2 0 0 6 R AT E S
Auto Manufacturer
Dealer Associations
1
AUTOMOTIVE MANUFACTURERS
RATES IN THIS BOOK APPLY TO:
PERSONNEL
Publisher and Chief Executive Officer
Jeff Johnson
Manager - Automotive Advertising
Tom Vento (213) 237-6111
Sr. Vice President of Advertising
Todd Brownrout (213) 237-3371
Import Manufacturer / Dealer Association
Anne Cova (213) 237-6186
Vice President of Classified Advertising
David Walsh (213) 237-6101
Domestic Manufacturer / Dealer Association
Chuck Prest (213) 237-3132
Rates effective January 1, 2006 - Display/Classified Advertising.
Rates in this book are commissionable at 15% whenever
such advertising is billed directly to an accredited advertising agency. Supplement to
Display and Classified Advertising Rate Books. Previous rate schedules are hereby
cancelled.
Please consult your Advertising Sales Representative for further information regarding
products, rates, policies and specifications.
TRIBUNE MEDIA NET
Tribune Media Net offers penetration in 24 key U.S. markets and, combined, these
media properties reach nearly 80% of U.S. households every day. Tribune offers crossmedia properties including 14 daily newspapers (3 Spanish), 26 television stations, and
websites in 20 of the nation's top 30 markets. Extend your reach in the top 3 markets
with a combination of Tribune newspapers, TV stations, and websites.
NEW YORK
2 Park Avenue,
8th Floor
New York, NY 10016
Phone: (212) 448-2600
Fax: (212) 448-2629
DETROIT
19500 Victor Parkway,
Suite 100
Livonia, MI 48152
Phone: (734) 464-6500
Fax: (734) 464-7188
CHICAGO (Tribune office)
435 N. Michigan Avenue,
Suite 200
Chicago, IL 60611
Phone: (312) 222-3232
Fax: (312) 222-5719
Phone: (312) 527-8118
Fax: (312) 527-8117
SAN FRANCISCO
111 Pine Street, Suite 1400
San Francisco, CA 94111
Phone: (415) 693-5600
Fax: (415) 391-4992
LOS ANGELES
202 West First Street
Los Angeles, CA 90012
Phone: (213) 237-2135
Fax: (213) 237-6174
ATLANTA
2839 Paces Ferry Road, #1105
Atlanta, GA 30339
Phone: (770) 433-9554
Fax: (770) 433-1927
FLORIDA
3107 Stirling Road,
Suite 205
Fort Lauderdale, FL 33312-6526
Phone: (954) 989-8833
Fax: (954) 963-3395
DALLAS
12900 Preston Road, Suite 615
Dallas, Texas 75230
Phone: (972) 789-6920
Fax: (972) 239-2737
CONTENTS
Personnel .................................................................................................. 1
Black & White Rates Per Inch ...................................................................... 2
Black & White Full Page Rates .................................................................... 2
Color Rates .............................................................................................. 2
LATM ........................................................................................................ 3
Distinction ................................................................................................ 3
Latimes.com .............................................................................................. 3
Multimedia ................................................................................................ 3
Preprints and Related Products .................................................................. 4
Local Community Values (LCV) .................................................................... 4
Modular Sizing Chart .................................................................................. 5
ROP Production Specifications .................................................................... 5
ROP / Classified Deadlines ........................................................................ 6
Advertising Terms and Conditions ............................................................ 7-9
2
AUTOMOTIVE MANUFACTURERS
AUTOMOTIVE MANUFACTURERS AND
THEIR DEALER ASSOCIATIONS
Full Circulation Black & White Advertising Rates(Commissionable)
Full Circulation Black & White Advertising Rates(Commissionable)
RATES – PER INCH, ROP/CLASSIFIED
FULL PAGE RATES, ROP/CLASSIFIED
Based on Modular sizes, see page 5. All Non-Modular Ad sizes will be charged a
10% surcharge.
Includes ad in Print to Web area on latimes.com for 7 days, see page 3.
