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2 COLUMN DIRECTORIES
NATIONAL CODE	INCHES		PICAS
QCW	2.5 W X 2" H		15p0 W X 12p0 H
QPW	5.1875" W X 2.0" H		31p1.5 W X 12p0 H
HCW	2.5" W X 4.0625" H		15p0 W X 24p4.5 H
HPW	5.1875" W X 4.0625" H		31p1.5 W X 24p4.5 H
TQPW	5.1875" W X 6.125" H		31p1.5 W X 36p9 H
FPW	5.1875" W X 8.25" H		31p1.5 W X 49p6 H
1HS	2.486" W X .794" H		14p10.992 W X 4p9.168 H
2HS	2.486" W X 1.043" H		14p10.992 W X 6p3.096 H
3HS	2.486" W X 1.543" H		14p10.992 W X 9p3.096 H
4HSA	2.486" W X 2.043" H		14p10.992 W X 12p3.096 H
5HSA	2.486" W X 2.543" H		14p10.992 W X 15p3.096 H
6HSA	2.486" W X 3.043" H		14p10.992 W X 18p3.096 H
7HSA	2.486" W X 3.543" H		14p10.992 W X 21p3.096 H
8HSA	2.486" W X 4.043" H		14p10.992 W X 24p3.096 H
TM	2.486" W X .75" H		14p10.992 W X 4p6 H
TN	2.486" W X 0.614" H		14p10.992 W X 3p8.208 H

 

 

 

3 COLUMN DIRECTORIES
NATIONAL CODE	INCHES		PICAS
QCW	1.8472" W X 2.0694" H		11p1W X 12p5 H
DQCW	3.8056" W X 2.0694" H		22p10 W X 12p5 H
QPW	5.7639" W X 2.0694" H		34p7 W X 12p5 H
HCW	1.8472" W X 4.2222" H		11p1 W X 25p4 H
DHCW	3.8056" W X 4.2222" H		22p10 W X 25p4 H
HPW	5.7639" W X 4.2222" H		34p7 W X 25p4 H
TPW	1.8472" W X 8.5278" H		11p1 W X 51p2 H
TTPWY	3.8056" W X 8.5278" H		22p10 W X 51p2 H
TQPW	5.7639" W X 6.375" H		34p7 W X 38p3 H
FPW	5.7639" W X 8.5278" H		34p7 W X 51p2 H
1HS	1.8472" W X .7917" H		11p1 W X 4p9 H
2HS	1.8472" W X 1.0417" H		11p1 W X 6p3 H
3HSA	1.8472" W X 1.5417" H		11p1 W X 9p3 H
4HSA	1.8472" W X 2.0417" H		11p1 W X 12p3 H
5HSA	1.8472" W X 2.417" H		11p1 W X 15p3 H
6HSA	1.8472" W X 3.0417" H		11p1 W X 18p3 H
7HSA	1.8472" W X 3.5417" H		11p1 W X 21p3 H
8HSA	1.8472" W X 4.0417" H		11p1 W X 24p3 H
TM	1.8472" W X 1" H		11p1 W X 6p0 H
TN	1.8472" W X 0.614" H		11p1 W X 3p8.208 H

 

In follow up to the Elinc sent last evening with reference to the attachment, I have pasted the LMB CMR Agreement below.  I apologize for the inconvenience. 

 

 

L.M. BERRY AND COMPANY
NATIONAL YELLOW PAGES SERVICES
TERMS AND CONDITIONS

These Terms and Conditions (the "Terms and Conditions") apply to all advertising orders submitted to L.M. Berry and Company ("Berry").  By submitting an Order (as defined below) to Berry or retaining any Standing Order (as defined below) to be published in any directory billed on or after January 1, 2007, CMR/ASA (as defined below) hereby agrees:  (i) to accept and be legally bound to these Terms and Conditions, and (ii) that any advertising in such Orders shall be placed pursuant to these Terms and Conditions.  The effective date of these Terms and Conditions is  January 1, 2007.  These Terms and Conditions supersede any prior Terms and Conditions and/or any agreements between Berry and CMR/ASA regarding any advertising orders submitted to Berry.

1.0                DEFINITIONS

1.1                 "CMR/ASA" means the Certified Marketing Representative or the Advertising Agency placing an Order pursuant to these Terms and Conditions that is accepted by Berry.

1.2                 "Berry National Sales CMR Business Rules" are those rules, guidelines, and specifications set forth on Berry's Website (as defined below) and incorporated herein by reference.  Berry may update the Berry National Sales CMR Business Rules from time to time without notice to CMR/ASA. 

1.3                 "Dispute" means any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the validity, interpretation, breach, or termination thereof.

1.4                 "Local Account" means an account where a local advertising client, not a CMR/ASA, has final authority and liability regarding orders placed in Berry directories.

1.5                 "National Account" means an account whereby all Orders are exclusively placed by CMR/ASA for an advertising client and the advertising client meets the following requirements, in addition to any further requirements set forth on Berry's Website:  (a) appears in two or more publishers' directories, (b) conducts business in a minimum of three states, (c) appears in a minimum of 20 directories, and (d) has 30% of its revenue outside its primary state.

