Visit Black Houston 2017 Advertising Kit

ADVERTISING KIT PREPARED FOR JEAN CLAUDE PANDA Managing Director of ABC Studio CONTACT Elevation - Marketing Consultant (832) 707-5057 Elevation@VisitBlackHouston.com

TABLE OF

Contents

03

06

Section 01

Introduction Section 02

Target Audience Profile Section 03

08

Who Reads Magazines?

Section 04

09

Return on Investment Section 05

12

What Are People Buying?

Section 06

20

Why Do I Need To Advertise?

Section 07

22

Advertising Rates & Specifications Section 08

26

Marketing Services

30

Business Services

Section 09 Section 10

31

Terms & Conditions for Advertising

INTRODUCTION

V

isit Black Houston is the premiere authority on Arts, Culture, Entertainment, and Business in the African, Caribbean, African American, and African Latin communities in the Greater Houston Area.

VisitBlackHouston.com was started in 2014 to as a digital platform provide the Pan African community with more exposure and economic vitality.

Visit Black Houston Magazine is a print publication that was started in December 2016 for two reasons.

The first reason is, to provide a balanced marketing strategy consisting of intenet and print marketing because too many Black owned businesses have been closing month after month. We’re looking to turn that around by providing costeffective solutions.

The second reason is we’re looking to bring jobs back to our community. The national economy is reportedly getting better according to some sources. The Black unemployment rate has been estimated between 13% to 29%.

As we grow in the community, we intend to employ people from the community. Your support is greatly appreciated.

We need your help.

TARGET AUDIENCE PROFILE

EXPENDITURES BY ALL BLACK HOUSEHOLDS IN THE HOUSTON AREA (Figures in millions of dollars. 1,000 = $1 billion) Apparel Products and Services Appliances Beverages (Alcoholic) Beverages (Non-Alcoholic) Books Cars and Trucks - New & Used Computers Consumer Electronics Contributions Education Entertainment and Leisure Food Gifts Health Care Households Furnishings and Equipment Housewares Housing and Related Charges Insurance Media Miscellaneous Personal and Professional Services Personal Care Products and Services Sports and Recreational Equipment Telephone Services Tobacco Products and Smoking Supplies Toys, Games and Pets Travel, Transportation and Lodging

Source: Target Market News

559 72 76 114 6 599 134 94 521 167 74 1,868 189 675 402 12 5,448 545 258 157 132 204 23 482 92 71 191

ESTIMATES OF BLACK INCOME (GROSS DOMESTIC PRODUCT) Black Population in Houston

1,139,663

18.1% of the total Houston population

Total Black Earned Income by City (In billion of dollars, ranked by Black population)

New York, NY Chicago, IL Detroit, MI Philadelphia, PA

Houston, TX Los Angeles, CA Baltimore, MD Memphis, TN Washington, DC New Orleans, LA Dallas, TX Atlanta, GA

59.5 28.5 20.6 17.6

$13,200,000

11.6 11.6

10.6 9.2 8.6 8.3 6.8

Source: Target Market News, BlackDemographics.com Migration Policy Institute, American Community Survey

WHO READS MAGAZINES?

RETURN ON INVESTMENT (1 OF 3)

RETURN ON INVESTMENT (2 OF 3)

RETURN ON INVESTMENT (3 OF 3)

WHAT ARE PEOPLE BUYING?

Food, Beverage, & Alcohol

Healthy Living, Weight Loss, & Pharmaceuticals

Home Improvement

Fashion, Sports, Parenting

Automotive

Automotive (continued)

Finance, Automotive, Travel, Healthcare, Food

WHY DO I NEED TO ADVERTISE?

8 Great Reasons To Advertise...

1. You must advertise to reach new customers.

It is your job as a business owner to reach out and expose your products and services to new potential customers as often as possible.

2. You must advertise continuously.

Potential customers are becoming savvier and they don’t want to risk their hard-earned money with a business that they don’t know or that doesn’t have a track record in the community. One easy way to gain trust from potential customers is to consistently advertise your business. This will build both visual and memory recognition.

3. You must advertise to remain in your potential customers buying process.

No one can predict when a potential customer is ready to buy. So it is very important to keep your business in the minds of the potential customers when they are ready to make a buying decision.