Total Gross
Revenue
Commitment
Open Rates
Sunday
Daily
1st Pick-up
2nd Pick-up
Sunday
Daily
1st Pick-up
2nd Pick-up
$784
$588
$316
$210
$75,780
$56,836
$23,147
$18,925
$250,000
755
570
304
203
73,078
55,214
22,264
18,335
500,000
733
554
299
197
70,913
53,591
21,877
17,739
1,000,000
688
519
279
186
66,596
50,213
20,500
16,745
1,500,000
652
490
264
172
63,025
47,403
19,355
15,935
2,000,000
615
462
249
167
59,548
44,665
18,238
15,147
2,500,000
600
451
243
162
58,009
43,636
17,831
14,581
3,000,000
584
441
238
156
56,471
42,612
17,430
14,023
4,000,000
562
424
226
149
54,417
41,068
16,553
13,463
5,000,000
552
414
220
149
53,388
40,044
16,124
13,463
7,500,000
531
398
215
143
51,335
38,505
15,756
12,900
Pick-up rates are subject to availability on Fridays and contract provisions.
Pick-up ads must run within 6 days of the base ad. Sunday insertions must be at full price.
COLOR RATES (Commissionable)
Add the prices listed below to black and white costs.
Up To One Standard Size Page
ADVERTISING CHARGES
On a standard-size page, advertisements over 18 inches in depth will be billed as
21-1/2 inches.
Spot Color
Four Color
$7,538
$10,080
9,539
11,813
Full Run Circulation
Daily
Sunday
Standard Double Truck
Standard size double truck is charged as 279.50 inches.
• Please see www.latimes.com/ads for our comprehensive Production Guidelines book.
3
AUTOMOTIVE MANUFACTURERS
WEST MAGAZINE
LATIMES.COM
A brand-new magazine is coming WEST. As the new Los Angeles Times Sunday
magazine, it will embrace a state of anticipation-California. The new vision of West offers
a golden opportunity to reach people who will read its compelling stories. Look at its
bold photography. Smile at its playful approach to style. As we appeal to readers’
curiosities and concerns, you can attract their attention. So don’t miss out on being in a
magazine where California becomes more meaningful, week after week. And where you
can take your advertising dollars as far as you can go.
Latimes.com is one of the leading sources on the Web for news about the world, the
nation and California. Each month, millions of visitors log on to latimes.com for in-depth
articles by award-winning journalists, updates throughout the day and special multi-media
capabilities.
1. Publishes Sunday. Distributed in Full Circulation.
Make your online campaign a success with standard online advertisements, rich media,
special sections, e-mail, or utilize our new user demographic and behavioral ad targeting
system.
2. Printed rotogravure.
3. Trim size: 9-1/2" x 11-1/2". All live copy should be kept 1/4” inside of these dimensions.
4. Bleed Printing: No charge. Available in black and white and color.
5. Rates: Ask your Advertising Sales Representative for the Los Angeles Times Magazine
Rate book.
DISTINCTION
DISTINCTION is a smart, different luxury magazine with real content and real substance.
Written for people of real affluence, influence and accomplishment. DISTINCTION readers
are not “aspirational” - - on the outside looking in on the world of celebrity. Quite the
contrary, DISTINCTION readers are real contributors to Los Angeles. In business. And the
arts. In architecture. Fashion and beauty. In sciences and philanthropy.
DISTINCTION is about the people and not just the prestige. The soul and not just the
celebrity. Created by L.A.’s best writers and photographers to capture the attention of
the truly affluent, DISTINCTION targets luxury minded individuals with home values of at
least $2,000,000.
85,000 copies delivered to the most affluent people in Los Angeles and Orange Counties
with 5,500 additional copies at high visibility newsstands. Additionally, 7,500 copies are
distributed at select promotional events, hotels, spas along with upscale retail boutiques.
Contact your Advertising Sales representative for more information.
And latimes.com is more than news. It’s a marketplace, bringing together buyers and
sellers from across the nation. From entertainment options to travel plans, shopping
opportunities to sports-related merchandise, used cars to careers, we give each advertiser the chance to connect to millions of upscale and educated consumers.
Let ShopLocal and Print to Web increase the reach of your current newspaper campaign
by over 17% for up to six additional days by placing your print ads on latimes.com.
ShopLocal allows shoppers to find out what is for sale in their neighborhood. Consumers
can search the products in your ad by category, store or brand plus get directions to
your store location. Print to Web comes with complete interactive functionality including a
link to your own website and the ability of our visitors to e-mail your print ad to others.
Please go to latimes.com/shoplocal and latimes.com/printads to view examples.
Contact your Advertising Sales Representative for more information.
MULTIMEDIA
Multimedia opportunities are available with latimes.com and/or our television partner,
KTLA. Please ask your sales representative for more information.
