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Renewal

New

Replacement

Credit Application Attached

Sent to Credit

Acct. No.

To Come

Sales No. Credit Established

Cash Account

Permian Basin Homes & Land

Category No.

PO Box 4473, Odessa, TX 79760 800.553.1361 - info@printmaniac.com

Date

Odessa, TX

Publisher is authorized to publish advertising in Permian Basin Homes & Land Magazine (PBHL) as described below exclusively for: (Advertiser) Phone # (

Address

City

State

Business Category

Zip

Date of First Ad Sole Proprietorship

Business Entity

Partnership

General Corporation

Initial frequency contract period begins 1.

)

Limited Corporation

and ends

Advertiser agrees to purchase from PBHL a minimum of one weekly advertisement in PBHL Magazine, based on the size and frequency selected below. Commitment is for weekly participation regardless of the number of ads run in each issue of PBHL. Publisher agrees to deliver ads in the quantities ordered as indicated. 52 x 26x

13X

Missed deadlines for copy submission under 52x frequency agreement authorizes Publisher, at Publisher's discretion, to reprint Advertisers's as it may have appeared in any prior issue of PBHL or use a substitute ad of Publisher's choice. AUTOMATIC RENEWAL- This contract shall automatically be renewed for successive like periods at the frequency level originally signed, thereafter unless and until either party shall cause the same to be terminated by providing notice to each other. If for any reason this contract is not fulfilled, including but not limited to termination by Publisher for breach of payment or credit terms, all PBHL ads Published during the contract period will be adjusted to the earned frequency rate. Advertiser will be responsible for paying this difference within the terms stipulated below. 2. All advertising purchased hereunder shall be published, invoiced, and paid in accordance with the rates and conditions shown on Publisher's PBHL Rate Card in effect on date of publication. Deadlines shall also be set in accordance with Publisher's PBHL deadlines. Publisher's PBHL Rate Card, and prices reflected therein, are revised from time to time, in accordance with standard industry practices. Publisher agrees to provide Advertiser with 30 days written notice of revisions to the Publisher's PBHL Rate Card, including the effective date(s) of all revisions. Advertiser shall be entitled to cancel the Contract by providing Publisher with a written notice of cancellation at any time prior to the effective date of the revised rates. Except as expressly set forth herein, revisions to Publisher's PBHL Rate Card shall not be deemed to alter any of the parties' other obligations under this Contract. Terms of Contract - The number of PBHL ads that Advertiser runs in current contract period at the date of cancellation shall determine the Advertiser's prorated earned rate and shall be invoiced accordingly. This contract will automatically renew upon expiration of the initial period, for an additional twelve-month period, without further action by either party, and shall so continue from year to year, until canceled or modified pursuant to the terms of this Contract. This contract will automatically renew at the frequency level stated above. Advertiser may execute new contract submitted for a greater or lesser number of insertions for the new twelvemonth period if desired. If for any reason, including termination by Publisher as provided herein, the minimum ad units contracted for should not be used within the contract period, service actually furnished shall be paid for at rate governing same. Claims of errors in invoices must be made within thirty (30) days of date of invoice. Otherwise, such claims will not be considered. Contract is subject to rejection at option of Publisher unless a regular schedule or copy has commenced within 60 days from the date contract is accepted. 3.

Typographical accuracy shall be at the risk of the Advertiser on copy received for publication after proof / copy deadline for which no proofs can be submitted to advertiser or his agent.

4. 5.

Advertiser expressly represents and warrants that this contract is being signed by the officer, owner, or such person legally designated with power of attorney for Advertiser. This writing contains the parties' entire agreement, and may not be changed, waived, modified, extended, or discharged in any manner other than a writing signed by both parties. If any provision of this Contract is deemed to be invalid or unenforceable, that provision alone shall be deemed severed and excised from the remainder of this Contract, which shall be fully enforced as if the invalid provision(s) had been omitted.

By signing below, Advertiser and Agency agree to terms on both front and back of contract. If no advertising agency is designated as a party to this contract, all references to “agency” herein are null, void, and of no effect. The absence of an agency as a party to this agreement does not otherwise affect the Advertiser’s rights, duties and obligations under this agreement.

WARRANTIES By execution hereof, Advertiser and Agency and each of them, expressly warrant that Agency is authorized to perform for Advertiser as Advertiser’s agent such of those terms of this agreement as require or permit performance by agency for Advertiser, and that Agency’s or Advertiser’s signature below is a duly authorized representative. Both Advertiser and Agency, jointly and severally, assume liability to Publisher for payment of all sums due or which become due Publisher hereunder regardless of whether Advertiser has paid all or part of such sums to Agency. All advertising purchased under this contract is and shall be for business purposes only. ADVERTISING AGENCY