4. You must advertise because your competition is advertising.

One of the biggest mistakes most businesses make is to relay on word- of-mouth advertising.

If you don’t advertise you will be allowing your competition to form an opinion and gain more credibility in the minds of your potential customers in their favor.

5. You must advertise because it pays off over the long run.

If you continue to market your business you’ll gain Respect, Trust and Credibility from the community. This will allow you to virtually print money because your potential customers will be eagerly waiting for your next Specials of the Week!

6. You must advertise to generate more traffic and leads. You can have the best product, service, customer service, equipment, food, etc.

Phone Ring! But if you don’t have a long line of potential customers your business will suffer a fate that no business man or women like to talk about.

7. You must advertise to keep a healthy positive mind.

People in general are attracted to positive minded people and positive minded businesses.

8. You must stay focused and be willing to learn more about marketing.

Many businesses owners lose their focus and they start to let their marketing slip. This could start a dangerous downturn for your business that can’t be stopped. Advertising is the best way to prove to you and your potential customers that you are serious about your business.

VISIT BLACK HOUSTON ADVERTISING RATES & SPECIFICATIONS Ad Size

Width

Height

1x

3x

6x

12x

2 Page Spread

16”

10.5”

$500.00

$475.00

$450.00

$425.00

Full Page

8”

10.5”

$250.00

$237.50

$225.00

$212.50

1/2 Page Horizontal

8”

5.25”

$125.00

$118.75

$112.50

$106.25

1/2 Page Vertical

4”

10.5”

$125.00

$118.75

$112.50

$106.25

1/4 Page

4”

5.25”

$65.00

$61.75

$58.50

$55.25

Front Cover

8”

10.5”

$600.00

$600.00

$600.00

$600.00

Back Cover

8”

10.5”

$400.00

$400.00

$400.00

$400.00

Inside Front Cover

8”

10.5”

$350.00

$332.50

$315.00

$297.50

Inside Back Cover

8”

10.5”

$300.00

$285.00

$270.00

$255.00

Glossy Front Cover

8”

10.5”

$2,000.00

$2,000.00

$2,000.00

$2,000.00

Glossy Back Cover

8”

10.5”

$1,850.00

$1,850.00

$1,850.00

$1,850.00

Glossy Inside Front Cover

8”

10.5”

$1,750.00

$1,662.50

$1,575.00

$1,487.50

Glossy Inside Back Cover

8”

10.5”

$1,650.00

$1,567.50

$1,485.00

$1,402.50

ACCEPTABLE

DIGITAL AD SPECIFICATIONS

File format: PDF/X1-A, optimized, plate-ready (PDF version 1.3 Acrobat 4 compatible) Proof Requirements: Digital Image Resolution : 300 dpi Use CMYK images for your color graphics ADVERTISERS SUBMITTING FILES IN A NON-PDF FORMAT, FORFEIT THE RIGHT TO COMPLAIN FOR CONTENT OR QUALITY ISSUES. Visit Black Houston reserves the right to resize, re-crop or otherwise alter ads that are supplied incorrectly.

Fonts: All fonts must be embedded. We cannot download your fonts.

Email file(s) to Ads@VisitBlackHouston.com or Elevation@VisitBlackHouston.com Contact: Elevation at 832.707.5057 if there are any questions.

NOT ACCEPTABLE: Ads created in Microsoft Word, Publisher, Excel or Powerpoint.

Images using RGB or Index color images for your color graphics.

Images less than 300 ppi.

Images pulled off the Internet.

Using rich-black for your black text Using less than 10 point font size for color or reverse type.

Discounts will only be applied to clients with a signed advertising contract on file.

DISTRIBUTION INFORMATION Visit Black Houston Magazine can be found in the following places: Restaurants (i.e. Soul Food, Caribbean, African, Barbecue, etc) Beauty Salons & Barbershops Doctor’s Offices Conveniences Stores & Gas Stations HEB Grocery Stores** Fiesta Grocery Stores** Houston Community College Texas Southern University CVS Pharmacy Walgreens

ZIP CODES OF DISTRIBUTION*

We print print 10,000 copies per month. We will print more as we receive more support and participation from the community.