1.6                 "National Close Date" means the national book close date applicable to any Order, as specified in the YPA Rates and Data.

1.7                 "Order" means a request for advertising, including any advertising artwork and copy submitted in conjunction with the request, submitted to Berry for advertising in Berry's print directories.  The Order must be submitted in accordance with Section 2.3 and be substantially in the same form as the order form set forth on the ELITE System.

1.8                 "Other CMR/ASA" means other certified marketing representatives and advertising agencies placing orders under these Terms and Conditions.

1.9                 "Berry's Website" means http://www.berrycmr.com or its replacement.

1.10              "Standing Order" means a Berry accepted order in effect upon the effective date of these Terms and Conditions until amended or cancelled by CMR/ASA.

1.11              "Yellow Pages Association" ("YPA") shall be defined by the YPA by‑laws. 

1.12              "Transmission System" means the YPA-ELITE^SM electronic ordering transmission system (the "ELITE System") or such other electronic transmission system designated by Berry.

2.0                ORDERS

2.1                 General

2.1.1            CMR/ASA shall adhere to all applicable YPA by‑laws, guidelines and definitions (collectively, the "YPA Rules").  To the extent that the YPA Rules conflict with these Terms and Conditions, these Terms and Conditions shall govern.

2.1.2            All Orders must qualify as national Orders.

2.1.3            All Orders placed by CMR/ASA must comply with Berry National Sales CMR Business Rules in effect at the time of Order placement, as the same may be amended from time to time without notice to CMR/ASA.

2.1.4            Berry, in its sole discretion, may reject any Order for any reason, including but not limited to:  (a) noncompliance with Berry's then applicable Advertising Specifications and Standards and Berry National Sales CMR Business Rules; (b) noncompliance with applicable law, rules, or regulations; (c) the continuance of any breach or default of these Terms and Conditions on the part of CMR/ASA, including but not limited to the non-payment of any sum(s) due to Berry from CMR/ASA; (d) the fact that an Order may be considered obscene or indecent or might otherwise be objectionable for any reason; or (e) Berry's determination, in its sole discretion, that it is not adequately protected in terms of credit.

2.2                 Changes/Adjustments to Advertising

2.2.1            Berry has the right to approve the content, form, size, wording, topography, and illustrations of any advertising artwork and copy submitted by CMR/ASA.  Berry may change, without prior consent, approval or notice, any name, street, address, and telephone number(s) or any other content in any advertising artwork and copy to conform to Berry's Advertising Specifications and Standards or the YPA Rules. 

2.2.2            CMR/ASA agrees that, without prior consent, approval or notice, the size, color, font, highlighting and arrangement of enhanced listing items may be adjusted (from that appearing in any sales collateral or copy sheet) and that the associated listing's enhancement(s) may be omitted (e.g., the listing may appear as a basic listing) prior to its publication.

2.2.3            Berry may change the specifications of any advertising item at any time in accordance with Berry's Advertising Specifications and Standards and Berry National Sales CMR Business Rules.  In such event, notwithstanding anything to the contrary in these Terms and Conditions, CMR/ASA may cancel such advertising by providing Berry with written notice of cancellation in accordance with Section 2.4.1 immediately after the receipt of Berry's notice of changes.

2.3                 Submission of Orders

2.3.1            Orders for print advertising may be submitted to Berry:  (a) via the Transmission System, (b) via mail or fax pursuant to YPA standards, or (c) as otherwise prescribed by Berry.

2.3.2            All Orders, regardless of how submitted, must be received by Berry on or before midnight Eastern Standard Time on the National Close Date in order to be considered on time for the directory related to such National Close Date.  Otherwise, the Order shall be considered late as set forth in Section 2.6 hereof.

2.3.3            The submission of an Order does not require Berry to publish the associated advertising item and any publication is subject to product and advertising space availability, credit approval, conformance to specifications, and, pursuant to Section 2.1.4, acceptance by Berry.

2.3.4            An Order accepted by Berry will require publication in not only the telephone directory to which the Order applies but also in each subsequent edition of that telephone directory, unless cancelled pursuant to Section 2.4.

2.3.5            The acceptance by Berry of an Order submitted by CMR/ASA for an advertising client shall not grant CMR/ASA any exclusive right to place a subsequent order on behalf of such client.

2.3.6            If Berry rejects or cancels an Order for the reasons set forth in Section 2.1.4 or Section 2.4.2, Berry may contact the advertising client on whose behalf such Order was submitted and arrange for placement of the Order directly with such advertising client. 

2.4                 Cancellation of Orders

2.4.1            By CMR/ASA. 

a.                    All Order cancellations submitted by CMR/ASA must be:  (i) received by Berry in writing on or before midnight Eastern Standard Time on the National Close Date to which the Order relates, and (ii) submitted by CMR/ASA in the format prescribed by YPA or such other format approved by Berry in writing.

b.                   An advertising client may not cancel its Order if the Order was placed by CMR/ASA.  CMR/ASA hereby affirms that it has sole authority to cancel any Order that it placed, and has full responsibility to Berry and CMR/ASA's advertising client for all cancellations.

