Agreement Between Advertiser and Magazine

Agreement between Advertiser and Magazine

This Advertising contract is made (date of contract), between , a corporation organized and existing under the laws of , with its principal office located at , hereinafter called Advertiser, and , hereinafter called Magazine, a corporation organized and existing under the laws of , with its principal office located at .

Whereas, Advertiser is a (describe nature of store) , located at ; and

Whereas, Magazine publishes the that is circulated mainly in (description of circulation area) ;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Insertion of Advertisement

Magazine, for and in consideration of $ per column inch, shall insert in every , as ordered by Advertiser, advertising copy as released on insertion orders.

2. Minimum Insertion

Advertiser, for and in consideration of the benefits derived from the above-mentioned advertising, shall use a minimum of column inches of advertising space at the agreed price of $, to be used within the -month period from to , the advertising to be inserted in in accordance with insertion orders released weekly by Advertiser.

3. Remittance

Advertiser shall remit to Magazine every days for space ordered during the preceding month.

4. Disposal of Unused Space

If column inches of advertising are not ordered by Advertiser during the period covered by this contract, the unused portion of the contracted space of column inches shall be due and payable on (due date of payment).

5. Advertising over Minimum

Any advertising space ordered during the term of this contract, over and above the minimums of this contract, shall be inserted by Magazine in at the price of $ per column inch.

6. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

7. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

10. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

11. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

12. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

13. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

14. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

15. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.