4
AUTOMOTIVE MANUFACTURERS
PREPRINTS AND RELATED PRODUCTS
Product Descriptions
Preprints: Insert distribution is available on Wednesday, Friday and Sunday with a minimum of 10,000.
LOCAL COMMUNITY VALUES (LCV)
LCV combines preprinted inserts in The Times with insert distribution to non-subscriber
households throughout our market area. Your insert in The Times can appear on
Wednesday, Friday or Sunday and includes added distribution through the Daily Breeze,
while non-subscriber distribution is mid-week in the mail.
Outside Positions: For special impact, we’ll put your preprint on top or bottom of the
newspaper rather than inside. This is for home delivery only and is available 5 days a
week (Sun., Mon., Tues., Thurs., Sat.).
Print & Deliver
Polybags: For extra visibility, have your logo and /or advertising message printed on a
polybag which covers the paper. This is for home delivery only and is available 7 days a
week.
LCV Wrap Program
We-Prints: The Times can print your 4-16 page advertising section in the 1-A position
(between Main News and the California sections) or other available ROP position. Ask
your Advertising Sales Representative for rates and specifications.
Ad design and printing are also available at attractive rates.
The Times has a 4-page, full-color, midweek multi-advertiser wrap and a 4-page, fullcolor, Friday multi-advertiser wrap. Please contact your Advertising Sales Representative
for details.
Charges:
LCV charges are determined by the weight of the insert.
Product Sampling
Preprinted Insert Rates
You may distribute a sample of your product to Times subscribers in several ways:
To discuss acceptable guidelines and rates for any of these advertising opportunities,
please contact your Advertising Sales Representative.
Sample in Times Polybag: The sample may be placed in a Times-supplied clear plastic bag along with the newspaper.
Sample in Advertiser Polybag: The sample may be placed in an advertiser-supplied
plastic bag along with the newspaper. The bag must meet The Times’ requirements for
polybags.
Sample in Advertiser Pouch: The sample may be sealed in a “kangaroo” pouch that
puts the sample on top of the newspaper in a complete package. In this case, the advertiser supplies the samples already sealed into the pouch-bags.
Rates
To discuss acceptable guidelines and rates for any of these advertising products please
consult your Advertising Sales Representative.
Pricing varies depending on the options you choose.
Pricing varies depending on the size of the sample, the circulation volume and the
packaging option you choose.
5
AUTOMOTIVE MANUFACTURERS
STANDARD R.O.P. ADVERTISING UNITS
MECHANICAL SPECIFICATIONS
The number of columns in width by the depth in inches is the ad designation.
Ad Size – Guidelines and Mechanical Specifications
1x21"
2x21"
3x21"
4x21"
5x21"
Full-page
6x21.5"
ROP Ad Sizes
1. Ads are measured in column inches. One column inch is one column wide by one inch deep.
See table below for column widths and minimum and maximum ad depths.
2. All Display Editions and Sections are produced in L.A. Times Ad unit column format. In addition to
LATAU sizes, The Times accepts non-modular sizes at a surcharge.
1x18"
2x18"
3x18"
4x18"
5x18"
6x18"
3. Standard (broadsheet) pages follow a six-column format. Tabloid pages follow a five-column
format.
4. Standard double truck – 12.5 columns (23 7/8") wide;
10-1/2" minimum depth. Tabloid double truck – 10.5 columns (20-9/16") wide; 11.5" deep.
1x15.75"
2x15.75"
3x15.75"
4x15.75"
5x15.75"
6x15.75"
5. Minimum ad depths as shown on chart below.
6. For information on how to send digital ads files, please log on to
www.latimes.com/ads/dasweb.
DEPTH IN INCHES
7. Electronic tearsheets are available as proof of publication at http://tearsheets.latimes.com.
1x14"
2x14"
3x14"
4x14"
5x14"
6x14"
To access the eTearsheet website please contact etearhelp@latimes.com or call
1-800-528-4637 ext. 38327 for user identification and password.
1x10.5"
2x10.5"
3x10.5"
4x10.5"
1x7"
2x7"
3x7"
4x7"
1x5.25"
2x5.25"
3x5.25"
4x5.25"
5x10.5"
5x7"
6x10.5"
6x7"
Columns Wide
Inches Wide
One
Two
Three
Four
Five
Six
1-13/16"
3-3/4"
5-11/16"
7-5/8"
9-9/16"
11-1/2"
Inches Deep
Minimum*
Max.-tabloid
Max.-broadsheet
1"
11.5"
21"
2"
11.5"
21"
5.25"
11.5"
21"
5.25"
11.5"
21"
7"
11.5"
21"
7"**
21.5"***
* Minimum sizes are based on modular sizing. See page 10 for acceptable modular sizes.
