal obligor as to this Contract, and that it shall not be necessary to institute suit on any indebtedness before proceeding against me personally, as guarantor, for payment of amounts due under this Contract. I understand that this Contract will be governed by and construed according to Texas law.
This Contract represents the entire agreement between the parties. Any changes and/or modifications to this Contract must be in writing and must evidence consent to the change and/or modification by both parties. No waiver of any of the provisions of this Contract shall be deemed a wavier or shall constitute a waiver of any other provision, nor shall a waiver constitute a continuing waiver. By signing this contract you are opting into our Advocate client e-mail list.
I have read and agree to the terms of this Contract.