The Smartphone Magazine Advertising Agreement

By advertising with the TheSmartPhoneMagazine® Advertiser agrees to the terms of this Agreement (The Agreement) between PolyMedia Corp (TheSmartPhoneMagazine(SM)), whose corporate address is 30 N Gould St Ste R, Sheridan, WY 82801 (Hereinafter referred to as “TheSmartPhoneMagazine” ) and advertiser, (hereinafter “Client”), is the only agreement between TheSmartPhoneMagazine and Client, and the only parties to this Agreement are TheSmartPhoneMagazine and Client.

Submission of Materials:
Client agrees to supply to TheSmartPhoneMagazine all elements of the advertising to be published, including properly formatted files and proofs by the “Copy” deadline. Client agrees that any changes necessary to prepare or modify the advertisement to conform to the size or production specifications listed may be added as additional charges to the advertiser.

Cancellations:
No cancellations are allowed after the “Space Reservation” deadline stated separately.

Publisher’s Discretion:
TheSmartPhoneMagazine reserves the right to place the word ADVERTISEMENT on any material the publisher believes to resemble or to be confusingly similar to the publication’s editorial or article format. Clients are permitted to advertise in the magazine at the discretion of TheSmartPhoneMagazine. TheSmartPhoneMagazine reserves the right to refuse or cancel any advertising for any reason at any time.

Placement:

Print size is full page, 1/2 page, and 1/3 page.  Full page digital is a mobile phone screen size and consists of a top ad, 1 left side ad, map, and a Business Review Link.  1/2 page digital is top ad and left side ad.  1/3 page is a left side ad.  These ads circulate around the Smart Phone Magazine in various articles that are advertised in Top News Magazine and top websites.

Digital Advertisements appear within the top of the magazine or the in-article, footer, or side-ad positions.  Placement with TheSmartPhoneMagazine accepts no responsibility for any errors in advertisements prepared or approved by the advertiser.  Any substantial errors that are the fault of the TheSmartPhoneMagazine will be subject to a reduction or reimbursement of the amounts paid by the client, but in no case will any claim arising from any error exceed the amount paid for the advertisement by the client. TheSmartPhoneMagazine shall not be liable for any consequential damages of any kind if for some reason the magazine does not publish an advertisement or the advertisement is published incorrectly.

Indemnity:
Client’s materials are accepted and published upon the representation that the advertiser has the right to authorize publication of all contents of the advertisement and the representations made therein do not infringe or damage any third party. Client agrees to indemnify and hold harmless the publisher from any and all claims and resulting damages, loss, and expense (including attorney’s fees) arising out of the publication of the client’s material. These claims include, but are not limited to, claims or suits for libel, violation of right of privacy, plagiarism, and/or copyright infringement.

Scope of Agreement:
These terms and conditions are the complete understanding between the parties concerning all matters contained herein, and any prior statements or representations are superseded by this agreement.

Contract Term:
The effective term of this agreement is the “Subscription Period”, which is from the Media Start Date on a monthly basis during the subscription term, during which time TheSmartPhoneMagazine® shall maintain agreed advertisements on it’s website at 4GYP.com and its Smart Phone Magazine. At all times during and after the Subscription period the advertising content images, videos and promotional items remain the property of TheSmartPhoneMagazine® .  Videos made by the TheSmartPhoneMagazine remain the property of the TheSmartPhoneMagazine.

Payment Terms:
Payment must be received by the applicable “Space Reservation” deadlines. Client agrees to pay TheSmartPhoneMagazine according to the Advertising Fee Schedule, Category and Locations specified in the TheSmartPhoneMagazine.com Digital Advertising Rates through our PayPal subscription system.

Amendments:
1. TheSmartPhoneMagazine® and Client will render its professional best efforts and skills for the planning and placement of proposed media fulfillment, advertisements, promotions and announcements to generate customer leads in the designated geographic area on behalf of client.
2. TheSmartPhoneMagazine.com reserves the right to transfer, assign, pledge, encumber or otherwise transfer their interest in this agreement to a third party.
3. This Agreement constitutes the entire Agreement between the Parties and may not be changed, altered or modified except by any instrument in writing signed by the party against whom enforcement of such change is sought. There is no Agreement or understanding between and among the Parties other than those set forth herein.
4. Nothing in this Agreement shall be construed to create a partnership between Client and TheSmartPhoneMagazine®. Accordingly, neither party shall, under any circumstance:
(a) Act or hold itself out as an agent or representative of the other, nor incur any liability or create any obligation whatsoever in the name of the other; nor
(b)Be liable for any debts, accounts, obligation or other liabilities or torts of the other party, or agents or employees.
5. TheSmartPhoneMagazine.com® has sole discretion and responsibility with regard to the operation of the advertising and marketing program.
6. This document constitutes a binding agreement in full and agrees to all of the provisions and terms contained herein.
7. The TheSmartPhoneMagazine reserves the right to update this agreement as necessary.
8. ARBITRATION OF DISPUTES ARISING UNDER THIS AGREEMENT. Any controversy or claim arising out of, or relating to this contract, or the breach thereof, shall be settled by Arbitration as governed by and Interpreted under the laws of the state of Wyoming administered by the American Arbitration Association or other qualified arbitration association. All disputes will be determined by three arbitrators. The venue of said arbitration shall be in Buffalo, Wyoming. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall award to the substantially prevailing party, if any as determined by the arbitrator, all of its expenses costs and fees. “Expenses, Costs and Fees’ mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorney’s fees.