2017 Deadlines & Release Dates

77002

77048

77073

77004

77054

77082

77021

77061

77083

77025

77065

77084

77026

77067

77087

77032

77069

77090

77033

77070

77338

77035

77071

77449

77042

77072

77584

*More zip codes will be added if and when needed **See page 24 for grocery store distribution info

August 31, 2017

Sept. 5, 2017

Sept. 30, 2017

Oct. 5, 2017

Oct. 31, 2017

Nov. 5, 2017

Nov. 30, 2017

Dec. 5, 2017

Dec. 31, 2017

Jan. 5, 2018

Visit Black Houston can be found in the following grocery stores beginning September 2017 FIESTA GROCERY

8650 SOUTH BREASWOOD

HOUSTON

TX

HARRIS

77031

FIESTA GROCERY

12355 MAIN

HOUSTON

TX

HARRIS

77035

FIESTA GROCERY

6200 BELLAIRE

HOUSTON

TX

HARRIS

77081

FIESTA GROCERY

11240 FONDREN

HOUSTON

TX

HARRIS

77096

FIESTA GROCERY

1530 INDEPENDENCE BOULEVARD

MISSOURI CITY

TX

FORT BEND

77489

HEB

7755 WEST BELLFORT AVENUE

HOUSTON

TX

HARRIS

77071

HEB

6100 W FUQUA

HOUSTON

TX

HARRIS

77085

HEB

5417 BRAESWOOD BLVD

HOUSTON

TX

HARRIS

77096

FIESTA GROCERY

4114 FULTON

HOUSTON

TX

HARRIS

77009

FIESTA GROCERY

1020 QUITMAN

HOUSTON

TX

HARRIS

77009

FIESTA GROCERY

4711 AIRLINE

HOUSTON

TX

HARRIS

77022

FIESTA GROCERY

5815 LOCKWOOD

HOUSTON

TX

HARRIS

77026

FIESTA GROCERY

10401 JENSEN

HOUSTON

TX

HARRIS

77093

HEB

12680 WEST LAKE HOUSTON PKWY

HOUSTON

TX

HARRIS

77044

HEB

3800 LITTLE YORK ROAD

HOUSTON

TX

HARRIS

77093

HEB

4303 KINGWOOD DRIVE

KINGWOOD

TX

HARRIS

77339

HEB

7405 FM 1960 RD EAST

HUMBLE

TX

HARRIS

77346

HEB

2929 FM 1960

HUMBLE

TX

HARRIS

77346

FIESTA GROCERY

5600 MYKAWA

HOUSTON

TX

HARRIS

77033

FIESTA GROCERY

9420 CULLEN

HOUSTON

TX

HARRIS

77051

HEB (OSR)

4206 AVENUE T

SANTA FE

TX

GALVESTON

77510

HEB

701 PARKWOOD AVENUE

FRIENDSWOOD

TX

GALVESTON

77546

HEB

2710 PEARLAND PKWY

PEARLAND

TX

BRAZORIA

77581

HEB

2805 BUSINESS CENTER DRIVE

PEARLAND

TX

BRAZORIA

77584

HEB (OSR)

207 EAST SOUTH STREET

ALVIN

TX

BRAZORIA

77511

FIESTA GROCERY

3707 AVENUE H

ROSENBURG

TX

FORT BEND

77471

HEB

10161 W GRAND PARKWAY SOUTH

RICHMOND

TX

FORT BEND

77407

HEB

8900 HIGHWAY 6

MISSOURI CITY

TX

FORT BEND

77459

HEB

4724 HIGHWAY 6

MISSOURI CITY

TX

FORT BEND

77459

HEB

19900 HIGHWAY 59

SUGAR LAND

TX

FORT BEND

77479

HEB

530 HIGHWAY 6

SUGAR LAND

TX

FORT BEND

77479

Marketing Services

Text Message Marketing

Text messages have a 98% open rate, while email has only a 20% open rate.*

90% of all text messages are read in under 3 minutes. ** Text or Photo

Costs Per Message

Quantity

Total

Text

0.15

500

$75.00

Text

0.15

1,000

$150.00

Text

0.15

2,000

$300.00

Text

0.15

3,000

$450.00

Text

0.13

5,000

$650.00

Photo

0.25

500

$125.00

Photo

0.25

1,000

$250.00

Photo

0.25

2,000

$500.00

Photo

0.25

3,000

$750.00

Photo

0.23

5,000

$1,150.00

1. All mobile numbers to be used in the campaign must be supplied by the client.

2. All texts will be sent from a unique phone number and will have a unique custom keyword for the campaign. There is a $20 monthly charge for the unique phone number.

