Terms and Conditions
PARTIES This Agreement is made between the Purchaser and Chrysler Group, LLC. DBA Money Mailer of Central St. Louis & 123 Action Media.
SERVICES: Purchaser authorizes Chrysler Group to print and distribute Purchasers’ advertising pieces along with other Purchasers through the U.S. Mail. All mail dates are approximate. For Money Mailer envelope mailings we reserve the right to place in our cooperative, direct mail envelopes advertisements for other businesses that may be competitive with your business. You authorize us to, and we will but are not obligated to, place your advertising pieces on Chrysler Group websites and Chrysler Group affiliated websites automatically, as long as such services remain free to us. Materials published on your behalf on the Internet may be printed by customers or may be reproduced on mobile commuication devices, such as cell phones. You agree to honor the ofers contained in all such printed or elceronically reporduced forms.
APPROVAL OF COPY: All advertising copy shall be approved by the Purchaser through the execution of a copy release, or orally if circumstances do not permit a written, Text or e-mail release prior to insertion and delivery. Copy shall be provided to Purchaser in PROOF form for correction and/or approval. PROOF CORRECTIONS and/or approved copy shall be returned by the Purchaser to Chrysler Group within three (3) days of receipt. If Chrysler Group does not receive notice of corrections within such three (3) day period, Chrysler Group assumes that the PROOF is correct and ad will be published as the ad appeared on the most current PROOF. Publication after the opportunity for copy corrections is at the Purchaser’s risk as long as copy is printed as approved or corrected by Purchaser. Purchaser will be charged for copy, layout, or art changes to PROOF except those changes resulting from errors of Chrysler Group.
PURCHASER AGREES: To honor to each recipient of the literature the offer as specified on PROOF or supplied materials.
NO HASSLE CANCELLATION POLICY: For multiple mailing programs such as Money Mailer envelope mailings, this agreement automatically renews every month and may only be cancelled by Purchaser by giving thirty (30) days’ advance written notice. If notice of cancellation is received less than thirty (30) days before mail date, a cancellation penalty of fifty (50%) percent of the price will be applied. The Purchaser agrees to pay the rate differential for actual mailings produced, based on the then current Chrysler Group rate card.
- Payment. You will pay for our Services as set forth on the front side of this Agreement.
- Default. If you: (1) do not pay us in accordance with the terms of this agreement; (2) do not fulfill all your obligations under this Agreement; (3) or if you become insolvent or a petition in bankruptcy is filed by or against you, or a receiver is appointed for you then you will be in Default of this Agreement. We will then not be required to perform any of the Services for which you contracted, and you will be responsible for all additional costs which we incur because of your Default. Additional costs may include, among other charges: press time, paper stock, and additional postage, collection fees, attorney’s fees and related costs. Purchaser understands and agrees to pay a $35.00 Service Charge on all returned checks.
- C. All accounts 30 days past due will be subject to a finance charge of 1.5% per month and a late fee of twenty-five dollars ($25.00). In the event it becomes necessary for Chrysler Group (at it’s option) to take additional action for purposes of debt collection, the Purchaser agrees to compensate Chrysler Group for all costs of collection, including but not limited to court costs, attorney’s fees or collection agency fees, regardless of whether or not a collection suit is commenced.
- Limited License. Purchaser represents that he/she possesses the right to publish, and hereby grants to Chrysler Group any of it’s publishing agents the irrevocable right and permission to reproduce [for Purchaser] (throughout the United States), all trademarks, tradenames, copyrighted material and other images provided by the Purchaser to Chrysler Group. The Purchaser assumes full responsibility that Purchaser’s advertisement, business operations, services and products comply with all applicable laws. The Purchaser acknowledges that he/she has no right or ownership in any photograph, graphic or other image provided or arranged by Chrysler Group for the Purchaser, including any photo or image containing the Purchaser’s picture.
