CM-06-09-196RETAIL
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statesman.com
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statesman.com
Retail Advertising Contract
P.O. Box 670, Austin Texas 78767 (512) 445-3742
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INTERNET DIRECTORY XL ent.
STANDING CARD PREPRINT
1Ahora Si! WEEKLY BUSINESS REVIEW
BOUTIQUE
NEW ./ RENEWAL
CONTRACT START DATE:053 1, 0 to CONTRACT END DATE: 07. 3/ - 0 7
Secrrenrwe
This agreement is made on the 2-9 day of Vu,_ ( , '200(0 , between the Austin American -Statesman
(herein after called "the Publisher"), and Ti l�c.;t1 e€ Re.,,a,1 REac_ k -(herein after called "the Advertiser"), located
at 221.V, A-i✓i 5-r• , k0c.k , Tj< , `7g647 .
The Publisher is the publisher of the Austin American -Statesman and the Advertiser wishes to purchase
advertising space in said Newspaper. The Publisher and the Advertiser agree as follows:
The Advertiser shall purchase Austin American -Statesman's advertising services by placing orders for a minimum of
1000 L n -t s 7....11/40 on the Publisher's applicable rate schedule and in accordance with the
Retail Rate Card Terms of Payment and General Policies and other applicable Publisher Rate cards (collectively, the "Rate
Card"), which are incorporated herein by reference and made a part of this agreement, subject to the rate revision provision
of paragraph (3) on the back of this contract.
By signing below I certify that that I am the owner or authorized representative of the Advertiser, and I hereby grant on behalf
of the Advertiser its express permission and consent to receive advertising offers and other information via direct mail,
telephone, email, and facsimile transmission from the Austin American -Statesman or any other business operated by
Publisher. I agree that such information may be transmitted to the mailing and email address(es), telephone number(s) and
facsimile number(s) listed below or to any other contact addresses and numbers used by the Advertiser. I further represent
that the Advertiser is the owner or lessor of the facsimile equipment that will be used to receive fax messages at the numbers
noted below, or is the authorized representative of the equipment owner or lessor.
By its signature, Advertiser acknowledges that it has read and understands this Agreement, the terms and
conditions located on the back of this contract and the Rate Card which is incorporated into this Agreement by
reference and which includes important terms and conditions, including limitations on liability of the Publisher. This
agreement is fully executed upon the acceptance by both parties' signatures.
Accepted by: Austin American -Statesman
Agreed by: Advertiser
Alm-aome4 may:
Acct Number:
'sal` ((O
Name: pptnnk Weoe1-ri-1-e2 . .XName: Ul In Nose
Title: AD Arr;5; 60nSU1--a✓i+ 'X Title: 01-`( r'l4nkto
Date: 10/460 X Date: C!I ail a Or(r
Advertiser Address 2,2J fl2 -1 STR.Eey City kO v c/,,OC State/Zip
Office Phone: -0....18 -,5-4t09 Fax: .2/Q . 7097
Cell Phone: Other
Web Site and/or E -Mail Address(es):
Cnttea rot EJ4a.S .
TX 70(o6`f
White - Client Copy, Yellow Accounting Department, Pink — AA -S Sales Person, Gold — Advertising Department Revised 01/05/2005
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TERMS AND CONDITIONS
1. The term of this Agreement (the "Contract Period") shall be one year from the date hereof unless otherwise noted.
2. SHORT RATES/REBATES: If at the end of the Contract Period, the Advertiser shall have published fewer ads or smaller
ads than agreed upon in this contract, to the extent that a different rate would be applicable according to the Austin
American -Statesman's current rate card, the Advertiser's rate for all space used during Contract Period shall be increased to
the earned rate indicated on the current rate schedule. Publisher will re -bill Advertiser for the difference and Advertiser will
pay the invoiced amount upon receipt. Should Advertiser have published more ads or larger ads than agreed upon, to the
extent that a different rate would be applicable, a rebate (in the form of a credit toward advertising to be used within the 60
days following the end of the Contract Period) will be allowed for up to one rate bracket above contracted levels.
3. The Publisher may revise its advertising service rate schedule at any time upon 30 days written notice to the Advertiser,
who may without penalty, terminate this agreement by giving 30 days prior written notice to the Publisher. In the event of
termination, neither Publisher nor Advertiser will have any further obligation to the other, except that advertiser shall pay all
charges for ads placed prior to termination, without any surcharge for failure to meet the minimum commitment.