A 5% discount is applied if paid 3 months in advance. A 10% discount is applied if paid 6 months in advance. A 15% discount is applied if paid a year in advance.

3. Unused messages will not expire.

4. *Source: http://www.business2community.com 5. **Source: Conversational Advertising White Paper by mobileSQUARED and SinglePoint

Marketing & Production E-mail Blast Reach 10,000 Subscribers for Only $109 Direct Mail Marketing We can help you place your marketing materials in the hands of actual residents of various demographics. Every project is different, contact us for a custom quote.

Print Production Services We can create and print Souvenir Books, Calendars, Mini-Digest Books for your next project.

Many people like them because they can serve as a source for fundraising.

We can even have them mailed directly to your clients.

Call for a custom quote.

Media Planning & Buying We can assist you with getting your message heard on television, radio, billboards, and more.

Every quote is tailored to your campaign objectives.

Social Media Visit Black Houston promotes the magazine and businesses in the magazine on it’s social media pages. We can also create a social media campaign specifically for your business as well.

We will create a custom quote for you after a free consultation.

Videography

Small Job*

Medium Job**

Small Business Marketing

$1,879.00

$5,277.00

Real Estate Video

$1,306.00

$3,438.00

Music Video

$3,420.00

$10,451.00

Product Demo Video

$2,042.00

$5,230.00

Testimonial or Interview Video

$1,631.00

$4,021.00

Wedding Video

$2,388.00

$4,721.00

Event Video

$2,368.00

$6,151.00

Tv Commercial

$4,092.00 (30 sec)

$14,810.00 (60 sec)

*Small Job consists of 1 camera and no assistant. ** Medium Job consists of 2 cameras and 1 assistant.

All prices include editing, graphics, recuts, etc.

Custom quotes can be provided for larger projects.

If the scope of work requested by the client is outside our normal range of work, Visit Black Houston reserves the right to modify the above pricing to reflect the work requested by the client.

The client will be notified in writing of what the custom quote is before any work begins or any deposit is received..

Product Photography

Number of Photos*

Web Ready

Web & Print Ready

1 to 5

$25.00 Per Photo

$30.00 Per Photo

6 to 25

$21.00 Per Photo

$25.00 Per Photo

26 to 99

$18.00 Per Photo

$21.00 Per Photo

100+

$15.00 Per Photo

$18.00 Per Photo

*Multiple photos of the same product are priced separately. e.g. If we photograph the front of a product and the back of the same product separately, that is counted as two photos.

Pricing for both product photography packages is for images photographed individually against a grey or blue background only and available for approval within 3 to 7 business days.

Product photography is ideal for jewelry, food, small electronics, and other small retail items.

Group Shots - Contact us for a quote. A group shot is an image in which multiple products are photographed at once. Due to lighting concerns, some products might require individual photos to accommodate each product’s lighting requirements, which is why an individual quotation is requested.

24 to 48 Hour Expedited Service $10.00 Per Photo. Please contact us first to make sure our schedule will allow us to expedite your work order.

50% of the deposit is non-refundable and is required when scheduling the photo shoot. The other 50% is due when we arrive for the photoshoot.

Creative Services

Graphic Design

Cost

Turn Around Time

Flyer Design*

$99.00

48hrs -72hrs

Logo Design**

$295.00

Varies

Website Design

$2,800.00

Varies

Mobile Website Design

$4,000.00

Varies

Brochure Design and Layout

Cost

Turn Around Time

Single Sided Flyer (A4) *

$200.00

Varies

Bi-fold (A4) *

$500.00

Varies

Tri-fold (A4) *

$600.00

Varies

Presentation folder with inside pockets (A4)*

$400.00

Varies

Double-sided A4 insert*

$300.00

Varies

Booklet: Design costs will always vary based on the number of pages.

However for a corporte brochure of up to 10 pages, that will cost approximately $5,000 dependent upon the design complexity.* *All above prices are for the design of the product only which will be delivered to you in a PDF, PNG, or JPG format only.

