Advertising

Advertising Contract – Terms and Conditions: The parties hereto agree as follows when placing an advertisement with the Santa Ynez Valley Star.

The Santa Ynez Valley Star, LLC (“Owner”) publishes the Santa Ynez Valley Star on an bi-monthly basis on the first and third Tuesday of the month.

1. Payment – for Advertising are based on the size and color of the advertisement, according to Owner’s then current rate sheet. All advertising shall be pre-paid for the first month or the first quarter unless credit is extended to Advertiser; payment is then due by the 20th of the month prior in full upon receipt of invoice. Owner reserves the right to cancel this agreement at any time. If the invoice is not paid by the 1st of the month the ad is placed a 1.5% fee will incur. If the invoice is not paid by the 10th of the month the ad is placed a 5% fee will incur. If the in- voice is still not paid Owner reserves the right to hold the ad from placement for the following issues until said invoice is paid. No extensions on the contract will be made if the Advertiser misses a month. Advertiser shall pay the Owner for all expenses incurred in the collection of amounts payable under this agreement, including collection costs, court costs, attorney fees and interest.

2. Fulfillment – Advertiser shall submit to Owner all advertising and editorial materials not later than seven (7) days prior to publication. Alterations requiring additional work will be charged at current rates with the advance permission of the Advertiser. When no other copy is provided by Advertiser by the closing date, if this agreement provides for periodic advertising. Owner may insert the previous advertisement run in the Publication. Insertion orders are binding after the closing dates. Cancellations must be received no later than ten (10) days before the publication date. Advertisers cancelling after this date will be billed for the space ordered. Cancellations will not be accepted after closing dates without written agreement from Owner. ADS will run consecutive if more than one placement, unless previously negotiated and must be fulfilled within the calendar year.

3. Termination – All advertisements are subject to approval by Owner, which reserves the right to alter, or reject any advertising. Owner shall have the right to omit any advertisement when the space allotted to advertising has been filled.

4. Production Errors. The Advertiser may not claim a breach, terminate or cancel this Agree- ment if there are typographical errors, incorrect insertions or omissions in advertising published or distributed or a failure to publish, insert or distribute any advertising or promotions. In such event, Advertiser shall have the option of having a similar sized and style advertisement printed in a future issue, or of having no charge for such advertisement not inserted (or when printed in error). Owner reserves the right to require any advertising to be labeled “advertisement”. The subject matter, form, size, wording, illustration, and typography of the advertising provided is subject to the approval of Owner.

5. Indemnification. The Advertiser and/or the advertising agency signatory to this Agreement agrees to hold the Publisher harmless and indemnify the Publisher from all claims, suits, dam- ages costs and expenses of any nature whatsoever, including attorney’s fees and court costs, for which the Publisher may become liable by reason of its distribution or publication of Advertiser’s promotions or advertising, including but not limited to claims or suits alleging libel, privacy invasion, unfair competition, defamation, misuse of publicity rights, copyright infringement, dilution or trademark infringement under federal or state law, or otherwise based on the content of Advertiser’s promotions or advertising, including illustrations, text, claims, etc.

6. Ownership. All advertising copy which represents the creative effort of the Publisher and/or utilization of creativity, illustrations, labor, composition or material furnished by it, is and re- mains the property of the Publisher, including all rights of copyright therein. Advertiser under- stands and agrees that it cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy for use in any other newspaper or other advertising medium not owned by the Publisher, without the express written consent of the Publisher. This agreement, together with the Santa Ynez Valley Star rate sheet and all invoices issued by Owner, contains the entire agreement of the Parties. No representative of either party shall alter any of the terms hereof, unless done in writing and signed by a duly authorized representative of the party. Owner reserves the right to refuse publication of articles or advertisements for any reason.

7. Taxes – All transactions arising hereunder shall be governed by the laws of the State of California without reference to the choice of law rules thereof. All actions or proceedings arising in connection with this agreement shall be adjudicated in the County of Santa Barbara, State of California

8. Miscellaneous – This agreement may not be assigned or transferred by Advertiser without the advanced written consent of Owner. Notwithstanding the foregoing, this agreement is binding on the parties’ representatives, successors and assigns. The parties represent that they have the authority to enter into and perform this agreement and that the person signing on behalf of each has been authorized to enter this agreement, has read and understands its provisions.

9. Should the advertiser decide to discontinue advertising before the term of the contract is up, the rate will revert , and be billed retroactively, to whatever length of time the advertiser advertised ( i.e. if I have committed to 13x and pulled my advertising after 3 issues, my rate will revert to the one-time rate for the three previous ads. The advertiser agrees to those terms, and agrees to pay the difference, when billed accordingly.)