** Except a strip ad at 6 x 3.5 inches.
*** Full page only.
Classified 10-Column Format
1x3.5"
2x3.5"
1x2"
2x2"
6x3.5"
1x1"
1-13/16"
3-3/4"
5-11/16"
7-5/8"
9-9/16"
11-1/2"
WIDTH IN INCHES
Double Trucks: 12.5 columns, available in 21.5" and 10.5" depths in Standard sections;
10.5 columns by 11.5" depth in Tabloid sections.
For information on Tabloid modular sizes, please contact your sales representative.
The Southern California Circulation Classified section and all Regional Circulation Editions
are produced in Classified column format.
One
Two
Three
Four
Five
Columns
Col. Width
1-1/16"
2-1/4"
3-3/8"
4-9/16"
5-11/16"
Columns
Col. Width
6"
6-7/8"
7"
8"
8"
9-3/16"
9"
10-3/8"
10"
11-1/2"
• Classified column depth is 21-1/2".
• Classified column is approximately 300 lines.
• An island advertisement is 6 columns x 8-1/2". Subject to availability.
• Classified page contains approximately 3,000 lines.
Standard Double Truck
• 21 columns wide or 23-7/8".
6
AUTOMOTIVE MANUFACTURERS
FULL CIRCULATION DEADLINES
Deadlines are based on a standard business week, excluding weekends and holidays.
DAILY EDITIONS AND SECTIONS
SPACE
ARTSET MATERIALS
4 COLOR
& SPOT
(Schedule required for proofs)
BLACK & WHITE
ORIGINAL ARTSET
DIGITAL FILES
FINAL CORRECTIONS
ALL ARTSET
(No proofs provided)
REMOTE
DELIVERY
MAIN NEWS, CA.
SPORTS & BUS.
12 noon, 2 days
prior to pub. date
12 noon, 3 days
prior to pub. date
5 pm, 3 days
prior to pub. date
6 pm, 2 days
prior to pub. date
10 am, 1 day
prior to pub. date
CALENDAR
(EXCEPT THURSDAY)
12 noon, 2 days
prior to pub. date
12 noon, 3 days
prior to pub. date
5 pm, 3 days
prior to pub. date
6 pm, 2 days
prior to pub. date
10 am, 1 day
prior to pub. date
MONDAY HEALTH
12 noon, Wed.
12 noon, Wed.
5 pm, Wed.
6 pm, Thurs.
10 am, Fri.
WEDNESDAY
FOOD
3 pm, Thurs.
(previous week)
12 noon, Fri.
(previous week)
5 pm, Fri.
6 pm, Mon.
prior to pub. date
10 am, Tues.
CALENDAR
WEEKEND (THURS.)
DIRECTORIES
2 pm, Mon.
12 noon, Mon.
5 pm, Mon.
6 pm, Tues.
10 am, Wed.
THURSDAY HOME
9 am, Tue.
12 noon, Mon.
12 noon, 3 days
prior to pub. date
5 pm, 3 days
prior to pub. date
6 pm, 2 days
prior to pub. date
10 am, 1 day
prior to pub. date
CLASSIFIED
12 noon, 1 day
prior to pub. date
6 pm, 3 days
prior to pub. date
6 pm, 2 days
prior to pub. date
12 noon, 1 day
prior to pub. date
10 am, 1 day
prior to pub. date
12 noon, Mon.
SUNDAY EDITIONS AND SECTIONS
SPACE
ARTSET MATERIALS
MAIN NEWS, CA.
SPORTS & BUS.
12 noon, Thurs.
4 COLOR
& SPOT
12 noon, Wed.
(Schedule required for proofs)
BLACK & WHITE
ORIGINAL ARTSET
5 pm, Wed.
DIGITAL FILES
CALENDAR
11 am, Tues.
12 noon, Mon.
12 noon, Mon.
5 pm, Mon.
12 noon, Wed.
TRAVEL
11 am, Mon.
12 noon, Fri. 9 days
5 pm, Fri. 9 days
prior to pub. date
12 noon, Mon.
prior to pub. date
9 am, Tues.
REAL ESTATE
11 am, Wed.
