ADVERTISING INSERTION ORDER & SALES AGREEMENT STANDARD TERMS AND CONDITIONS
Deposit and Payment Options
A deposit is required for new advertising contracts. No deposit is required for contract renewals.
The deposit amount is 50% of the cost of the first print issue and is due upon signing the Agreement.
Per Issue: The total cost for each issue is due by the publication date (when the issue hits the stands).
Monthly Payments: Advertisers may opt for monthly payments via credit card by signing a credit card authorization agreement.
Terms and Conditions
1. Definitions
Earned Rate: The advertising rate based on the number of ads published, as specified in the Rate Sheet.
Issue Close Date: The deadline for submitting advertisement copy, as indicated on the Rate Sheet or Agreement.
Rate Sheet: The document detailing advertising rates and publication schedules, provided to the Advertiser at the time of signing and incorporated into this Agreement by reference.
2. Use of Advertisements
All advertisements, designs, logos, photographs, or other materials created by McLeod Creative and/or The One are exclusively for use in The One products and publications.
Any additional use in other publications or media requires written negotiation and agreement with The One and may incur additional fees.
3. Advertising Policy
Advertisements ordered at a specified frequency rate that do not fulfill the agreed frequency will be re-billed at the Earned Rate based on the number of ads published, as indicated on the Rate Sheet.
Mixed ad sizes within a campaign are permitted.
No cash rebates will be issued.
Oral conditions or copy instructions conflicting with The One’s policies, as outlined in this Agreement, are not binding.
4. Copy Responsibility
The Advertiser is responsible for submitting advertisement copy by the Issue Close Date specified on the Agreement or Rate Sheet.
No cancellations or changes are accepted after the Issue Close Date.
If new copy is not provided by the Issue Close Date, The One may:
Re-run the advertisement from the previous insertion, or, if no prior insertion exists, allocate the contracted space at its discretion, with the Advertiser liable for the cost of the unused space.
5. Copy Appearance
The One reserves the right to reject any advertisement deemed objectionable in wording, substance, or appearance.
Advertisements resembling editorial content may be labeled “Advertisement” at The One’s discretion.
6. Advertiser’s Responsibility
By submitting an advertisement, the Advertiser and/or agency represents that they are authorized to publish its contents and subject matter.
The Advertiser and/or agency agree to indemnify and hold McLeod Creative, The One, and subsidiaries, harmless from any claims, losses, or expenses arising from the advertisement’s content, including but not limited to claims for defamation, libel, privacy violations, plagiarism, or copyright infringement, whether in print or electronic format.
7. Advertisement Design and Production
All advertising materials and photographs designed or produced by McLeod Creative or The One Bride Guide are exclusively for use in The One Bride Guide publications.
Any further use of these materials in other publications or media requires written negotiation with The One and may be subject to additional fees.
8. Billing
Invoices are net and payable upon receipt unless otherwise specified.
Invoices are presumed accurate unless The One is notified in writing within 10 days of the billing date.
Payments must be made directly to The One digitally, in person, or mailed to 418 Peoples Street, Suite 302, Corpus Christi, TX 78401, payable to McLeod Creative or The One Bride Guide.
The Advertiser is responsible for any applicable taxes, including sales tax, which are not included in the fees quoted in this Agreement.
9. Late Fees
Accounts delinquent for 30 days or more will incur interest at a rate of 18% per annum (1.5% per month).
Accounts delinquent for 90 days or more are subject to cancellation and will be re-billed at the appropriate Earned Rate plus interest. Discounts for current or future issues will not be applied to accounts delinquent for 90 days or more.
10. Default
The Advertiser and/or agency are jointly and severally liable for all fees, including reasonable attorney’s fees and court costs, incurred by McLeod Creative and The One in collecting delinquent accounts.
Venue for any legal action related to this Agreement, including non-payment disputes, shall be Corpus Christi, Nueces County, Texas.
11. Agency Discount and Terms
Advertisers, their agents/agencies, or buying services and their clients are jointly and severally liable for all amounts due to McLeod Creative and The One.
Payment is due upon receipt of the invoice.
12. Cancellations and Earned Rate
Cancellation requests must be submitted in writing at least one month before the Issue Close Date, as specified on the Agreement or Rate Sheet.
If the Agreement is canceled or breached, the Advertiser will be charged for the space at the applicable Earned Rate (e.g., if a contract for three insertions at a discounted rate is canceled after two insertions, the Advertiser will be re-billed for the two insertions at the Earned Rate for two insertions).
13. Position Requests
The One will make reasonable efforts to honor position requests but does not guarantee specific placements.
No credits or make-goods will be issued for ads not placed in the requested position.
14. Errors
The Advertiser must notify The One in writing of any advertisement errors within seven days of publication.
The One’s liability for errors is limited to forfeiting revenue for the ad space and correcting the error in a subsequent issue. Liability will not exceed the number of issues closed prior to proper notification.
15. Circulation and Distribution
The One reserves the right to adjust circulation per issue or per year without affecting the agreed-upon rates or terms of this Agreement.
16. Data Privacy
The One will handle all personal information provided by the Advertiser in accordance with applicable data protection laws, including the Texas Data Privacy and Security Act.
Any confidential information shared will be used solely for the purposes of this Agreement and will not be disclosed to third parties without consent, except as required by law.
17. Force Majeure
The One shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, or governmental actions.
18. Termination
Either party may terminate this Agreement upon written notice if the other party materially breaches its obligations and fails to cure such breach within 30 days of receiving written notice.
In the event The One Bride Guide ceases publication, this Agreement shall terminate, and The One shall refund any prepaid amounts for unfulfilled advertisements.
19. Limitation of Liability
The One’s liability for any claims arising under this Agreement shall not exceed the cost of the advertisement space purchased.
The One shall not be liable for indirect, incidental, or consequential damages, including lost profits or business opportunities.
20. Dispute Resolution
Any disputes arising under this Agreement shall be resolved through mediation in Corpus Christi, Texas, before proceeding to litigation. The parties agree to share mediation costs equally. If unsuccessful, parties agree to take any dispute to arbitration within the State of Texas using AAA arbitration rules.
21. Electronic Signatures
This Agreement may be executed electronically, and electronic signatures shall have the same legal effect as original signatures.
22. Miscellaneous
The One will not release advertisements to other publications without a written release from the Advertiser or agency.
Originals or electronic files will not be released unless the Advertiser’s account is current.
The One is not responsible for unclaimed customer-owned advertising materials 60 days after publication.
The Rate Sheet is incorporated into this Agreement by reference and governs the applicable rates and publication schedules.
23. Entire Agreement
This Agreement, together with the Rate Sheet, constitutes the complete and exclusive understanding between the parties, superseding all prior written or oral agreements related to its subject matter.
Amendments to this Agreement are effective only if made in writing and signed by all parties.
If any provision of this Agreement is deemed unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remainder of the Agreement will remain in full force and effect.
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
This Agreement is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.
Any changes or addendums to this agreement must be in writing and signed by both parties.