4. CANCELLATION CHARGES: In the event that the Advertiser cancels a previously scheduled ad after the Publisher's
published deadlines, the Advertiser will be billed a cancellation charge of 25% of the cost of the canceled ad.
5. The Publisher may, in its sole discretion, edit, classify, or reject any advertising copy submitted by the Advertiser.
6. The Advertiser shall make payment within 30 days of the Statement date. In the event that the account becomes past due,
the Publisher may reject advertising copy and/or immediately cancel your contract and the Advertiser agrees to indemnify
Publisher for all expenses incurred in connection with the collection of amounts payable including court costs and attorney's
fees. If this agreement is canceled due to Advertiser's failure to make timely payment, Publisher may rebill the Advertiser for
the outstanding balance due for ads actually placed, at the open or earned contract rate, whichever is applicable.
7. This agreement cannot be invalidated for typographical errors, incorrect insertion or omission in Advertising published. The
Publisher agrees to run corrective advertisement for that portion of the first insertion which may have been rendered
valueless by such typographical error, wrong insertion or omission. Advertiser shall notify the Publisher of such errors in time
for correction before the second insertion. The Publisher shall not be liable to Advertiser for any loss that results from the
incorrect publication of its advertisement.
8. INDEMNIFICATION BY ADVERTISER: The Advertiser will indemnify, defend, and hold harmless Publisher from and
against any and all claims, legal proceedings, demands, damages, losses, liabilities, judgments, settlements, costs and
expenses, including, without limitation, reasonable attorneys' fees, arising out of or in connection with the publication of or failure
to publish Advertiser's advertising. Such claims may include, but are not limited to, any claim of libel, violation of law, unfair trade
practices, violation of rights or privacy or rights of publicity, infringement of trademark, trade name, copyright or other proprietary
rights.
9. All advertising copy which represents the creative effort of the Publisher and/or the utilization of creativity, illustrations,
labor composition, or material furnished by it, is and remains the property of the Publisher, including all rights of copyright
therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of
any such advertising copy for use in any other medium without the express written consent of the Publisher.
10. Quoted rates do not include taxes. Any federal, state, or local taxes imposed on the printing of advertising material, the
creation of advertising material or on the sale of advertising space will be paid by Advertiser.
11. This agreement may not be assigned or transferred by the Advertiser.
12. LIMITATION OF LIABILITY. The Austin American -Statesman's liability is limited in all cases to the return of the
charges made for the applicable advertising. THIS LIMITATION OF LIABILITY IS A CONDITION FOR THE
ACCEPTANCE OF ANY ADVERTISING BY THE AUSTIN AMERICAN -STATESMAN. SEE THE RATE CARD FOR
ADDITIONAL LIMITATIONS. If the ad is not published or is published with an error, the Publisher's liability to
Advertiser shall be limited to the return of the payment made for publishing the ad. IN NO EVENT SHALL THE
AUSTIN AMERICAN -STATESMAN BE LIABLE TO ADVERTISER OR TO ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING OUT OF
THIS AGREEMENT OR THE PUBLICATION OF OR FAILURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR
NOT THE AUSTIN AMERICAN -STATESMAN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. Rates included in this rate card or in advertising agreements do not include any network sales commission, transaction or
other such tees. Such fees shall not be the responsibility of the Publisher unless approved by Publisher in writing.
14. It is expressly agreed that neither Advertiser nor Austin American -Statesman, nor their respective agents and
representatives, shall disclose in any manner the terms and conditions of this Agreement to anyone not a party to it.
15. This Agreement, including the Rate Card, is the entire agreement of the parties. The terms and conditions in this
Agreement will prevail notwithstanding any variance with terms in any purchase order or other ordering document from
Advertiser.
16. This Agreement is governed by the laws of the State of Texas
DATE: September 6, 2006
SUBJECT: City Manager Approval - September 15, 2006
ITEM: Consider City Manager approval to execute a Retail Advertising Contract
with the Austin American -Statesman for display advertising.
Department: Administration
Staff Person: Will Hampton, Communication Director
Justification:
The City regularly purchases advertising space in the Austin -American
Statesman. This contract will ensure the City receives the lowest rate
available for display advertising. Advertising includes City Beat, job
notices, etc.
Funding:
Cost: It is estimated the City will spend $15,000/year for these advertising
services.
Source of funds: General Fund
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04