12 noon, Wed.
5 pm, Wed.
6 pm, Thurs.
10 am, Fri.
BOOK REVIEW
11 am, Mon.
12 noon, Mon.
5 pm, Mon.
6 pm, Tues.
10 am, Wed.
CURRENT
3 pm, Mon.
12 noon, Wed.
5 pm, Wed.
6 pm, Thurs.
10 am, Fri.
CLASSIFIED
5 pm, Fri.
6 pm, Wed.
6 pm, Thurs.
3 pm, Fri.
3 pm, Fri.
FINAL CORRECTIONS
ALL ARTSET
6 pm, Thurs.
(No proofs provided)
REMOTE
DELIVERY
10 am, Fri.
7
AUTOMOTIVE MANUFACTURERS
ADVERTISING TERMS & CONDITIONS
1.
and graphics, in any media, presently known or unknown, including but not limited to Publisher’s
electronic publications on the Internet and in any archival retrieval system whether that information
is digitally stored or stored on any other media. To the extent feasible and with the use of known
technological resources, Publisher agrees that it will make reasonable efforts to prevent the reproduction of coupons capable of redemption by a consumer in any of Publisher’s electronic publications.
ADVERTISING ACCEPTANCE; PUBLISHER’S RIGHT TO REJECT OR ALTER
(a) Submission of an advertisement to Publisher does not constitute a commitment by Publisher to publish the advertisement. Publisher accepts advertising only by publishing such advertisement. Upon
such acceptance, Advertiser acknowledges that (i) the terms and conditions set forth in this
Agreement shall apply to all advertising orders unless such terms and conditions are modified,
superseded or otherwise altered by a written instrument signed by an authorized representative of
Publisher, (ii) the terms and conditions set forth in this Agreement shall prevail over any inconsistent
terms and conditions set forth in any order or contract form of any Advertiser and (iii) insertion
orders containing disclaimers are not acceptable and are not legally binding or valid. Publisher has
the right, in its sole and absolute discretion, to reject any advertisement or any portion thereof.
Publisher’s publication of an advertisement shall not affect its right to reject such advertisement
thereafter.
4.
Publisher shall not be deemed in breach of this Agreement in the event that it does not honor a specific position agreement due to conflicting editorial needs, in Publisher’s sole discretion. In the
event Advertiser has paid a premium for a particular position, reimbursement for failure to publish in
a particular position shall be limited to the refund of such premium to Advertiser.
5.
LAWFUL ADVERTISING; INDEMNIFICATION
Advertising Party and Advertising Agency, if applicable, jointly and severally represent and warrant
that (a) any and all material submitted to Publisher (i) is accurate and original, (ii) does not violate
any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, (iii) does not constitute unfair competition, and (iv) contains no matter which is libelous, an invasion of privacy or publicity, an unlawful appropriation of any name or
likeness or is otherwise injurious to the rights of any person; and (b) each of Advertising Party and
Advertising Agency, if applicable, has obtained all necessary consents for publication prior to submission to Publisher. Advertising Party and Advertising Agency, if applicable, jointly and severally
agree to defend, indemnify and hold Publisher and its affiliates and their respective directors, officers, principals, managers, members, partners, shareholders, employees, and controlling persons
and their affiliates (Publisher and each such person being an "Indemnified Party"), harmless from and
against all damages to and liabilities resulting from or relating to demands, claims, actions or causes of action, assessments or other losses, costs and expenses relating thereto, interest and penalties thereon and attorneys' fees, legal fees and any other expenses in respect thereof or in enforcing their rights hereunder, by reason of or resulting from or attributable to its breach of this
Agreement, the publication of any advertisement by Publisher (whether or not Publisher assisted in
the preparation of the advertisement), or the distribution of any sample product submitted by
Advertising Party and/or Advertising Agency.
3.
MATERIALS; COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
(a) Publisher has no obligation to return any material submitted to Publisher by or on behalf of Advertiser
to Advertiser or any other party, and Publisher shall have no liability for its loss or destruction.
(b) Publisher shall have the right to use any advertising published in Publisher’s publication for the purpose of promoting any of the products and services of Publisher. Advertiser grants Publisher a nonexclusive, perpetual, irrevocable and worldwide license to publish any and all advertising content created by Advertiser or its agents or Publisher, including but not limited to photographs, artwork, text
LIABILITY FOR ERRORS, OMISSIONS OR FAILURE TO PUBLISH OR DISTRIBUTE
(a) Publisher’s liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement.
