This Order Form is intended to create a binding contract between the Colorado Rural Electric Association (CREA) and the party seeking to place advertising in CREA’s magazine (Advertiser).
Payment Terms. CREA shall invoice Advertiser for the placement of advertising materials, and Advertiser shall remit payment of any invoice to CREA within thirty (30) days from the date of any such invoice.
Submission Deadline. Advertising material must be submitted no later than sixty (60) days prior to the anticipated publication date to ensure inclusion in the magazine.
Termination. Advertiser may terminate this agreement upon sixty (60) days written notice. In the event Advertiser terminates this agreement, Advertiser’s submission shall not appear in CREA’s magazine following receipt of such notice of termination. However, because payment secures Advertiser’s space in CREA’s publication, and it may be difficult or impossible to find substitute advertising in a timely manner to meet CREA’s publication deadlines, all sums paid to CREA shall be non-refundable.
Editorial Control. CREA retains editorial control of the content of the magazine and has the right to accept or reject any advertising submission for any reason in its sole discretion. Typically, CREA does not accept for publication submissions that consist primarily of partisan or political advocacy. Advertising submissions shall not contain any defamatory, libelous, or obscene material, or material that would cast any person or entity in a false light. Advertising submissions may not include substantially false or misleading statements of any kind.
Advertiser’s Representations. Advertiser represents that it has the right to submit the materials for publication in the magazine, and that such publication will not violate the intellectual property rights of any third party.
Indemnifications. Advertiser agrees to defend and indemnify CREA from any claims arising from or related to the publication of any advertising material submitted for publication. CREA’s liability for any claim by Advertiser under this agreement shall be limited to the amount received from Advertiser for the placement of the advertising under this agreement. IN NO EVENT SHALL CREA BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CREA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Enforcement. This agreement shall be governed by the laws of the State of Colorado. Any action to enforce the terms and conditions hereof shall be commenced in the state or federal courts of Colorado, and advertiser expressly consents to jurisdiction and venue in such courts.