All rights for all designs we create are retained by Visit Black Houston.

These prices do not include printing. We can provide printing quotes upon request. **Complex or time intensive logos will be priced accordingly and the client will be notified beforehand.

Business Services Filing Fee

Company Kit**

Turnaround Time*

LLC

$200.00

$100.00

Varies

C-Corporation

$200.00

$100.00

Varies

S-Corporation

$200.00

$100.00

Varies

Nonprofit

$200.00

$100.00

Varies

U.S. Trademark Filing

$100.00

Varies

Copyright

$100.00

Varies

Google AdWords Grant Filing****

$500.00

Varies

Google AdWords Monthly Maintenance****

$250.00

Varies

*Visit Black Houston will professionally prepare the electronic application to be filed. The typical turnaround time is 7 business days. The filing can usually be expedited for $50.00 to $100.00. If the fee exceeds this, you will be notified. **For Profit Corporation Kit Gold decorated 3 ring turned edge Binder with corporate name gold embossed on spine, 10 custom-printed numbered Stock Certificates, pre-printed Minutes and Bylaws, Stock Transfer Ledger and Specialized Index Dividers. Corporate Seal engraved with corporate name. Binder Slipcase Limited Liability Company Kit Gold decorated 3 ring turned edge Binder with company name gold embossed on spine, 10 custom-printed numbered Membership Certificates, Pre-printed Minutes and Operating Agreement, Membership Roll and Specialized Index Dividers. Corporate Seal engraved with corporate name.

Binder Slipcase Non Profit Corporate Kit Gold decorated 3 ring turned edge Binder with corporate name gold embossed on spine, 10 custom-printed numbered Membership Certificates, pre-printed Minutes and Bylaws, Membership Roll and Specialized Index Dividers. Corporate Seal engraved with corporate name. Binder Slipcase

****Run text ads on Google Search results with $10,000 USD of in-kind advertising every month. Reach new advocates for your cause while saving resources for what matters most.

Raise awareness through nonprofit advertising. Grow your nonprofit funding network. The Google AdWords Grant Filing and Google AdWords Monthly Maintenance fee must be paid before the start of the project.

Terms & Conditions for Advertising These Advertising Terms and Conditions are hereby made part of the Agreement (the “Advertising Agreement”) by and between Visit Black Houston (“Publisher”) and the advertiser named therein and party thereto (“Advertising Party”) and its advertising agency, if any (“Advertising Agency,” and together with Advertising Party, “Advertiser”). Each such party acknowledges that the following additional terms and conditions are incorporated in and made a part of the Advertising Agreement. These Advertising Terms and Conditions, including the Advertising Agreement (along with any supplements, amendments, exhibits, schedules or addendums thereto, collectively, the “Agreement”), shall be binding upon the parties.

1. ADVERTISING ACCEPTANCE; PUBLISHER’S RIGHT TO REJECT OR ALTER

(a) Submission of an advertisement to Publisher does not constitute a commitment by Publisher to publish the advertisement. Publisher accepts advertising only by publishing such advertisement. Upon such acceptance, Advertiser acknowledges that (i) the terms and conditions set forth in this Agreement shall apply to all advertising orders unless such terms and conditions are modified, superseded or otherwise altered by a written instrument signed by an authorized representative of Publisher, (ii) the terms and conditions set forth in this Agreement shall prevail over any inconsistent terms and conditions set forth in any order or contract form of any Advertiser and (iii) insertion orders containing disclaimers are not acceptable and are not legally binding or valid. Publisher has the right, in its sole and absolute discretion, to reject any advertisement or any portion thereof. Publisher’s publication of an advertisement shall not affect its right to reject such advertisement thereafter. (b) Publisher reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Advertising Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page. Publisher rates are based on column inch size rather than actual published size, which may have shrinkage related to the printing process.