ADVERTISER/CLIENT Company Name

Company Name

Print Name of Signer

Print Name of Signer

Title

Title

Signature

Signature

Date

Date

PERSONAL GUARANTY

PERMIAN BASIN HOMES & LAND / PRINTMANIAC

Rep Name: Accepted by: Date

Date: TOMA

MAKE COPIES FOR ACCOUNTING, ADVERTISER, SALESPERSON

revised 5/25/09-JV


Permian Basin Homes & Land Magazine Frequency Agreement Back 6. PAYMENT TERMS: All rates are net cash with order except where credit has been approved by Publisher. Where credit has been extended, invoice terms are NET 20 DAYS. All billings not paid in accordance with these terms shall constitute default and entitle the Publisher, at its option, to stop inserting Advertiser’s advertising and/or terminate this contract. It is also agreed that all charges not paid within 30 days of billing date are subject to a finance charge of 1.5% per month. In the event that Advertiser makes an assignment for the benefit of creditors, or files a petition in bankruptcy or reorganization under the Bankruptcy Act, or is the subject of a involuntary bankruptcy petition, or if the Advertiser goes out of business, announces its intention to do so, or fails to provide the Publisher with reasonable reassurance of its status as a viable going concern, capable of an intending to pay for advertising, the Publisher has the right to immediately cease the insertions of Advertiser’s advertising in its publication, and demand payment in full for any unpaid balance. All current and past-due balances must be paid in full to secure future advertising, which shall be prepaid at Publisher’s then current non-contract rate. Payments made hereunder shall be inconsideration of present and future advertising and thus shall not be construed as a “preferential payment” in any future bankruptcy proceeding. Publisher reserves the right to cancel advertising at any time without notice upon default by the Advertiser in the payment of invoices, or in the event of any persistent violations on the part of the Advertiser of any of the terms and conditions of this Contract. Upon cancellation, all advertising published but unpaid shall be due and payable immediately. Any defaults in payment shall result in an automatic termination of this Contract. If Advertiser fails to promptly cure a default in payment, Advertiser shall pay Publisher a collection fee of 30% of all amounts past due, in addition to a reasonable attorney’s fee, together with all other collection costs or court costs expended by the Publisher in the event of litigation. Advertiser acknowledges that if litigation is required, venue for said suit shall be in Ector County, Texas. The Advertiser further waives the right to any jury trial in the event of any such litigation. Advertiser agrees to notify publisher in writing at least ten (10) business days prior to any change of ownership, sale, or other disposition of Advertiser’s business or the assets thereof, or of any new encumbrances on those assets, as well as any change in the business structure of the advertiser to another legal entity such as proprietorship, partnership, corporation, limited liability company, or any other legal entity. 7.Permission to Fax, Telephone and E-mail - The Advertiser and Publisher both agree that they have an established business relationship within the meaning of the Telephone Consumer Protection Act of 1991 (TCPA) and that the use of facsimiles, telephone calls and e-mails by Publisher and Advertiser to each other to convey information, including commercial information and advertisements, is mutually beneficial. Therefore, Publisher and Advertiser hereby grant permission to send unsolicited faxes, to telephone, and to send e-mails to each other. This permission expressly includes transmittal of advertisements and other commercial information. Permission continues until either party notifies the other in writing. 8. In event of typographical error advertising goods or services less than the proper price, Publisher will furnish letters to be posted in the store stating the correct price. Goods may not be sold at incorrect price printed in the advertisement with intent to charge the difference to the Publisher. The Publisher shall not be liable for errors unless proof is returned by specified proof release deadline. Publisher's liability for an error shall not exceed cost of space occupied by the error. Credit will be allowed for first insertion only. Claims for allowances for errors must be made within thirty (30) days of insertion. Notice of typographical errors must be given in time for correction before the section insertion, otherwise no claim for repetition of error shall be allowed. Allowance is not made for errors that do not materially affect the value of the advertisement. In no event shall Publisher be liable for resulting or consequential damage. Publisher will not be responsible for errors when correct proof of advertisement does not accompany insertion order or for insertion of incorrect material supplied by another newspaper or another outside source. 9. Orders requiring specific position or authorizing insertions with the proviso “or omit” cannot be accepted. Positions may be requested on any page on which advertising is acceptable and will be filled, if possible, depending upon editorial make-up and advertising space requirements. Publisher will not honor claims for adjustment, refund, or reinsertion because of position in which an advertisement has been published. Orders containing a provision that advertising shall not appear in proximity to, or to the exclusion of, other advertising cannot be accepted. Publisher's advertising columns are open to the competition of all legitimate advertisers. Specifications on orders restricting the kinds of news on any page are treated as requests only. 10. Publisher reserves the right to insert above any copy, the word “advertisement”, one or more times if advertisement could be construed by the reader as news or editorial content. A charge may be required for additional space needed. 11. This Contract cannot be invalidated by wrong insertions or omissions. In the event publication is interrupted for any reason, or if advertising to be published is omitted, the Publisher will not be held liable for failure to publish advertising. Advertiser is, and shall be, solely responsible for all statements, photographs, and illustrations contained in Advertiser's copy, and shall fully indemnify and hold Publisher harmless against any and all liability, loss, or expense arising out of publication of advertiser's copy, including reasonable attorney's fees, including without limitation, claims for libel, defamation, unfair competition, invasion of privacy, and infringement of trademark, copyright, trade dress, patent, or other intellectual property rights. The Publisher reserves the right to alter or reject any copy, including that which is not in the best interest of its readers or public decency. All contracts and orders are subject in all respects to Publisher’s rules and regulations on content of advertising matter, make-up and availability of advertising space. 12. This Contract is not assignable by Advertiser. However, notwithstanding any other provision in the Contract, Advertiser's obligation to pay for advertising already ordered, purchased, or published, shall also bind Advertiser's successors and assigns, as applicable. 13. This Contract incorporates by reference the Permian Basin Homes & Land Magazine (PBHL) Application for Credit, including all warranties, provisions, and representations. 14. Publisher reserves the right to cancel contract in the event it is decided to cancel advertising of a type, character or style heretofore accepted. 15. Publisher does not guarantee the insertion of all advertisements scheduled for a specific day in Extra Editions issued before or after regular publication hours. 16. Publisher assumes no responsibility for improper use of coupons forming part of an advertisement. 17. Agency Commissions - Retail rates are non-commissionable to agencies except as specified in the Publisher's Retail Rate Card on date of publication.


Media Packet