HomeMy Public PortalAbout2002 Agreement.tifThe Miami Herald Publishing Company
referred to as 'ti1HPC")
A Division of Knight-Ridder, Inc.
One Herald Plaza, Miami, Florida 33132-1693
RETAIL N. -JAL ADVERTISING AGREEMENT
Advertiser: Cff tC.0 Cf VI 110 e. (-1C.✓k-- LC;I'1C itIV_ r-1 Curt
Company. 'ill 1 !(1 C GficrA, iscc[volc .A.ddress 5 V ( S'l" Mc.Z i-\1 Yc, S1-
City/State/Zip: .y f31 l ►'1c FL
Tet iu of fs,greement. 1'i Run Date: 1'` day of Se Dt ,00 2 until Contract End Date: 150103
RETAIL ADVERTISE G EN TEE ML M1 HERALD \.ND THE BROWARD EDITIONS OF TEE NIIAMI HERALD
BULK LINEAGE (AUTOMA77C ANNUAL RENEWALS)
✓ Retail Bulk advertising in the MIAMI HERALD
Retail Bulk Advertising m EL NUEVO HERALD
Retail Bulk Advertising in 3ROWARD LOCAL MEWS
FRE QL N CY (VCT SELF -RENEWING)
HEFAI D TV BOOK
NEIGHBORS
HUMEI°WN HERALD
PREPRINT ADVERTISING
JEWISH STAR TLviES
S ;BEET/MLANII
DOMINGO SOCIALNIERNES
INTERNATIONAL EDITION
WEEK ND/V1 NES
OThER
Pubusn adverismg
Publish advertising
Publish advertising
Publish advertising
Puohsh sa-verusmg
Publisn .idverismg
Pubhsn auve:nsing
Punish advertising
Puot sn advertising
Pubhsn lavernsmg
wun a minimum of
with a muumum of
,.with a minimum of
Mmes within a maximum of
times within a maximum of
tunes Nit in a maximum of
times within a maximum of
times within a maximum of
time within a maximum of
times within a maximum or
tames within a maximum o f
times within a maximum of
times vithm a maximum of
,nches
nches
inches
annually
annually
annually
weeks.
weeks.
weeks.
weeks
Necks.
weeks.
weeks.
weeks.
weeks
weeks.
•
Payment Terms. Ail invoices (including applicable sales taxes) ,.ire due on the 20th of the month following insertion(s)and if not paid by
the 30th day of the month following the date of insertionLs) will be late (except for accounts desimated by NIT2C as weekly which are
aue within 7 days of the invoice date) Late amounts uilh bear interest at the maximum rate allowed by law. Advertiser shall pay all
applicable taxes. If any invoice is not timely paid, then NfieTC reserves the nght to suspend its performance at any time and/or cancel this
Agreement without notice. In the event of such a cancellation, all charges for advertising since the 1st Run Date will be re -invoiced to
reflect the Corrected Rate, as described herein. Ad disputes {it any kind must be reported in wrung to NII-IPC no later than 30 days a-om
the date the invoice containing such disputed item or such hem ,will be deemed correct and conclusively accepted by-\dveruser_
Advertiser waives any claim after said 30 -day penod. Submission of a wntten dispute notice by Advertiser shall not relieve advertiser of
its obligation to timely pay all undisputed amounts. Credits, refunds or payments must be used or claimed within 2 years from the date of
such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid. Unless agreed in vnnng, multiple
discounts shad not apply for the same adver sing purchase. N. E C is not obligated to extend credit to Advertiser unless in wasting. If
Advertiser breaches this Ageement, Advertiser agrees to pay ail of MEPC's collection agency fees and expenses, investigation, court and
litigation expenses along with attorney fees equal to the greater of: (i) 25% of the amount owed, or (ii) the amount awarded by the court.
Sunday circulation and advertising rates will apply to the following holidays: New Year's Day, Independence Day, Labor Day,
T'nanksgiving Day and Christmas Day
Obligations of Advertiser. Advertiser agrees to indemnify v C fcr any and all costs, claims, damages, and/or liability claimed against
or incurred by MEPC as a result of NIEPC's publication of any ad copy submitted by Advertiser (or subrmtted on behalf of Advernser) to
MI -PC. Advertiser represents, warrants and guarantees that any ad copy so submitted to MEPC is accurate, truthful and in compliance
Nith all copyright laws and all other applicable laws and regulations.