Publisher’s liability for failure to publish any advertisement or distribute any advertising insert
shall be limited to a refund of any amount paid to Publisher for such advertisement or insert.
Notwithstanding the foregoing, Publisher shall have no liability for, and no credit shall be issued
to Advertiser for, errors that do not materially affect the value of the advertisement or advertising insert or where Advertiser is responsible for the error or omission. Credits for errors in
advertisements or advertising inserts materially affected by the error are allowed for the first
publication or distribution only.
(b) Publisher reserves the right to alter any advertising material in order for the material to conform to
its current mechanical specifications. The rates stated in the Advertising Agreement shall remain the
same upon a reduction in the size of any advertisement as long as the advertisement maintains the
same proportion of the entire page. Publisher rates are based on column inch size rather than actual published size, which may have shrinkage related to the printing process.
2.
POSITION REQUESTS
(b) Notwithstanding anything to the contrary herein, in no event shall Publisher be liable to
Advertiser or to any other parties for any further damages of any kind arising from any breach
of this Agreement or any other advertising contract, written or oral, or act or omission of
Publisher with respect to an advertisement or advertising insert, including but not limited to,
direct, indirect, special, consequential, or punitive damages.
(c) Publisher is not responsible for errors involving orders, cancellations or corrections given orally. Written or facsimile confirmation of orders, cancellations or corrections must be received
prior to Publisher’s cancellation deadline. Publisher will publish advertisements and bill
Advertiser for all advertising orders that are not canceled prior to the deadline. Advertiser may
be subject to a cancellation charge when such cancellation results in production delays.
6.
PAYMENT; DISPUTES
Advertiser shall pay all invoices due within 15 days of invoice date. Advertiser waives any dispute regarding any item included in an invoice unless notice of such dispute is provided to
Publisher in writing within 30 days of the invoice date.
7.
AMENDMENTS; WAIVERS; RATE CHANGES
(a) Waiver of any term of this Agreement or failure of Publisher to terminate this Agreement on
account of any breach by Advertiser shall not be deemed a waiver of Publisher’s rights to subsequently enforce any term or to terminate this Agreement by reason of any subsequent breach by
Advertiser. No waiver by either party on any one occasion shall extend to or effect or be construed as a waiver of any right or remedy on any future occasion or with respect to any prior
occasion. No course of dealing of any person nor any delay or omission in exercising any right
or remedy shall constitute an amendment of this Agreement or a waiver of any right or remedy of
any party hereto.
8
AUTOMOTIVE MANUFACTURERS
(b) Except as set forth in subsection (c) of this Section 7, no amendment of any term, provision or condition of this Agreement shall be effective, unless in a writing executed by each of the parties hereto
that specifically refers to this Agreement.
(c) Publisher shall have the right to revise the advertising rates set forth in this Agreement at any time
upon notice to Advertiser of such rates. Advertiser may terminate this Agreement on the date the
new rates become effective by giving written notice within 30 days of such termination. In the event
of such termination, Advertiser shall be liable for Advertising published prior to such termination at
the Current Agreement Rate. “Current Agreement Rate” is defined as the billing rate in effect at the
time of publication.
(d) If the United States Postal Service implements a postage cost at any time during the term of
this Agreement , Advertiser understands and agrees that the advertising rates set forth in the
Agreement shall be adjusted to reflect that increase automatically upon the effective date of
the United States Postal Service increase.
8.
TERMINATION OF AGREEMENT; EFFECT OF TERMINATION
(a) Publisher shall have the right to terminate this Agreement at any time, with or without notice to
Advertiser, for Advertiser’s failure to remit payment for invoices by the due date of such bills.
(b) Publisher reserves the right to review the volume of advertising placed on a quarterly basis and to
cancel the contract in its sole discretion if advertising placed falls 15% or more below the quarterly
average volume needed to fulfill the twelve-month contract amount, if Advertiser has such a contract
with Publisher. Failure of Publisher to review the frequency of advertising or cancel the contract for
any reason shall not be deemed a waiver of the right to cancel in the future or to impose any applicable rate adjustment.
(c) Subject to the terms of subsection (e) of this Section 8, Advertiser shall have the right to terminate
this Agreement at any time by written notice to Publisher.
