The Phoenix Media/Communications Group
126 Brookline Avenue
Boston, Massachusetts 02215
Telephone: (617) 859-3367 FAX: (617) 536-1463
Sales Director: A. William Risteen
National Sales Director: Everett Finkelstein
Published weekly, available Thursday.
The Phoenix is published and available every Thursday. Issue date is Friday and each copy is free through the following Wednesday. The deadline for placing an ad and for renewing ads for all publications is Thursday at 5 pm.
OPEN ACCOUNTS: Prior credit application must be submitted for pre-approval. Net 10 days. A monthly late charge of 1.5% (18% per year) will be assessed on any unpaid balance.
The Boston Phoenix reserves the rights to advertisements prepared and produced by it. Advertisers purchase only space and one time use of artwork.
TERMS AND CONDITIONS OF ADVERTISING CONTRACTUAL AGREEMENT
1. For each advertisement published hereunder, Advertiser shall pay to Publisher a fee computed in accordance with the above Insertion & Rate Schedule (hereinafter referred to as the insertion Schedule). Advertiser understands that under this Agreement Advertiser is obligated to insert an advertisement (of at least the minimum size) in the publications and issues specified in the Insertion Schedule. The insertion of an advertisement of greater than the minimum size in any issue will not affect the obligation of Advertiser to insert an advertisement of the minimum size in each subsequent issue. If Advertiser fails to comply with its obligations under this Agreement, Publisher may terminate this Agreement, and Advertiser shall compensate Publisher for all damages directly or indirectly resulting as a consequence of Advertiser’s default. In addition to payment of all amounts due for advertisements already inserted, Advertiser shall pay to Publisher, as liquidated damages, within 10 days after the date of termination, an amount equal to 75% of the fee that would have been payable at the Contract Rate for advertisements that would have been inserted after the date of termination if Advertiser had complied fully with its obligations hereunder. Advertiser’s obligation under paragraph 5, below, shall continue in full force and effect following termination of this Agreement.
2. Except as provided in paragraph 3, below, Advertiser shall be invoiced weekly, except with respect to the first advertisement contracted for hereby, for which payment shall be made in advance of publication. The net amount shown as payable on any invoice (less agency discount of 15%, if applicable) shall be due and payable thirty (30 ) days after the date of publication. The Agency discount (if any) set forth in the Insertion Schedule is based only on the net amount of the advertisement as stated on the rate card and is applicable only to amounts for which full and timely payment is made to Publisher. If Advertiser is required to pay at the Open Rate, but the actual volume of advertising of Advertiser would have been eligible for a Contract Rate if the Advertiser had obligated itself therefor, then Advertiser may, once per calendar quarter, request Publisher to provide Advertiser with Term or Bulk Space credits equal to one half of the difference between the amounts paid at the Open Rate for such quarter and the Contract Rate which would have been applicable thereto. All overdue amounts will be subject to a late charge of 1.5% of the unpaid balance and a further late charge at the monthly rate of l.5% (18% per year) until paid. Advertiser shall pay such charges, plus all costs of collection - including reasonable attorney’s fees - incurred by Publisher in the collection thereof. Advertiser shall give written notice to Publisher (attention Credit Manager) promptly after Advertiser’s receipt of any invoice or statement if Advertiser objects thereto.
3. Publisher reserves the right not to extend credit, or to continue to extend credit, to Advertiser. Publisher in its sole discretion may accept advertisements for publication in exchange for goods or services (scrip) in lieu of cash. Scrip shall be converted automatically to a cash obligation of Advertiser, payable immediately in full at Publisher’s standard published advertising rates, if Advertiser fails timely to honor such scrip or cancels this Agreement. All scrip shall be valid for three (3) years from date of issue and shall be transferable to any successor publications.
4. Advertiser shall submit special supplement advertisements to Publisher on a timely basis in accordance with scheduling information furnished to Advertiser (receipt of which Advertiser hereby acknowledges). Advertiser shall submit all other advertisements to Publisher by no later than noon the Monday before the issue day of any issue in which such advertisement is to appear. If Advertiser fails timely to submit acceptable advertisements, Publisher may republish Advertiser’s most recently published advertisement and Advertiser shall pay Publisher the same amount that would have been payable if Advertiser had submitted such advertisement for republication.
5. Advertiser represents to Publisher that Advertiser and its agents, if any, have full legal right to publish, in their entirety, all advertisements (including photographs and other likenesses) submitted for publication, and that by publishing any of such advertisements Publisher will not violate the rights of any person or any statutes, rules or regulations of any federal, state or local authority. Advertiser agrees to indemnify Publisher for, and hold Publisher harmless from and defend Publisher against, any losses, expenses, suits or claims (including reasonable attorneys fees) Publisher may incur which arise out of the publication of any of such advertisements including without limitation of the foregoing, any claims of libel, violation of rights of privacy, plagiarism, unfair competition or trade practices, unauthorized commercial appropriation or copyright and/or trademark infringement.
6. Publisher reserves the right to refuse to publish advertising that in its opinion does not conform to the reasonable standards of its publications, that may subject Publisher to claims of liability to third persons or that is unacceptable to Publisher for any other reason.
7. Publisher’s obligation to publish is subject to labor disputes, accidents, fires, acts of God or other contingencies beyond its control. If any such event shall occur, the ending issue specified in the Insertion Schedule shall be changed to such later date as shall reflect the duration of the event. If Publisher, with or without good cause, fails to publish any advertisement of Advertiser, Publisher’s sole liability, if any, shall be limited to the obligation to publish another advertisement at a later date.
8. Publisher shall have no liability of any kind to Advertiser on account of errors or omissions made by Publisher including, but not limited to, content or quality in any advertisement. Notwithstanding such errors or omissions, Advertiser shall pay Publisher in accordance with the terms of this Agreement. Publisher may, in its discretion, however, afford Advertiser, without charge, advertising space in addition to that specified in the Insertion Schedule in an amount to be determined by Publisher. In any event, Advertiser shall give written notice to Publisher (attention Sales Manager) within seven (7) days after publication of any advertisement containing any errors or omissions made by Publisher.
9. This Agreement constitutes the entire agreement between Publisher and Advertiser and may not be canceled, modified, amended or supplemented except pursuant to a duly written instrument executed by both parties.
10. Advertiser and any Guarantor or advertising agency executing this Agreement in the name and on behalf of Advertiser, hereby jointly and severally unconditionally guarantees to Publisher the full and prompt performance by Advertiser of its obligations hereunder.