- Indemnity. You warrant that all advertising copy and artwork, which you supply or approve, complies with federal, state, and local laws, ordinances and regulations. You will defend, indemnify and hold us, and our officers, directors, employees, agents and franchisors and its affiliated companies harmless from all costs, losses, claims, obligations, expenses and liability of any kind (including attorneys’ fees) which we may incur in connection with the contents of your copy and artwork, including claims or actions by government agencies or third parties for patent, trademark, or copyright infringement unauthorized photographs; any other cause arising out of your advertising, product or service claims.
- Chrysler Group Approval. We may, without liability, refuse to mail your advertising if we believe it is unlawful, misleading, or potentially offensive to Chrysler Group’s other Purchasers or mail recipients.
LIMITATION OF LIABILITY
Our responsibility to you if we do not perform all of our obligations under this Agreement is limited to the following:
- Maximum Liability. Regardless of the type of error, (late mailing, incorrect labeling or any other error), we will only be responsible to return money which you prepaid to us for Services we did not ultimately perform, or if less, your actual out-of-pocket costs. In no event will we be required to pay you more than the total amount you paid to us under this Agreement. Accordingly, in no event will we be responsible for any indirect, incidental or consequential special or punitive damages which you may incur arising out of this agreement or its termination, whether liability is asserted on contract or tort (including negligence and strict product liability) and irrespective whether you have been advised of the possibility of any such losses or damages.
- Printing Errors. You are solely responsible for the timely correction of all copy errors on the proof of your advertising. If you do not correct the proof, or if you do not return the corrected and signed proof to us, then we may not print your advertising pieces. Printed pieces may have minor variations in color or shading from a proof and are not a breach of this agreement by us.
- No Warranty. Chrysler Group performs all Services under this Agreement “AS IS”.
- Independent Franchising. Purchaser acknowledges that the Chrysler Group Member herein is (or is employed by) an independently owned and operated franchise of Money Mailer. Accordingly, neither Chrysler Group, LLC, its affiliated companies or regional subfranchisors are responsible for the activities of such local franchisees.
We may increase our prices under this Agreement to reflect increases in our costs, including, but not limited to increase in the cost of printing, paper or postage.
You will pay all taxes (except for taxes on our net income) which may be imposed by any taxing authority, that relate to your purchase of Services under this Agreement, and that we may be responsible to collect or pay.
PERSONAL GUARANTY OF PERFORMANCE
The individual executing this Agreement on behalf of Purchaser (the “Guarantor”) unconditionally promises to pay to Chrysler Group, on demand, all amounts due and owing by Purchaser under his Agreement. The term “all amounts due and owing” is used herein in its most comprehensive sense, and includes any and all advances to and debts, obligations, and liabilities of Purchaser now or hereafter existing, incurred or created, whether voluntary or involuntary and however arising under this Agreement.
You will not disclose the terms of this Agreement.
This Agreement consists of these general terms, along with any agreed on estimates, order forms or project requests. These represent the entire Agreement between you and Chrysler Group, and supersede all prior statements, agreements, understandings, practices, and customs between us dealing with this transaction. Changes must be in writing, and must be signed by both you and Chrysler Group. Any interlineations, delineations or other alterations of these terms by you without authorized Chrysler Group written approval will make this Agreement voidable by Chrysler Group. You may not assign or transfer any of your rights under this agreement without our prior written authorization.
We do not guarantee or represent a response rate for advertising we mail.
If you continue to use our Services after this Agreement has expired, all of the terms of this Agreement (other than rate, frequency, and volume) will remain in effect.
Captions, which are used in this Agreement, are for reference only and will not affect its interpretation.
If any provision hereof is found invalid or unenforceable, that part shall be deleted or amended to make such valid or enforceable and the remainder of this Agreement shall remain in full force and effect. We are not responsible for any cessation or delay in the performance of our obligations hereunder due to problems beyond our control, including, but not limited to fire, accident, labor difficulty, strike, riot, civil commotion, Acts of God or changes in laws or regulations.