Waiver of Jury Trial. In any action to enforce or interpret this agreement, Advertiser and NBC Naive a teal by jury.
Additional Terms and Conditions. This agreement is subject to• (i) the .Advertising Terms and Conditions attached hereto; the
applicable NIHPC rate card; and, (iii) MKPC's publication deadlines, policies and procedures, all as amended by MIHPC from time to
time. Rates cards, deadlines, policies and procedures may be amended by M.P2C upon 30 days' '.written notice to Advertiser.
Agreed and .�ter3 in Miarrv. 1;7onda, —e-'.rve as of the 1'` Run Date set c:-th above.
Adv rti� j l 1 THE III RALD PUBLISHING CompAn
(NI
itle
.A_dvernsi g Manager
.Yt C Internal Use Only:
-,.cccunr C.0 ZCI IIC C
Sales Re:,-.; Name_ EV CO .-000.5
;e v ACCCUni
JCf u, 'jc 1✓• av I, war.. F IL -r y
2 0 0 2 The Miami Her a I d/ E I Nuevo H e ra l d
Retail Advertising Rates
Annual Volume Contract Rates - The Miami Herald/E1 Nuevo Herald*
Contrc► Sete
In Col, In.
Harald/El Nuevo Harald/lnl'I
Daily Sunday
Herald & EI Nuevo Herald
Daily Sunday
Herold Herald
Daily Sunday Samosa Monday
Open rate 224.35 $284 65 $208 80 $268.90 S177 90
40' 17715 224 80 161,40 209.80 130 70
75' 175 55 222 20 159 80 207.20 12910
375' 173 95 220.00 158 20 205 00 127 50
750' 172 40 217 80 156 65 202 80 125,95
1 875' 171 00 215 50 155.25 200.50 124 55
3,750'' 169 50 213 20 153,75 198,20 123 05
5,625' 167 75 210 85 152.00 195 85 121 30
7,500' 166 00 208 25 150 25 193 25 119 55
12,500" 164 10 205 60 148 35 190 60 117.65
18,750' 162 10 201 90 146 35 186 90 115.65
35,000" 16015 199 85 144 40 184,85 113,70
50,000' 158 25 197 10 142 50 182,10 111.80
65,000` 156 20 194 40 140.45 179,40 109 75
Nit page $3,378 $3,696
'Rates are per column Inch "The International Edition's pickup rate Is $75 75 dally & Sunday per column ern when repeating an ad that is scheduled M Wear In any of
The Miarm Herald/El Nuevo Herald products or sections wrtn/n seven days
El Nuevo Herald
Dolly Sunday
Holiday Bates and Circulation
We provide Sunday circulation of The Miami Herald to all subscribers
on five hofidays' New Year's Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day These holidays are charged at the
Sunday contract rate and include Sunday pricing of color and any other
applicable premiums Please note' Business Monday ads running on a
Monday holiday (such as Labor Day) are charged based on a combined
total of the Sunday rate and the Sunday page premium
Page 2A and 3A
A fixed 2 col. x 7' space on page 2 and page 3 of Section A otters
advertisers guaranteed placement in one of the paper's most widely
read sections
Positions are available Wednesday, Thursday, Friday, Saturday and
Sunday, Rates are equal to your achieved contract level rate plus a pre-
mium charge depending on the frequency of your contract,
Page 2A and 3A Premiums
The Herald Daily Premium Sunday Premium
frequency Per Column Inch Par Column Inch
52x $ 9.35 $11 25
39x 14 05 16.85
26x 1875 22.45
13x 30.85 3710
Premium Rates
"Section A"
Other Pages
& Sections
Daily Herald $9 75 $7 40
Sunday Herald 11 85 8 95
'Position premiums apply when position is requested for Theater, Amusement, Stock
exchange, section back pages, Dally Comics, Daily TV, Action line, Rate Track, Op Ed or
other pages Back page of Section A takes the "A" section premium rate. These positron pre.
