Advertising Participation Agreement

This Advertising Participation Agreement (“Agreement”) is entered into by and between the Advertiser
(“Client”) and Herbst Marketing (“Publisher”), for placement of advertising on mailers delivered via USPS to households in
the designated USPS/EDDM carrier routes.



1. Scope of Service

Publisher agrees to design, print, and distribute a professionally designed shared
mailer ad (“Ad”) on behalf of the Client, in accordance with the size, layout, and delivery
schedule specified.

Client will receive one (1) dedicated ad space per mailing in the ad size/dimensions agreed to and paid for.
Each mailer is distributed to the  USPS EDDM carrier routes that are described and specified in each direct mail campaign.

Client may choose to participate in one (1) or multiple future mailings.

2. Ad Design & Proofing

Client may provide their own camera-ready ads in the specified ad dimensions, or request that Publisher provide ad design for Client. If Publisher is designing the Client’s ad, Client will receive a digital proof of the ad for review and approval. Client must either approve the ad proof or submit change requests in writing (email is
acceptable) within two (2) business days of receiving the ad proof.

If Client does not respond with approval or a change request within two business days of receiving the ad proof, Herbst Marketing reserves the
right to proceed with the latest proof as final and shall not be held liable for any errors or omissions on the ad in the event Client fails to provide timely response / feedback on the ad proof prior to submission to printer.

Any revisions after proof approval may incur additional design fees.

3. Ad Content Submission

If Client requests that Publisher provide ad design, Client shall provide Publisher the following information required to design and prepare the ad for printing within the timelines and deadlines provided by Publisher following Client’s ad space reservation:

1. Business name, contact information, website/landing page
URL, and any additional ad copy / special incentive offer or call-to-action to be included on Client ad.


2. Logo and photos/images in high-resolution png or jpg files (300 DPI) format.


3. Any required disclaimers or fine print to accompany each ad.

Failure to submit the above information by the deadline may result in removal from the mailer. Client hereby acknowledges that Client’s ad space has been reserved exclusively for Client and cannot easily be replaced on short notice in the event Client fails to provide the information needed to create Client’s ad.  Therefore, Client is not entitled to and shall not request a refund of the ad fee in the event that Client fails to provide required ad content in a timely manner.

4. Mailing Details

Publisher’s Business Spotlight mailers are delivered via USPS to designated households in the USPS/EDDM target carrier routes as specified in the applicable invoice / subscription advertising agreement.

Delivery dates are estimated and may vary by 3-10 business days due to USPS
handling.

Client will receive confirmation of print and mailing on request.



5. Payment Terms

Payment is due in full at the time Client reserves ad space.

If subscribing to multiple mailings, the first subscription payment is due and payable on the date the subscription is created and on the designated payment frequency thereafter (monthly, every 30 days, etc) for the duration of the subscription period. . Subscription payments are noncancellable for the duration of the subscription period. 

No space is reserved for Client’s ad until payment is received by Publisher.

All payments are non-refundable once the ad proof deadline has passed.


6. Ad Guidelines & Restrictions

Publisher reserves the right to reject any ad for any reason at Publisher’s sole discretion

Only one business shall be advertised in a single ad space unless otherwise approved by Publisher in writing.

Ad content must comply with all applicable local, state, and federal laws.



7. Limited Liability

Publisher makes no guarantees of response rates, conversion rates, revenue increase, or
Return on Investment (ROI). While our direct mail  advertisements are designed to provide optimal exposure for the advertised business and advertised offers to recipient households, we cannot guarantee any response or results.



In no event shall Publisher be liable for any damages in excess of the amount
paid by the Client for the specific direct mail campaign.



8. Future Participation

Participation in one mailing does not guarantee future acceptance or placement in future mailings.

Category exclusivity is honored per card (e.g., only one plumber, one HVAC company, one dentist etc. per mailer). Advertising spaces are reserved on a first-come, first-paid basis.



9. Client Agreement



By submitting their ad reservation and payment, Client agrees to the terms above and authorizes Publisher to
design, print, and distribute the agreed-upon advertisement on Client’s behalf.

10. Privacy and Confidentiality

No part of the Client’s confidential and proprietary information, ideas, business plans and trade secrets (collectively “confidential information”) shall be shared outside of Publisher without the Client’s express knowledge and approval.

Publisher has no right or license to use any of the Client’s data, assets, or materials outside the term of the agreement, and only to the extent necessary to provide the services to the Client.

The reproduction, distribution and sale of Publisher’s strategies, assets and materials by anyone but Publisher is strictly prohibited.  The Client shall not infringe any of Publisher’s copyright, patent, trademark, trade secrets or other intellectual property rights.  All provided materials, assets, strategies and confidential information shared by Publisher and/or its representatives belong solely and exclusively to Agency and may only be used by Client as authorized by Publisher

Video and phone calls pertaining to Client’s ad campaign may be recorded for quality and training purposes.  Client may request access to recorded calls at any time during the term of service. Publisher reserves the rich to distribute excerpts of recorded calls and proof of campaign results in our internal marketing campaigns for testimonial purposes.

TERMS OF SALE

You, the Client, hereby ratify your understanding that all advertising sales are final, non-refundable, non-cancellable, and waive any right to file a chargeback on your authorized payment with your credit card processor or bank.

All ads, campaigns and intellectual property created by Publisher will be deleted from the Client’s ad account under circumstances of non-payment as per the terms of this agreement.

This agreement constitutes the complete and exclusive agreement between Herbst Marketing and you, the client. It supersedes all prior written and/or oral statements, conditions, obligations, representations, or warranties.

This agreement shall be governed by the laws of Virginia, USA, notwithstanding any principles or conflicts of law which may otherwise require the application of the law of another jurisdiction.

You consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.