2. LAWFUL ADVERTISING; INDEMNIFICATION

Advertising Party and Advertising Agency, if applicable, jointly and severally represent and warrant that (a) any and all material submitted to Publisher (i) is accurate and original, (ii) does not violate any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, (iii) does not constitute unfair competition, and (iv) contains no matter which is libelous, an invasion of privacy or publicity, an unlawful appropriation of any name or likeness or is otherwise injurious to the rights of any person; and (b) each of Advertising Party and Advertising Agency, if applicable, has obtained all necessary consents for publication prior to submission to Publisher. Advertising Party and Advertising Agency, if applicable, jointly and severally agree to defend, indemnify and hold Publisher and its affiliates and their respective directors, officers, principals, managers, members, partners, shareholders, employees, and controlling persons and their affiliates (Publisher and each such person being an “Indemnified Party”), harmless from and against all damages to and liabilities resulting from or relating to demands, claims, actions or causes of action, assessments or other losses, costs and expenses relating thereto, interest and penalties thereon and attorneys’ fees, legal fees and any other expenses in respect thereof or in enforcing their rights hereunder, by reason of or resulting from or attributable to its breach of this Agreement, the publication of any advertisement by Publisher (whether or not Publisher assisted in the preparation of the advertisement), or the distribution of any sample product submitted by Advertising Party and/or Advertising Agency.

3. MATERIALS; COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY

(a) Publisher has no obligation to return any material submitted to Publisher by or on behalf of Advertiser to Advertiser or any other party, and Publisher shall have no liability for its loss or destruction. (b) Publisher shall have the right to use any advertising published in Publisher’s publication for the purpose of promoting any of the products and services of Publisher. Advertiser grants Publisher a non-exclusive, perpetual, irrevocable and worldwide license to publish any and all advertising content created by Advertiser or its agents or Publisher, including but not limited to photographs, artwork, text and graphics, in any media, presently known or unknown, including but not limited to Publisher’s electronic publications on the Internet and in any archival retrieval system whether that information is digitally stored or stored on any other media. To the extent feasible and with the use of known technological resources, Publisher agrees that it will make reasonable efforts to prevent the reproduction of coupons capable of redemption by a consumer in any of Publisher’s electronic publications.

4. POSITION REQUESTS

Publisher shall not be deemed in breach of this Agreement in the event that it does not honor a specific position agreement due to conflicting editorial needs, in Publisher’s sole discretion. In the event Advertiser has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to the refund of such premium to Advertiser.

5. LIABILITY FOR ERRORS, OMISSIONS OR FAILURE TO PUBLISH OR DISTRIBUTE

(a) Publisher’s liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement. Publisher’s liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Publisher for such advertisement or insert. Notwithstanding the foregoing, Publisher shall have no liability for, and no credit shall be issued to Advertiser for, errors that do not materially affect the value of the advertisement or advertising insert or where Advertiser is responsible for the error or omission. Credits for errors in advertisements or advertising inserts materially affected by the error are allowed for the first publication or distribution only. (b) Notwithstanding anything to the contrary herein, in no event shall Publisher be liable to Advertiser or to any other parties for any further damages of any kind arising from any breach of this Agreement or any other advertising contract, written or oral, or act or omission of Publisher with respect to an advertisement or advertising insert, including but not limited to, direct, indirect, special, consequential, or punitive damages. (c) Publisher is not responsible for errors involving orders, cancellations or corrections given orally. Written or facsimile confirmation of orders, cancellations or corrections must be received prior to Publisher’s cancellation deadline. Publisher will publish advertisements and bill Advertiser for all advertising orders that are not canceled prior to the deadline. Advertiser may be subject to a cancellation charge when such cancellation results in production delays.

6. PAYMENT; DISPUTES

Advertiser shall pay all invoices within 15 days of invoice date. Advertiser waives any dispute regarding any item included in an invoice unless notice of such dispute is provided to Publisher in writing within 30 days of the invoice date. For advertising inserts distributed via insertion in the Publisher’s newspaper and/or via Publisher’s non-subscriber distribution program(s), quantity billed is based on the delivery quantity requirements provided by Publisher to Advertiser. Delivery quantity requirements are based on an estimate of circulation ordered plus an estimate for nonsubscriber distribution, if any, plus provision for unsold copies of the newspapers, and an estimated amount for shipment and machine spoilage.

Newspaper circulation is variable, therefore it is recommended that Advertiser confirm delivery quantity requirements with their advertising sales representative just prior to ordering a print run. However, the Publisher shall not be responsible nor provide rate adjustments for shortages or overages in delivery quantity requirements realized through circulation fluctuations or for circulation missed caused by shortages in the Advertiser’s insert quantity provided.