miurns are in add/tion to the display rates and are subject to space availability, and require
advance reservation,
$236.50
177 40
174 80
172 60
170 40
168 10
165 80
163 45
160 85
158.20
154.50
152,45
149 70
147.00
$18530
13810
136.50
134 90
133 35
131 95
130 45
128 70
126 95
125,05
123,05
121 10
119.20
11715
El Nuevo Nereid
$51 80
48 90
48 15
46 65
43 30
40 45
38 75
36 95
35.90
34 55
33 45
$57.35
54 30
53 55
$180
4805
4500
4300
41 00
39.70
38.40
37.10
International"
Dally ti Sunday
$22 30
21 85
21.20
20,50
19.15
17 85
El Nuevo Herald is a Spanish -language newspaper published seven
days a week by The Miami Herald Publishing Company. It is one of the
largest Spanish -language daily newspapers in the continental United
States
El Nuevo Herald is standard size, with six -column display advertising
and ten -Column clasSified advertising
Full -run Miami Herald contract advertisers automatically quality for
the same volume level on their El Nuevo Herald contracts without sign-
ing a new contract.
Free translation is available up to 24 hours prior to regular deadline
Translated ads must be the same size or larger and contain the same
copy points and can be based on a 6 column x 21 inch page size.
Recognized agencies qualify for a 15% commission on El Nuevo
Herald advertising
El Nuevo Herald's pick up rate is $30.70 per column inch Daily,
$32 40 per column inch Sunday (except for Domingo Social 4 $29.40
and Viernes ® $38.95), when repeating an ad that is scheduled to
appear in any other Miami Herald product or section within 7 days
Translated ads must be the same size or larger and contain the same
copy points and can be based on a 6 column x 21 inch page size.
If you already have a Full Run contract, you are eligible for the
El Nuevo Herald contract rate without signing a new contract
Page 3A - El Nuevo Herald
A fixed 2 col. x 7' space on page 3 of Section A Is available for a
premium of $3 55 per column inch daily and $4.26 per column inch
Sunday, regardless of frequency. Available Wednesday, Thursday,
Friday, Saturday and Sunday
Ri
** TOTAL PAGE.02 **
ADVERTISING TERMS AND CONDITIONS
Minimum Amount. Advertiser must consume and pay for the minimum space indicated herein within one year from the 1S` Run Date (the
"Minimum Amount"). Part -run lineage will be credited to full -run contract achievement at a ratio of 4 part -run = 1 full run column inch
(with the exception of El Nuevo Herald, which is credited on a 1-1 level) If Advertiser fails to satisfy the Minimum Commitment,
Advertiser shall not be enutled to the rates or discounts set forth herein and will be retroactively billed for all advertising during the Term at
the applicable then current standard published rate card rate (the "Corrected -Rate", previously referred to as "SHORTRATE"). Adveniser
will pay MHPC any such Corrected -Rate balance immediately Advertiser agrees to pay this Corrected -Rate in addition to all amounts paid
or payable by. Advertiser under this Agreement. Payment of any Corrected -Rate does not count toward the Minimum Commitment.
Ownership of Ads. NIHPC retains all nghts of ownership in and to all advertisements designed or created by MHPC. Advertiser erants
MHPC a non-exclusive license to publish all camera-ready advertisements provided by Advertiser (or provided on Advertiser's behalf) to
MIiPC. MHPC is not obliged to return ads or ad materials to Advertiser and MHPC is not responsible for any damage or loss to any ads,
copy, drawings, art or any other materials provided by Advertiser
Copyrights. Advertiser hereby grants a non-exclusive license to MHPC for all copynghts and other ownership nghts in any advertisement
of Advertiser which is subrmtted for insertion in any publication of MHPC, including the nght to publish, reproduce, display, adapt,
transmit, or produce derivative works in any medium, including any digital electronic medium. Advertiser authonzes MHPC to bnng suit in
MHPC's discretion and at MHPC's expense for any unauthonzed use, reproduction, display, distribution, or performance of the
advertisement as it appears in the Newspapers or for its unauthorized alteration.
MHPC's Rights. MHPC reserves the nght to revise, alter or reject any advertisement for anv reason whatsoever, or to omit ads without
notice, but no change in advertising copy will be made without Advertiser's prior consent. MHPC may cancel any ad at its sole discretion,
even if previously accepted for publication. Advertising copy not timely submitted by Advertiser will be excluded. Special position for
advertising is not guaranteed but may be available for a premium and if agreed in writing. Advertising ordered "by necessary" (vary the size
to fit) cannot be accepted.
