Publishers Liability Statement
Advertiser assumes all responsibility for material and copy submitted to be published. It is understood that advertiser will indemnify and hold the Arizona Production Association (Publisher) and Publisher's representatives harmless from any claim or lawsuits for libel, violation of right of privacy, plagiarism, copywriting/trademark infringement, or any other claim or lawsuits that may arise as a result of such advertising. In the event of errors occurring in advertisements that are the fault of the Publisher and/or its representatives, the Publisher's liability shall not exceed the cost of the space occupied by the erroneous advertisement. No allowance will be made for errors that do not materially affect the value of the advertising. It is agreed and understood that all copy, drawings and cuts to be included in the advertisement(s) shall be furnished by the advertiser, unless the advertiser has retained the Publisher to provide these services for an additional fee.
The Advertiser/Agency named herein and the Arizona Production Association (Publisher) agree to place the listed advertisement(s) on the APA's web site (Publication) subject to the conditions below.
This contract/agreement and the rates specified herein shall be binding upon the Publisher and the Advertiser/ Agency. Web ad invoices must be paid in full before the ad will be placed on APA's web site.
Advertisements are accepted upon the representation that the advertiser and/or its agency have the right to authorized publication of the contents thereof. In consideration of such publication, advertiser and its agency agree to indemnify, defend and hold publisher (APA) and its agents harmless against any expense, claim or loss arising out of publication.
Publisher will take every precaution to ensure that each ad appears correctly in the location specified. The Publisher is not responsible for errors that appear in the published version. If artwork is not submitted to the Publisher by the due date, the Publisher reserves the right to insert any previous ad (if applicable) or start the run time of the ad without the artwork. Free web ads received as a result of any discount or special offer will be inserted on a space available basis and may be moved or removed during the run time of the paid ad.
Advertiser acknowledges that ad positions may change in the event of a site update or redesign during the run dates of the ad. In the event of a site change, Publisher will make every effort to place existing ads in positions as close to their original spots as possible. Advertiser acknowledges that unless specified otherwise, all ads purchased will appear in rotation with other ads purchased for the same position up to the maximum number of images specified in the rate card.
In the event the Advertiser/Agency defaults on any of the terms of this contract, the Advertiser/Agency agrees to pay all costs of collection, and if referred to an attorney, agrees to pay all attorney's fees, court costs and any other additional costs appertaining thereto. In the event of default, the Advertiser/Agency agrees to 18% per annum and if any amount is reduced to judgment, Advertiser/Agency agrees to pay at a judgment rate of 18% per annum. Venue and jurisdiction for any dispute between the Publisher and Advertiser/Agency will be Maricopa County, Arizona and the laws of the state of Arizona shall apply.
In the event of default, both the Advertiser and Agency in the applicable case, shall be jointly and severally liable as set forth in this contract. Further, in the event of such default, the Agency agrees to assign to the Publisher its rights in any money owed to the Agency from the Advertising for such advertising, until this default of the Agency to the Publisher is cured. If the Agency defaults, in the applicable case, then Publisher reserves the right to notify the Advertiser in writing of such default.
If the Publisher and Advertiser/Agency agree to any change in this order, a new or revised agreement will be drawn and placed.
Advertiser/Agency assumes responsibility for all content of advertisements printed, and also assumes responsibility for claims arising therefrom made against the Publisher.
Publisher reserves the right to suspend insertion of all advertisements that are delinquent accounts. Publisher reserves the right to refuse any Advertiser or advertisement. This contract is further subject to conditions set forth in the Rate Card in effect at the time this contract is executed.
This contract/agreement is not binding until it has been approved by all appropriate APA parties.