7. AMENDMENTS; WAIVERS; RATE CHANGES

(a) Waiver of any term of this Agreement or failure of Publisher to terminate this Agreement on account of any breach by Advertiser shall not be deemed a waiver of Publisher’s rights to subsequently enforce any term or to terminate this Agreement by reason of any subsequent breach by Advertiser. No waiver by either party on any one occasion shall extend to or effect or be construed as a waiver of any right or remedy on any future occasion or with respect to any prior occasion. No course of dealing of any person nor any delay or omission in exercising any right or remedy shall constitute an amendment of this Agreement or a waiver of any right or remedy of any party hereto. (b) Except as set forth in subsection (c) of this Section 7, no amendment of any term, provision or condition of this Agreement shall be effective, unless in a writing executed by each of the parties hereto that specifically refers to this Agreement. (c) Publisher shall have the right to revise the advertising rates set forth in this Agreement at any time upon notice to Advertiser of such rates.

Advertiser may terminate this Agreement on the date the new rates become effective by giving written notice within 30 days of such termination. In the event of such termination, Advertiser shall be liable for Advertising published prior to such termination at the Current Agreement Rate. “Current Agreement Rate” is defined as the billing rate in effect at the time of publication. (d) If the United States Postal Service implements a postage cost increase at any time during the term of this Agreement, Advertiser understands and agrees that the advertising rates set forth in this Agreement shall be adjusted to reflect that increase automatically upon the effective date of the United States Postal Service increase.

8. TERMINATION OF AGREEMENT; EFFECT OF TERMINATION

(a) Publisher shall have the right to terminate this Agreement at any time, with or without notice to Advertiser, for Advertiser’s failure to remit payment for invoices by the due date of such bills. (b) Publisher reserves the right to review the volume of advertising placed on a quarterly basis and to cancel the contract in its sole discretion if advertising placed falls 15% or more below the quarterly average volume needed to fulfill the twelve-month contract amount, if Advertiser has such a contract with Publisher. Failure of Publisher to review the frequency of advertising or cancel the contract for any reason shall not be deemed a

waiver of the right to cancel in the future or to impose any applicable rate adjustment. (c) Subject to the terms of subsection (e) of this Section 8, Advertiser shall have the right to terminate this Agreement at any time by written notice to Publisher. (d) Publisher shall have the right to terminate this Agreement for any reason and at any time by written notice to Advertiser, in which event and so long as Advertiser has been meeting its revenue, volume or other commitment to Publisher over time in a way that is consistent with Advertiser reaching its final commitment, Advertiser shall be liable for advertising prior to such termination at the Current Agreement Rate. (e) Except for a termination under Section 7 above, in the event the Agreement is terminated or for any other reason Advertiser fails to purchase during the term of the Advertising Agreement the advertising generating the revenue, volume or other commitment due to Publisher, Advertiser immediately shall pay to Publisher the lesser of the following: (i) the original commitment made to Publisher under the Advertising Agreement or (ii) an amount for all advertising published during the term including advertising previously billed (“Amount Due”), adjusted for space, inserts and color actually used. The unpaid balance of such adjusted Amount Due shall be based upon the “Actual Rate Earned” for advertising during the term.

The“Actual Rate Earned” is defined as the rate which would have been payable by Advertiser if the amount of advertising actually purchased during the term had been contracted for in the first instance, and such Actual Rate Earned shall be ascertained by reference to the applicable Publisher rate card in effect on the date that the advertising was published.

9. INTEGRATION

Advertiser agrees that no representations of any kind have been made to Advertiser by Publisher or by any of its agents and that no understanding has been made or agreement entered into other than as set forth herein.

10. FORCE MAJEURE

Publisher shall not be liable for failure to publish or distribute any advertisement because of strikes, labor disputes, government action, war, fire, breakdown of equipment, terrorist act, or any other cause beyond its reasonable control.

11. OTHER SERVICES

Except as stated otherwise, payments by Advertiser to Publisher for services or goods other than advertising space, inserts and color shall not be applied toward any revenue totals set forth in the Agreement.

12. COLLECTIONS

Advertiser shall be liable for all costs incurred by Publisher, including but not limited to attorneys’ fees and expenses, in collecting past due accounts and in defending any and all claims asserted in the action.

