Advertising T&C

Advertising with Alexandria Living LLC's print or digital products means you agree to the following terms and conditions: 

THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on the date the contract signature page is signed by and between Alexandria Living, LLC for Alexandria Living Magazine (herein after referred to as the "Publication Owner") and the advertiser (hereinafter referred to as the "Client").

In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows:

1. TERM

This Agreement shall commence on the date signed (hereinafter referred to as “Start Date”) and shall expire on the date noted on the contract signature page. Client shall receive this contract signature page (hereinafter referred to as the "signature page") electronically that shall contain all pertinent details on the advertisements or promotions, contract dates, deadlines, payment terms and other details electronically. 

2. COMPENSATION

The Client shall pay the Publication Owner the amount noted on the contract signature page as consideration for the publication of the advertisement as agreed to on the contract signature page.

For contracts signed after March 1, 2020: At least 50% of the total contract price is due in full prior to when the first ad(s) run, unless other payment terms are agreed to prior to contract signing. If granted, requests to pay on a monthly basis on on other alternative terms will require a credit card on file with Alexandria Living, LLC.

For print advertising, we require a notice of ad cancellation no less than 48 hours prior to the deadline for the advertising creative or a fee will apply.

Payments made later than 30 days after the invoice date are subject to a $50 late fee PLUS interest accrued at the rate of 2% per month, or up to the maximum amount allowed by law, whichever is greater. In the event if payment is not received, the Publication Owner reserves the right to suspend the contract and send the contract to a collections agency for payment.

3. ADVERTISEMENT DISPLAY AND SERVICES

Publication Owner agrees to publish the Advertisement(s) upon finalization of the ad. Publication Owner reserves the right to alter the advertising schedule as necessary.

If Client desires to stop advertising, the request must be submitted in writing. No refund will be made for such early withdrawal of advertising.

4. CONTENT

All advertisements must be submitted digitally to the Publication Owner via Dropbox or Google Drive. Publication Owner will not be held responsible for the quality of any portion of the advertisement that does not meet the established mechanical criteria.

Client shall assume full responsibility and liability for the content of its advertisement. Publication Owner is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in Client’s content. If Client desires to modify its content, it shall provide a written request to Publication Owner specifying in detail the modification desired. Publication Owner shall effectuate the modifications to the content (so long as such modifications comply with the terms of this agreement) within five (5) business days.

5. CONTENT RESTRICTIONS AND RIGHT TO REJECT AND CANCEL

Advertisements shall not contain or contain links to, content promoting the use of alcohol, tobacco or illegal substances; nudity, sex, pornography, or adult-oriented content; explicative or inappropriate language; content promoting illegal activity, racism, hate, "spam", mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law; content that is libelous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by Publication Owner in its sole discretion. Use of any such inappropriate content by the Client will result in the suspension, termination and removal of the advertisement or any other action deemed necessary in Publication Owner's sole discretion.

Publication Owner reserves the right to review and approve the suitability of the advertisements submitted. Publication Owner may reject or cancel any Advertisement.

6. INTELLECTUAL PROPERTY RIGHTS

A. Client grants Publication Owner a nonexclusive license to set up and display the Client’s Advertisement (including any trademarks and service marks shown) during the term of this Agreement.

B. Nothing in this Agreement grants Client any right to use the name, trademark, or service mark of Publication Owner in any advertisement, sales promotion, or press release without Publication Owner’s prior approval.

7. LIMITATION OF LIABILITY

The Publication Owner and Client hereby agree that Publication Owner exercises no control and has no responsibility whatsoever over the content or quality of any advertising material; use of Publication Owner's service is at Client's own risk. Except as expressly provided herein, the services are provided "as is" and "as available" and Publication Owner disclaims all warranties of any kind, whether express or implied, for the advertisement services, including but not limited to the implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Publication Owner shall not be liable for any contents of the Advertisement. Publication Owner makes no warranty or guarantee of any kind for sale of Client’s products or services advertised on the Publication Owner’s Publication.

Without limiting the foregoing, Publication Owner's entire liability under, for breach of, arising under, or related to this Agreement or the services to be provided hereunder (whether in tort, Agreement or any other theory), and Clients sole remedy is for Publication Owner if possible, to provide the services agreed hereunder or refund any amounts prepaid by Client related to the services giving rise to such liability. In no event shall Publication Owner be liable for direct, exemplary, special, incidental consequential damages, or costs, including but not limited to, any lost profits or revenues, loss of use or good will, or any third party claims.

8. CLIENT'S WARRANTIES

The Client hereby warrants that:

A. The advertisement is truthful and will not violate any foreign, federal, state, or local law or regulation;

B. The advertisement will not infringe or misappropriate any copyright, trademark, patent, trade secrets, publicity, or privacy rights of any person or third-party in any jurisdiction;

C. The advertisement does not contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, or defamatory.

9. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Publication Owner, its officers, directors, sub-licensees, employees, members and agents, from and against all losses, costs, damages and expenses, including reasonable legal and accounting fees, arising from any claims, actions, or demands, for infringement of the rights of third parties based upon publication of the Client’s advertisement, including but not limited to claims or lawsuits arising from defamation, copyright or trademark infringement, misappropriation, rights of privacy or publicity or from any and all similar claims. Publication Owner shall provide notice to Client promptly of any such claim, suit, or proceedings and shall assist Client, at Client’s expense, in defending any such claim, suit, or proceeding.

10. TERMINATION

Publication Owner may terminate this Agreement immediately at any time and for any reason, with or without cause. Client may terminate this Agreement prior to the end of the duration of Advertisement, by delivering fifteen (15) days’ written notice to Publication Owner.

11. GOVERNING LAW & JURISDICTION

All issues relating to this Advertising will be governed by the laws of the Commonwealth of Virginia. Any action relating to the Advertising must be brought in the Commonwealth of Virginia, and the parties hereby consent to the jurisdiction of such courts. The prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceedings, in addition to any other relief to which it may be entitled.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes any prior agreement, terms and conditions, understanding, representations, discussions, negotiations, and agreements, whether written or oral.

13. MODIFICATIONS AND WAIVERS

The Agreement may not be modified except by written instrument signed by both parties. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

14. ASSIGNMENT

Client may not assign its rights or obligations arising under this Agreement without Publication Owner’s prior written consent. Publication Owner may assign its right and obligations under this Agreement.

15. SEVERABILITY

If any provision of this Agreement is held by any court to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

16. NOTICES

All notices, requests, and other communications required to be given under this Agreement must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by hand to the party to whom such notice is required or permitted to be given. Any such notice will be considered to have been given when received, or if mailed, five business days after it was mailed, as evidenced by the postmark. The mailing address for notice to either party will be the address shown on the signature page of this Agreement. Either party may change its mailing address by notice as provided by this Section.

IN WITNESS WHEREOF, the parties will execute this agreement on the date the second party signs the signature page. Such signatures will serve as agreement to these terms and conditions for any and all advertising contracts with Alexandria Living, LLC. 

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