Advertising Contract Terms and Conditions

These Terms and Conditions are hereby entered incorporated into and made part of the Advertising Contract between the advertiser and/or its designated advertising agency the “Client” and Encore Media Group “EMG”. By authorizing this Advertising Contract, the Client hereby agrees to payment in full for the services rendered under the Advertising Contract.

  1. An authorized signature is required on the Advertising Contract. EMG will accept Client generated insertion orders in verification of the schedule and rates quoted on the Advertising Contract. All advertising is subject to provisions stated herein and prevailing Advertising Specifications indicated on the respective EMG rate card(s).
  2. The Client may not cancel or change scheduled advertising after EMG’s space deadline. Any changes requested by the Client must be submitted in writing on or before the space deadline. EMG reserves the right when the Client does not furnish new or acceptable copy by blueline deadline to either run the most recent advertisement or charge for the unused space if the Client has not submitted materials by that time.
  3. EMG may provide frequency discounts based as set forth on the applicable rate card or cards that are current at the time that the Client meets the frequency requirement. If the Client cancels orders (which cancellations shall be in writing) before the expiration of the Advertising Contract, then EMG will bill a short rate, if applicable, at the earned frequency rate for each actual media placement.
  4. EMG reserves the right to change its advertising rates and may do so without notice. Such rate changes will not affect rates set under this Advertising Contract, but will apply to renewals and new contracts.
  5. All advertising supplied by Client is subject to the approval of EMG. EMG does not accept advertising for Tobacco products and Firearms. EMG reserves the right to reject any advertising that is deemed, in its sole discretion, as objectionable. The Client assumes full responsibility of its advertising content and materials and assumes all liability for any claims arising there from.
  6. In the event EMG creates advertising materials for the Client, EMG shall not be responsible for or liable for errors in said materials whether or not the Client has approved the final proof. Errors in advertising materials submitted by the Client are the sole responsibility of the Client.
  7. In the event of any error by EMG, the maximum liability for EMG is limited to the space charge for the respective media insertion as stated on the Advertising Contract. In any such case, EMG will extend the Advertising Contract by an equivalent amount of media and waive the space cost so that the total Advertising Contract amount and discounts will remain unaffected.
  8. Except as set forth in Section 6, EMG shall not be liable for any costs or damages, including but not limited to lost profits, consequential or exemplary damages, if for any reason EMG fails to publish an advertisement correctly, in whole or in part and with this understanding, Client hereby waives any right to claim such damages.
  9. EMG shall be deemed to have fulfilled all printed advertising obligations to the Client upon delivery of the publication(s) for distribution and/or as the Advertising Contract otherwise shall require for posting of digital or other forms of electronic media. EMG shall not be subject to any liability for failure to publish and/or execute the media purchased under the Advertising Contract due to any cause not reasonably within the control of EMG and which the exercise of due diligence EMG is unable to prevent of overcome.
  10. The position and placement of an advertisement in print, online or electronically is at the sole discretion of EMG, unless the Client pays a guaranteed position and/or placement premium.
  11. It is expressly agreed that the purchase of advertising under the Advertising Contract is independent of and unrelated to any specific mention of the Client within the editorial content of the media created by and/or generated by EMG. EMG cannot and therefore does not offer any special editorial consideration as part of this Advertising Contract.
  12. EMG will retain digital advertising material(s) that the Client submits for one year and then discard it unless the Client specifies otherwise.
  13. Payment & Credit:
    1. EMG accepts electronic payments from PayPal, VISA, MasterCard and American Express credit or debit cards.
    2. EMG will generate either a print or digital invoice, depending on the Client account, on a monthly basis for the media purchased under the Advertising Contract. All amounts due to EMG are considered due upon issuance of the invoice.
    3. Client will pay its account in full each month. If Client fails to pay its account the outstanding balance unpaid after 30 days from the date of statement, EMG will assess a finance charge based on the total amount due EMG for both the media purchased and any outstanding finance charges and the total amount then due shall thereafter accrue interest from the date of the statement at the rate of 1.5% per month, or the highest rate of interest permitted by applicable law, if higher, until Client pays the total amount due in full.
    4. In the event a Client’s account becomes delinquent, (defined as the Client making no payments within 60 days of invoicing) EMG has the right to demand payment in full. All sums owing shall then be immediately due and until paid in full EMG shall have no obligation to continue the placement of media under the related Advertising Contract. EMG may then require that all remaining scheduled advertising be on a prepaid basis only and may cancel the Advertising Contract or turn the account over to a collection agency, or any or all of these.
    5. In the event a Client account is turned over to collection, EMG will assess a collection fee of twenty-five (25) percent based on the total amount due EMG for both the media that has been placed on behalf of the Client and the related past due finance charges. To the extent permitted by applicable law, Client hereby waives presentment, demand, protest, and notice of nonpayment of any account arising under any credit agreement with EMG and shall reimburse for EMG for all costs that EMG may incur in connection with the collection of this account, including all reasonable attorney fees and court costs, whether or not litigation is commenced, and including the attorney fee and court costs of any appeal or other action taken to procure payment until final judgment and collection is affected. This Contract shall be governed by and construed in accordance with the laws of the State of Washington and venue for resolution of any dispute arising hereunder shall be in the Superior Court for King County, Washington and the Client agrees not to seek removal of the dispute from this Court.