It is understood that the week listed for beginning shall be the week of the initial distribution of Advertiser’s brochures to the Ad-Lit display racks listed on the reverse side and that the week listed for pick-up shall be the week Advertiser’s brochures are removed from the racks and returned to the Ad-Lit warehouse for storage. It is also understood that the Advertiser shall be financially responsible for the payment schedule described on the reverse side for the entire period designated.
Standard Brochure: All of the Advertiser’s brochures will have a maximum folded size of 4” x 9” or less. The brochures will be delivered to Ad-Lit by the Advertiser in cases approximately 10” high x 10” wide x 12 1/2” long with the quantity of brochures per case printed on the side of the box. If the Advertiser has had Ad-Lit deliver brochures for the previous year and prices or other information have changed, the color of the brochure will be changed or the date (year) will appear on the brochure front to avoid any confusion. (When designing a brochure, remember that the top 1 1/2” on both sides is the prime space on a rack display brochure.)
Coupon Brochure: All of the Advertiser’s coupon brochures will have a maximum folded size of 2 1/8” x 3 1/2” or less. The brochures will be delivered to Ad-Lit by the Advertiser in cases with the quantity of brochures per case printed on the side of the box. If the Advertiser has had Ad-Lit deliver brochures for the previous year and prices or other information have changed, the color of the brochure will be changed or the date (year) will appear on the brochure front to avoid any confusion. (When designing a brochure, remember that the top 1” on both sides is the prime space on a rack display brochure.)
INSURANCE; LIMITATION OF LIABILITY. Ad-Lit, Inc. shall maintain fire and extended coverage insurance against loss or destruction of any advertising materials in its possession; provided, however, that such insurance shall be limited to the replacement value of the advertising materials provided by the Advertiser. For purposes of this Agreement, only advertising materials in the possession of Ad-Lit, Inc. and located on Ad-Lit’s business premises will be protected by insurance and any loss of those advertising materials resulting from an accident in transit will not be covered by Ad-Lit’s insurance policies. AD-LIT, INC. SHALL NOT BE RESPONSIBLE FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR LOST SALES SUSTAINED BY THE ADVERTISER BY REASON OF THE LOSS OR DESTRUCTION OF ADVERTISING MATERIALS AND ADVERTISER HEREBY RELEASES AND WAIVES ALL SUCH ADDITIONAL LIABILITY CLAIMS AGAINST AD-LIT, INC.
Force Majeure. If Ad-Lit is delayed in the performance of any act required of it hereunder by any act or omission of Advertiser, labor troubles, inability to procure materials or services, failure of power, restrictive governmental regulations (including act or regulation of any state, federal, regional, or local agency, group or organization), riots, insurrection, war, or like reason not within Ad-Lit’s control, then the period of performance of the act shall be extended for a period equivalent to the period of delay.
If the Advertiser’s account is in arrears, Ad-Lit, at its option may remove the Advertiser’s brochure from the racks immediately following the due date of any payment which has not been fulfilled. All obligations up to the date of removal will still be due and payable by Advertiser. If Ad-Lit is otherwise authorized by the agreement terms to discontinue delivery, or if the advertiser’s brochure is changed by the Advertiser, Ad-Lit, may demand in writing that the Advertiser remove their brochures from its storage and may dispose of the brochure without any liability to Ad-Lit 45 days after its mailing of such notice to the Advertiser at the address set forth on the reverse side.
To secure Advertiser’s promise to pay according to the terms of this Agreement, Advertiser hereby grants to Ad-Lit a security interest in, and lien upon, all of Advertiser’s personal property and Advertiser authorizes Ad-Lit to file a financing statement to perfect such security interest. Advertiser shall be responsible and agrees to pay for all costs and charges, including attorneys’ fees, Ad-Lit incurs in enforcing any rights of Ad-Lit under this Agreement.
A $50.00 fee will be charged each time a check is returned for insufficient funds. Advertiser agrees to pay interest at the rate of 1 1/2 % per month (18% per year), on any delinquent charges computed through the time of payment. Payments made by the Advertiser to Ad-Lit, Inc. will be applied first to any finance charge due and second to any principal, on any outstanding balance owed Ad-Lit, Inc. by the Advertiser on any prior Agreement between the parties, then to any finance charge due on this Agreement, and then to the principal balance due on this Agreement, provided, however that in the event of a bona fide dispute, the Advertiser may specify that payment be applied in a different manner.
It is understood that an inventory report shall be provided by Ad-Lit for total usage at the end of the season.
This Agreement shall become effective upon receipt of signed Agreement from Advertiser. Furthermore, Advertiser warrants that it owns and/or has the right to use all the materials contained in its brochures. The Advertiser agrees to defend and hold Ad-Lit, and its shareholders, directors, officers and employees harmless from and against any claims or actions arising by reason of its distribution of the Advertiser’s advertising materials, including any claims or actions which arise, in whole or in part, by reason of the content of the advertising materials including, but not limited to claims that the advertising materials are degrading, libelous, pornographic or obscene, or otherwise damaging to the personal property of the claimant.
This Agreement shall be assignable by Ad-Lit and shall be binding on the parties hereto and on their heirs, personal representatives, administrators, successors and assigns.
Ad-Lit may, in its sole discretion, terminate this Agreement without incurring any liability to advertiser other than for the return of any advertising materials, etc., and the refund of any payments made by Advertiser to Ad-Lit, less, if any, incurred costs by Ad-Lit prior to termination of the Agreement. In the event of termination of this agreement by reason of Ad-Lit’s exercise of such discretion, the commitment price shall be pro-rated.
This Agreement may not be cancelled by the Advertiser without the prior written consent of Ad-Lit. This Agreement represents the entire agreement between the parties and specifically supersedes any and all other oral or written communications, memoranda, notes, letters, e-mails or other electronic communications between the parties.