Publication Errors and Omissions. MHPC is not liable for any omission of all or any portion of any ad, nor is MHPC responsible for
orders, cancellations or corrections given by telephone, facsimile or telegraph. MHPC is also not liable for any error in a published ad
unless an advertising proof is requested in writing, Advertiser clearly marks any error in the advertising proof for corrections, and MHPC is
notified of the error in sufficient time before publication, in which case Advertiser's sole remedy is an appropnate credit to the extent of the
error up to the cost of the first insertion of the error (if there is more than one incorrect insertion, credit shall be allowed only for the first
incorrect insertion).
Unavoidable Nonperformance. MHPC is not liable for failure to publish ads or distribute its publications because of flood, fire, nots,
strikes, terrorists, storms, shortages of material, orders of government, failure of transportation, acts of God or other causes beyond MHPC's
control. In such an event, this Agreement will be extended for a period equal to the time during which such performance was not possible.
Agreement Renewal. Frequency contracts are not self -renewing and terminate at Contract End Date without notice. Bulk Lineage
agreements are automatically renewed for successive 12 month periods at the Earned Level unless (i) Advertiser failed to meet the
lineage/frequency requirements in any 12 month penod or, (ii) either party gives wntten notice of cancellation at least 30 days pnor to the
anniversary date of the Agreement. "Earned Level" means the lineage or inch level reached by Advertiser at the conclusion of the then
expiring term of the Agreement.
Miscellaneous. Flonda law shall govern the enforcement and interpretation of thu ‘ greement, without regard to any conflict of law
principles. The parties agree to submit to the exclusive jurisdiction of a court of compete,. ' sdiction located in Miami -Dade County,
Florida. This Agreement may be executed in one or more counterparts, each of which shall c.nstitute an original and all of which shall
constitute one and the same document. A legible facsimile copy of this Agreement when fully executed shall be considered an onginal copy
of this Agreement. Advertiser represents and warrants to MHPC that: (i) no additional consents, approvals or corporate actions are
necessary for Advertiser t., enter into this Agreement; (ii) execution of this Agreement by Advertiser will not cause a breach or default in
any other agreement to which Advertiser is a party; and, (in) Advertiser is not insolvent. In_the event of a filing by or against Advertiser of a
petition under the Bankruptcy Code, in its sole discretion, MHPC may (i) discontinue Advertiser's advertisings; (ii) demand advance
payment; or, (iii) terminate all agreements with Advertiser. This Agreement and any exhibits attached hereto contains the entire
understanding between the parties and supersedes any pnor written or oral understandings, as well agreements, between them regarding the
subject matter. This Agreement shall not be modified except in writing signed by the parties. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective permitted successor and assigns. The Agreement may not be assigned (by
operation of law or otherwise) by Advertiser. In the event that any provision contained in this Agreement or the application thereto to any
circumstance is for any reason held to be invalid or unenforceable, such provision shall be ineffective to the minimum extent of such
invalidity or unenforceability and the remainder of this Agreement will remain valid and enforceable according to its terms.
LIMITATION OF LIABILITY. IN THE EVENT OF ANY ALLEGED BREACH BY MHPC OF THE AGREEMENT OR ANY
OTHER CLAIMS BY ADVERTISER OR ANY OTHER PARTY, MHPC SHALL IN NO EVENT BE LIABLE FOR SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER NO CIRCUMSTANCES SHALL ME PC BE LIABLE FOR DAMAGES IN EXCESS OF TIT
LESSER OF AN AMOUNT WHICH (I) EXCEEDS OF THE COST OF THE ADVERTISEMENT; OR, (II) THE AMOUNT ACTUALLY
PAID BY ADVERTISER TO MHPC. ivIETC's PAYMENT OF SUCH AMOUNT SHALL BE ADVERTISER'S EXCLUSIVE REMEDY
AND AGREED UPON LIQUIDATED DAMAGES. MHPC HEREBY DISCLAIMS ANY WARRANTIES NOT SPECIFICALLY SET
FORTH IN THIS AGREEMENT AND ADVERTISER WAIVES .-VLL OTHER REPRESENTATIONS AND WARRANTIES. EXPRESS.
IMPLIED, STATUTORY OR ARISING BY COURSE CF DEALING OR PERFORMANCE, CUSTOM. USAGE IN THE TRADE OR
OTHERWISE