By signing your MPA Media Advertising Statement, the party certifies that they are empowered by their company or the company the represent as an agency to sign this agreement and bind their company or company they represent as an agent to the term of this contract and for all payments for all advertising according to the terms specified in this contract. The signer agrees to all MPA Media advertising terms & conditions on behalf of his/her company.
We acknowledge that we have received the "Ad Specifications and Publishing Schedule" and will adhere to the "Payment Due Date/Space Closing/Materials Due Date" deadlines for all copy, revisions, and payments.
If we do not send ad copy or ad copy revisions, in writing no later than "Payment Due Date/Space Closing/Materials Due Date" deadlines we understand that the last designated ad copy will be re-used for the next scheduled date. If initial ad copy is not received by the "Payment Due Date/Space Closing/Materials Due Date" deadline of the first ad, then ad placement will be rescheduled to the end of the current contract. MPA Media will apply an advertising Rush Fee of $120.00 towards all applicable ad submissions requiring processing, revisions and or design received 5 days after Space Closing/Materials Due Date deadlines.
We acknowledge that all ad mechanicals will be discarded after three months of the expired contract, unless a request for return is submitted, in writing, to MPA Media.
Prime Placement is applicable to your contracted Print Publication Advertising only. Due to the nature of digital publishing, your Prime Placement page may fall on a different page in the digital/online edition.
Applicable to all Sponsored Content Lead Contracts: Advertiser agrees to pay an initial minimum payment of $1,000.00 towards the payment for Sponsored Content Leads generated by the ad/article they submit. Upon delivery of the Sponsored Content Leads, client will pay the total of the amount per Sponsored Content Lead, as specified in the contract, for each lead provided, less that initial minimum payment. Advertising the same Sponsored Content in consecutive issues or multiple non-consecutive issues (unless separated by at least two months) generally reduces the likelihood of reader engagement. If the same Sponsored Content runs in consecutive issues, MPA Media will only guarantee 100 or more leads in the first issue in which the Sponsored Content appears. Payment will be made by credit card on file at the time the leads are provided to client, unless otherwise provided in the contract. Client will adhere to the Payment Due Date and Editorial deadlines.
Applicable to all Article Content Lead Contracts: Advertiser agrees to pay of all Article Content Leads generated by the article they select. Upon delivery of the Article Content Leads, client will pay the total contracted for by credit card at the time the leads are provided to client, unless otherwise provided in the contract. Payment will be made by credit card on file at the time the leads are provided to client, unless otherwise provided in the contract. Client will adhere to the Payment Due Date.
MPA Media will provide up to 30 minutes of graphic or web design services per advertising contract at no charge to non-agency clients. All graphic design services beyond 30 minutes per contract will be billed at a discounted rate of $95 per hour (15-minute minimum).
We agree that ad space must be paid in full prior on the payment due date (space closing) deadline, on the "Ad Specifications and Publishing Schedule" or according to approved payment terms located on our advertising statement. Non-payment hinders production and may cause MPA Media to reschedule or pull our advertisement from our contracted issue date. We agree that failure to pay invoices over 30 days past due is considered an act of cancelation of this contract unless other written arrangements are made with MPA Media.
We agree that if this contract and/or any components of this contract is cancelled for any reason before its completion, we will be billed for all unpaid advertisement which was published, we will be charged a $500 cancellation fee, a $1,000.00 cancellation fee applies to any poly-bag Insert contract plus all previous contract advertising will be re-invoiced at the onetime rate. All Print advertising cancellations must be made in writing before the Payment Due Date (space closing | materials) deadline. All Inserts, Web, Electronic, Video, and Webinar cancellations must be made in writing 45 days before the Payment Due Date (space closing | materials) deadline. Each webinar event can accommodate an audience of 500 max. All Print, Insert Web, Electronic, Video, and Webinar cancellations not made in writing before the Payment Due Date (space closing | materials) deadline as outlined above will be non-refundable with full payment.
MPA Media reserves the right to increase ad rates in alignment with production cost increases.
"Paid Advertisement" or "Sponsored Content" may be added to any ad copy at the publisher's discretion.
No Modification: This Agreement constitutes the entire agreement between MPA Media and you regarding the subject matter herein and supersedes any and all negotiations, representations, or agreements, whether written or oral. This agreement may only be amended by a written agreement signed by MPA Media and you.
MPA Media will make every attempt to deliver our publication to the circulation base on a regularly set schedule. However, delays may occur due to unforeseeable circumstances beyond MPA Media's control pertaining to the printer, mail house, U.S. Postal Service and acts of nature. MPA Media's mailing schedule does not imply a guaranteed delivery date.
Remedies: I understand and agree that, in the event this contract is breached by MPA Media, my damages are limited to the amount that I agreed to pay pursuant to this contract. I agree to this limitation of liability in order to receive more favorable advertising rates than would otherwise be available.
Jurisdiction: The parties submit to the jurisdiction of the courts of Orange County, California or a federal court empanelled in California for the resolution of all legal disputes arising under the terms of this Agreement; including, but not limited to, enforcement of any arbitration award.
Attorneys' Fees: Except as otherwise provided herein. If a dispute should arise between the parties including, but not limited to arbitration, the prevailing party shall be reimbursed for all reasonable expenses incurred in resolving such dispute, including attorneys fees, but exclusive of such amount of attorneys' fees as shall be a premium for results or for risk of loss under a contingency fee arrangement.
Authorization & Indemnification: All copy, graphics and images are accepted for publication by MPA Media entirely upon the representation that the agency and/or advertiser is properly authorized to publish the entire contents and subject matter thereof. It is understood that, in consideration of the publication of advertising, the advertiser and/or agency will fully hold harmless and will fully indemnify MPA Media, its affiliated companies and its third party vendors, including distributors, from and against any claim or demand by a third party, including without limitation reasonable attorney's fees, including claims that allege that the Submitted Information infringes any intellectual property right under the laws of the United States of a third party. We shall indemnify MPA Media and hold harmless MPA Media, its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by us of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Information.
EXPIRATION OF CONTRACT: This offer shall be deemed revoked and a new contract must be originated if it has not been signed by the Company Officer/Owner prior to the payment due date (space closing date) of the first contracted ad.
MPA Media reserves the right to reject or cancel any advertising for any reason, at any time, including, but not limited to, rejecting any advertising that makes a direct or indirect negative statement, reference or inference to any other vendor or company.
We agree that I/we shall not hold ourselves out as in any way as sponsored by, affiliated with, or endorsed by MPA Media or its subsidiaries or affiliates. We agree not to defame or disparage MPA Media, its trademarks or service marks.
We agree that MPA Media reserves the right to modify these terms and conditions at any time, effective upon posting of an updated version on the mpamedica.com website. We are responsible for regularly reviewing these terms and conditions. Continued advertising after any such changes are made shall constitute our consent to such changes.