(d) Publisher shall have the right to terminate this Agreement for any reason and at any time by written
notice to Advertiser, in which event and so long as Advertiser has been meeting its revenue, volume
or other commitment to Publisher over time in a way that is consistent with Advertiser reaching its
final commitment, Advertiser shall be liable for advertising prior to such termination at the Current
Agreement Rate.
(e) Except for a termination under Section 7 above, in the event the Agreement is terminated or for any
other reason Advertiser fails to purchase during the term of the Advertising Agreement the advertising generating the revenue, volume or other commitment due to Publisher, Advertiser immediately
shall pay to Publisher the lesser of the following:
(i) the original commitment made to Publisher under the Advertising Agreement or
(ii) an amount for all advertising published during the term including advertising previously billed
(“Amount Due”), adjusted for space, inserts and color actually used. The unpaid balance of such
adjusted Amount Due shall be based upon the “Actual Rate Earned” for advertising during the term.
The “Actual Rate Earned” is defined as the rate which would have been payable by Advertiser if the
amount of advertising actually purchased during the term had been contracted for in the first
instance, and such Actual Rate Earned shall be ascertained by reference to the applicable
Publisher rate card in effect on the date that the advertising was published.
9.
INTEGRATION
Advertiser agrees that no representations of any kind have been made to Advertiser by Publisher or
by any of its agents and that no understanding has been made or agreement entered into other than
as set forth herein.
10. FORCE MAJEURE
Publisher shall not be liable for failure to publish or distribute any advertisement because of strikes,
labor disputes, government action, war, fire, breakdown of equipment, terrorist act, or any other
cause beyond its reasonable control.
11. OTHER SERVICES
Except as stated otherwise, payments by Advertiser to Publisher for services or goods other than
advertising space, inserts and color shall not be applied toward any revenue totals set forth in the
Agreement.
12. COLLECTIONS
Advertiser shall be liable for all costs incurred by Publisher, including but not limited to attorneys’ fees
and expenses, in collecting past due accounts and in defending any and all claims asserted in the
action.
13. TAXES
Any and all taxes levied against advertising shall be added to the advertising charges, including but
not limited to any sales taxes.
14. PREPARATION OF ADVERTISING
Advertiser represents and warrants that it is familiar with all laws and regulations applicable to its
advertisement(s), and that advertising material submitted to Publisher shall be in compliance with
such laws and regulations.
On request, Publisher may assist Advertiser in preparing its advertisement(s) for publication. This
assistance may include design, composition, text and artwork. Publisher does not assume any obligations to perform a legal review of Advertiser’s advertisement(s). Advertiser remains solely responsible for the contents of the advertisement(s) and for compliance with any laws regulating such advertising.
15. ASSIGNMENT
This Agreement and the rights and obligations hereunder are personal to Advertiser and may not be
assigned by any act of Advertiser or by operation of law, change of control of Advertiser or otherwise
without the prior written consent of Publisher, to be granted or not granted in Publisher’s sole and
absolute discretion. Advertiser may not assign to, nor utilize for the benefit of another person or
entity, any of the lineage required to be purchased by Advertiser without Publisher’s prior written
consent, to be granted or not granted in Publisher’s sole and absolute discretion.
16. SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or operation of any other provision, and such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving
to the fullest extent permissible the intent of the parties set forth in this Agreement. To the full
extent, however, that the provisions of any applicable law may be waived, they are hereby waived
to the end that this Agreement be deemed a valid and binding agreement enforceable in accordance
with its terms.
9
AUTOMOTIVE MANUFACTURERS
17. JOINT AND SEVERAL LIABILITY OF ADVERTISING PARTY
AND ADVERTISING AGENCY
Advertising Party and Advertising Agency are each hereby obligated, jointly and severally, to
pay any and all amounts owed to Publisher, as and when the same shall become due and
payable, in accordance with the terms hereof. All written agreements between Advertising
Party and Advertising Agency, shall include provisions whereby each such party agrees that
Publisher has a right to recover any and all amounts owed hereunder from either such party
directly. Publisher shall be a third-party beneficiary of all such agreements. Publisher is here
by irrevocably appointed as each of Advertising Agency’s and Advertising Party’s attorney-infact, coupled with an interest, with exclusive power to collect, receive and retain any amounts
owing from Advertising Party to Advertising Agency, or Advertising Agency to Advertising
PAYMENT TERMS
1.
2.
3.
4.
