Parties. The following Agreement is between ADVERTISER (”Advertiser”) and The Mass Media, an unincorporated organization. The Mass Media is not authorized to enter into agreements on behalf of the University of Massachusetts Boston, the University of Massachusetts System, the University of Massachusetts Board of Trustees or the Commonwealth of Massachusetts (collectively ”UMass”). UMass is not a party to or bound by this Agreement.

Scope. The Mass Media agrees to publish the submitted advertisement (”Advertisement” attached hereto as Exhibit I) [in print/online] [on DATE/for a period beginning DATE and ending DATE ].

Payment. Advertiser agrees to pay a total of $______ via check, due five (5) days before the date of publication. No advertisements will be printed until payment is received in full.

Limitation of Liability. Advertiser agrees that The Mass Media’s liability to Advertiser for misprints, missed publications or other errors relating to the publication of the Advertisement shall be limited to the actual amount paid, in the form of a refund or reprint at The Mass Media’s discretion.

Indemnification. Advertiser agrees to assume liability for the content of any advertisement they cause to be published in The Mass Media and related media (for example, The Mass Media website and commemorative reprint issues) and any claim arising from such publication, including, but not limited to, claims for libel, invasion of privacy, commercial appropriation of one’s name or likeness, copyright infringement, trademark, trade name or patent infringement, commercial defamation, false advertising, or any other claim whether based in tort or contract, or on account of any state or federal statute, including state and federal deceptive trade practices acts. Advertiser agrees to indemnify, defend and hold harmless The Mass Media, its employees, directors, officers, parents, heirs and successors for all claims (whether valid or invalid), lawsuits, judgments, liabilities, damages, losses, costs and expenses of any nature, including the assessment of reasonable attorneys’ fees, resulting from or caused by the publication of any advertisement placed by the advertiser or advertising agency.

Severability. The terms of this agreement shall be effective to the maximum extent permissible according to applicable law. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the remaining provisions are to be construed as if the invalid provision was never included.

Construction of Headers. The headings contained in this Agreement are included solely for the reader’s convenience and reference and do not affect the meaning or construction of this agreement or any part thereof.

Acknowledged and agreed on [DATE] by [NAME] for [ORGANIZATION].

x. SIGNATURE__

Acknowledged and agreed on [DATE] by [NAME] for The Mass Media.

x. SIGNATURE__