13. TAXES

Any and all taxes levied against advertising shall be added to the advertising charges, including but not limited to any sales taxes.

14. PREPARATION OF ADVERTISING

Advertiser represents and warrants that it is familiar with all laws and regulations applicable to its advertisement(s), and that advertising material submitted to Publisher shall be in compliance with such laws and regulations. On request, Publisher may assist Advertiser in preparing its advertisement(s) for publication. This assistance may include design, composition, text and artwork. Publisher does not assume any obligations to perform a legal review of Advertiser’s advertisement(s). Advertiser remains solely responsible for the contents of the advertisement(s) and for compliance with any laws regulating such advertising.

15. ASSIGNMENT

This Agreement and the rights and obligations hereunder are personal to Advertiser and may not be assigned by any act of Advertiser or by operation of law, change of control of Advertiser or otherwise without the prior written consent of Publisher, to be granted or not granted in Publisher’s sole and absolute discretion. Advertiser may not assign to, nor utilize for the benefit of another person or entity, any of the lineage required to be purchased by Advertiser without Publisher’s prior written consent, to be granted or not granted in Publisher’s sole and absolute discretion.

16. SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this Agreement. To the full extent, however, that the provisions of any applicable law may be waived, they are hereby waived to the end that this Agreement be deemed a valid and binding agreement enforceable in accordance with its terms.

17. JOINT AND SEVERAL LIABILITY OF ADVERTISING PARTY AND ADVERTISING AGENCY

Advertising Party and Advertising Agency are each hereby obligated, jointly and severally, to pay any and all amounts owed to Publisher, as and when the same shall become due and payable, in accordance with the terms hereof. All written agreements between Advertising Party and Advertising Agency, shall include provisions whereby each such party agrees that Publisher has a right to recover any and all amounts owed hereunder from either such party directly. Publisher shall be a third-party beneficiary of all such agreements. Publisher is hereby irrevocably appointed as each of Advertising Agency’s and Advertising Party’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any amounts owing from Advertising Party to Advertising Agency, or Advertising Agency to Advertising Party, as the case may be, pursuant to such agreements and Publisher shall retain such amounts to offset amounts due hereunder. Each of Advertising Agency and Advertising Party shall immediately upon receipt pay directly to Publisher any and all amounts that it receives from Advertising Party or Advertising Agency, as the case may, for payment of amounts owed pursuant to this Agreement.

18. REPRESENTATIONS AND WARRANTIES

Each of Advertising Party and Advertising Agency, hereby represents and warrants to Publisher: (a) It is duly incorporated or formed, as the case may be, validly existing and in good standing under the laws of the state of its incorporation or formation, as the case may be, and has all requisite power to own, lease and operate its property and to carry on its business as now being conducted. (b) All action on the part of such party necessary for the authorization, execution and delivery of, and the performance of all of its obligations under, this Agreement has been duly taken. This Agreement constitutes a valid and binding obligation of such party, enforceable against it in accordance with its terms. (c) The execution and delivery by such party of this Agreement do not, and the consummation of the transactions contemplated hereby will not, (i) violate or conflict with the organizational documents of such party or (ii) constitute a material breach or default or give rise to any lien or other encumbrance, third-party right of termination, cancellation, material modification or acceleration under any material agreement, understanding or undertaking to which it is a party or by which it is bound, or violate or conflict with any applicable law. (d) All written agreements between Advertising Party and Advertising Agency include provisions whereby each such party agrees that Publisher has a right to recover any and all amounts owed hereunder from either such party directly. (e) Advertising Agency is authorized and has the power to (i) enter into this Agreement on behalf of or in the name of Advertising Party and (ii) bind Advertising Party to this Agreement without the prior written consent of Advertising Party. (f) Advertising Party is authorized and has the power to (i) enter into this Agreement on behalf of or in the name of Advertising Agency and (ii) bind Advertising Agency to this Agreement without the prior written consent of Advertising Agency General Terms and Conditions(Visit Black Houston) version 777312 (g) All issues related to advertising will be governed by the laws of the State of Texas applicable to contracts to be performed entirely therein.

Any action brought by Advertiser against Publisher relating to advertising must be brought in the state or federal courts in Texas and the parties hereby consent to the jurisdiction of such courts.