Party, as the case may be, pursuant to such agreements and Publisher shall retain such
amounts to offset amounts due hereunder. Each of Advertising Agency and Advertising Party
shall immediately upon receipt pay directly to Publisher any and all amounts that it receives
from Advertising Party or Advertising Agency, as the case may, for payment of amounts owed
pursuant to this Agreement.
18. REPRESENTATIONS AND WARRANTIES
5.
6.
Each of Advertising Party and Advertising Agency, hereby represents and warrants to
Publisher:
(a) It is duly incorporated or formed, as the case may be, validly existing and in good standing
under the laws of the state of its incorporation or formation, as the case may be, and has all
requisite power to own, lease and operate its property and to carry on its business as
now being conducted.
(b) All action on the part of such party necessary for the authorization, execution and delivery
of, and the performance of all of its obligations under, this Agreement has been duly taken.
This Agreement constitutes a valid and binding obligation of such party, enforceable against it
in accordance with its terms.
Only checks drawn on U.S. banks are accepted; no counter checks. The courtesy limit of credit may
vary with the following newspapers: the Daily Pilot, Huntington Beach Independent, Glendale News
Press, Burbank Leader, and Coastline Pilot.
7.
8.
9.
(c) The execution and delivery by such party of this Agreement do not, and the consummation of the transactions contemplated hereby will not, (i) violate or conflict with the organizational documents of such party or (ii) constitute a material breach or default or give rise to any
lien or other encumbrance, third-party right of termination, cancellation, material modification
or acceleration under any material agreement, understanding or undertaking to which it is a
party or by which it is bound, or violate or conflict with any applicable law.
(d) All written agreements between Advertising Party and Advertising Agency include
provisions whereby each such party agrees that Publisher has a right to recover any and all
amounts owed hereunder from either such party directly.
(e) Advertising Agency is authorized and has the power to (i) enter into this Agreement on
behalf of or in the name of Advertising Party and (ii) bind Advertising Party to this Agreement
without the prior written consent of Advertising Party.
(f) Advertising Party is authorized and has the power to (i) enter into this Agreement on behalf
of or in the name of Advertising Agency and (ii) bind Advertising Agency to this Agreement with
out the prior written consent of Advertising Agency.
Previous rate schedules are hereby cancelled.
Commission-qualified rates are commissionable at 15%, provided such advertising is billed directly to
an accredited advertising agency. Other rates are non-commissionable and net. No cash discounts.
Published advertising per-column inch ROP rates are based on modular sizes (page 5). Non-modular
advertising is subject to a surcharge.
ROP Advertisements are billed in column inches;
a. A full standard-size page advertisement is measured at 129 inches. A standard full double truck
advertisement is measured at 279.5 inches.
b. A full tabloid page advertisement is measured at 57.5 inches. A tabloid full double truck is
measured at 126.5 inches.
c. On a standard-size page, advertisements over 18 inches in depth will be billed as 21.5 inches.
d. Ads are measured from cut-off rule to cut-off rule.
e. For Classified and Preprints & Times Direct specification, please contact your Advertising Sales
Representative.
All rates are subject to any applicable tax.
Payments must accompany all orders over $700 from advertisers who have not established credit
with The Times. Cash, check, Visa, MasterCard, American Express and Discover cards are accepted.
Advertiser may apply for credit with The Times by completing a credit application. Credit terms are
subject to approval by The Times. Credit applications should be submitted at least five business days
prior to the space reservation deadline. The Times reserves the right to rescind credit terms without
prior notice.
Payment of invoice is due within 15 days of date of invoice. Any dispute regarding any item shown on
an invoice is waived unless made in writing within 30 days of invoice date.
If applicable, a commission of 15 percent will be allowed to accredited advertising agencies.
The Times will not accept insertion orders containing terms regarding sequential liability. The Times will
expect payment from the recognized accredited agency, but reserves the right to contact advertiser
directly for payment of such advertising should it become necessary.
10. Rates lower than the Open Rate are available upon agreement between the Times and the advertiser.
11. Advertising purchased at a discounted rate may apply toward contract fulfillment based on a prorated
amount as described in this ratebook.
12. Two or more advertisers will not be allowed to combine space or insertions, nor will advertising
agencies be allowed to combine space or insertions of their clients or accounts, unless the businesses advertised are under common ownership and the prior written approval of The Times has been
obtained.
13. Contracts may apply to like businesses of different names that have common ownership, subject to
prior written approval of The Times.
14. The Times shall have the right to revise its advertising rates at any time.