In this Advertiser Agreement (“Agreement”), “Frintz” is Direct Mail 2020, LLC (d/b/a Frintz), which is located at 260 E. Main St., Suite 6212, Rochester, NY 14604, is registered in the state on New York, and is governed by the Laws and Regulations of New York State. “Advertiser” refers to the company entering into the Agreement that is listed as Company Name and is further detailed in the Agreement. By entering the Agreement, Advertiser agrees that any cure or remedy will be under the jurisdiction of the Laws and Regulations of doing business in New York State.
AGREEMENT. The Agreement is by and between Frintz and Advertiser. UNLESS OTHERWISE AGREED TO IN WRITING, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO THE AGREEMENT.
MARKETING. In order to maximize the success of the campaign, both Frintz and Campaign Partner, each at their own expense, will co-market to potential consumers. Via social media (e.g., Facebook, Instagram), physical signage (e.g., window “cling”, stand-up card on counter), and/or emails, Advertiser will encourage its user network to download the FrintzTM App. To support Campaign Partner’s efforts, Frintz will provide upon request a QR code, a stand-up card template, an email template, and/or social media samples.
COPY APPROVAL. All Advertiser copy shall be approved through the execution of a written release of proof approved or orally if circumstances do not permit a written release prior to incorporation into the listed Campaign and subsequent delivery. If Frintz does not receive timely notice of corrections, Frintz shall assume that the final proof is correct, and that the ad will be published as it appeared on the final proof. Publication after the opportunity for copy corrections is at Advertiser’s risk as long as copy is printed as approved or corrected by Advertiser. Advertiser will be charged for copy, layout, or art charges to the final proof except those resulting from the errors of Frintz. Advertiser agrees to fulfill the completed Agreement, unless agreed upon by all parties, or be subject to the rate differential for actual mailings based on the current postal price schedules. Rates are subject to change in the event of a postal rate increase.
PAYMENT TERMS. All payments for advertising, as set forth in the Agreement, shall be in advance no later than receipt of invoice. Payments shall be paid by check, credit card, debit card, or ACH transfer. Any NSF payments will result in Advertiser being charged an additional $50.00 and replacement will be by certified check.
BILLING. Payment terms, other than the terms set forth in the Payment Terms section above, are not available.
COSTS OF COLLECTION. In the event Frintz places the Agreement in the hands of an attorney or collection agency for collection, Advertiser agrees to reimburse Frintz for its reasonable expenses and attorney’s fees. In addition, Advertiser shall pay interest at the rate of 1.5% per month upon the balance due and payable under the Agreement from the date of default if allowed by law, or, if not allowed, then the maximum rate of interest permissible under law.
CANCELLATION. Advertiser may cancel an order for any specific mailing by delivering a written notice of such cancellation to Frintz no later than sixty (60) days prior to the first date of mailing and Frintz will release Advertiser from Advertiser’s obligations under the Agreement. If cancellation is made at time of proof approval, Advertiser is liable for a $100.00 graphic charge. Thereafter, Advertiser will be liable for payment of 100% of Agreement amount.
LIABILITY OF FRINTZ. Advertiser agrees that Frintz’s liability hereunder is limited to timely production and mailing. Frintz is not liable for delays in the delivery and/or non-delivery in the event of any Act of God or any condition beyond Frintz’s control affecting production and delivery in any manner. FRINTZ DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED WITH RESPECT TO ALL ADVERTISING AND SERVICES PROVIDED TO ADVERTISER, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIMS ALL OBLIGATIONS AND LIABILITY FOR DAMAGES, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN CONNECTION THEREWITH, WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITIES THEREOF. IN NO EVENT SHALL FRINTZ’S LIABILITY UNDER THE AGREEMENT OR OTHERWISE EXCEED AMOUNTS RECEIVED BY IT FROM ADVERTISER HEREUNDER.
COPYRIGHT OWNERSHIP. If and only to the extent that any custom artwork is provided by Frintz, the parties agree that the advertisements created pursuant to the Agreement are “Artwork Made for Hire” and that Frintz has the right to copyright the advertisements in the name of Frintz and is owner of all rights and privileges attendant thereto. Such advertisements cannot be reproduced without the prior written approval of Frintz. All advertisements are accepted and published by Frintz on the representation that Advertiser and/or advertising agency are authorized to publish the entire contents and subject matter thereof. All copy, text, and illustrations are subject to the approval of Frintz prior to publication.
REPRESENTATION AND WARRANTIES/INDEMNIFICATION. Advertiser hereby represents and warrants to Frintz that neither the distribution of its advertisements under the Agreement, nor any effects therefrom, violate any law, rule or regulation including, but not limited to, those related to postal requirements, misrepresentation, libel, trade libel, unfair competition, deceptive business practices, fulfillment, copyrights, trademarks, patents, invasion of privacy, misbranding, labeling, or safety. Advertiser shall indemnify and hold Frintz harmless against any loss, and against any claims, suits, cost or expenses, including reasonable attorney’s fees of any kind whatsoever, in connection with the printing and/or mailing of Advertiser’s advertisement that are a result of Advertiser’s breach of the representations and warranties contained in the Agreement. It is the responsibility of Advertiser to ensure his product or service from product liability, and Advertiser agrees to hold Frintz harmless from any liability claims and any other claims arising for the use or misuse of such products or services.
ENTIRE AGREEMENT/ACCEPTANCE. There are no other agreements or understandings, written or oral, between the parties regarding the subject matter of the Agreement except as set forth herein. The Agreement shall not be modified or amended, nor shall any provisions be waived, except by written agreement signed by both parties. The Agreement is not in effect until accepted and approved by a duly authorized representative of Frintz.
Version: 08/02/2023