2.4.2            By Berry.

a.                    Berry may cancel an Order (including any Standing Order) for advertising if Berry:  (i) becomes aware that the advertising client closes a location to which the advertising relates; (ii) becomes aware that the advertising client is no longer authorized to do business, sell, service or represent the products or services advertised; (iii) concludes that such advertising is obscene or indecent, might violate a third party's intellectual property rights, is not in compliance with Berry's current Advertising Specifications and Standards or might be legally actionable for some other reason; (iv) if the account for such advertising client does not meet Berry's then-current definition of a valid account; (v) determines in its discretion that it is not adequately protected in terms of credit with respect to the amount to which the Order relates; (vi) does not receive any returned proofs from CMR/ASA as set forth in Section 2.8; or (vii) concludes that the requested advertising contains information for a Flagged Advertiser or, that, in Berry's sole discretion, contains information that may benefit a Flagged Advertiser.   Cancellation upon these conditions will not result in a refund to CMR/ASA.  A "Flagged Advertiser" is an advertising client that:  (A) owes money to Berry or an affiliate of Berry for previously published matters or for any other matter; (B) Berry or an affiliate of Berry has any other claim against; (C) has a claim outstanding against Berry or an affiliate of Berry; or (D) is an affiliate of a third party who has a claim against Berry or an affiliate of Berry, in each case that remains unresolved to Berry's or such affiliate's complete satisfaction.

2.5                 Artwork and Copy Preparation

2.5.1            CMR/ASA bears full responsibility for (and Berry will have no responsibility for) preparation and submission of all advertising artwork and copy to Berry.

2.5.2            CMR/ASA will comply with the YPA Order Processing and Procedures regarding advertising artwork and copy or such other order process and procedure regarding advertising artwork and copy approved by Berry in writing.

2.5.3            All advertising artwork and copy for any Order must by received by Berry on or before midnight Eastern Standard Time seven calendar days after the applicable National Close Date to be considered on time for the directory to which such National Close Date applies. 

2.6                 Late Orders.

2.6.1            Any Order or related artwork and copy not received by the date and time determined in accordance with Sections 2.3.2 and 2.5.3 shall be overdue (a "Late Order").

2.6.2            Berry may determine whether or not to process any Late Order in its sole discretion.

2.6.3            Berry will not be obligated to grant any adjustments for errors or omissions involving Late Orders.

2.6.4            Chargeable Late Order.  Berry may assess CMR/ASA a fee for Late Orders that it elects to process and that meet any of the following criteria:

2.6.4.1.      Re‑instated Orders submitted after the applicable National Close Date;

2.6.4.2.      Orders to change UDAC, client name, client address, art, text, etc.;

2.6.4.3.      Late Order with advertising artwork or copy that is late pursuant to Section 2.5.3; or

2.6.4.4.      Any queries or advice discrepancies that have not been answered by CMR/ASA within 10 calendar days of Berry's request.

2.6.5            Non‑Chargeable Late Order.  Berry will not assess CMR/ASA a fee for Late Orders that it elects to process and that meet any of the following criteria:

2.6.5.1.      Orders for clients involved in bankruptcies, mergers, or acquisitions that are uncontrollable by CMR/ASA; provided however, appropriate documentation of such event is submitted to Berry promptly following the occurrence of such event prior to the National Close Date related to the directory for which the Order was submitted;

2.6.5.2.      Orders for new clients, new business and ad-size upgrades that result in increased billed revenues for Berry; or

2.6.5.3.      Orders for complete cancellations. 

2.7                 Grant to CMR/ASA

2.7.1            Berry hereby authorizes CMR/ASA, subject to the Terms and Conditions herein (including without limitation the Terms and Conditions set forth in this Section 2.7), to:  (i) promote Berry's telephone directory services and products; (ii) solicit advertising orders for Berry from its advertising clients, regardless of whether such clients purchase products or other services from CMR/ASA; (iii) develop a Berry yellow pages advertising proposal; and (iv) provide to Berry from time to time market research, tear pages, and cost studies consistent with the yellow pages industry.  Recognizing the value and importance of advertising in establishing and maintaining the goodwill and public image of the Marks (as defined in Section 8.2 hereof), all CMR/ASA marketing materials, visual merchandising plans, sales support materials and the like, which reference the Marks or Berry's services and/or products shall be in a light most favorable to Berry and approved by Berry in advance.  CMR/ASA shall only display the Marks in the manner approved by Berry. CMR/ASA shall not in any manner use, display, broadcast, transmit or disseminate any advertising or promotional material which contains:  (x) material misrepresentations or omits to state a material fact with regard to Berry, its affiliates, the Marks or Berry's products and services; or (y) a statement in derogation of Berry, its affiliates, the Marks or Berry's products and services.

2.7.2            The rights granted to CMR/ASA in this Section 2.7 are not effective until CMR/ASA satisfies its registration and execution obligations in Section 8.2.

2.8                 Proofs

Berry reserves the right to require CMR/ASA to return proofs of advertising submitted to Berry, signed with CMR/ASA's approval or corrections.  If CMR/ASA fails to return the proofs for such adverting, Berry may, at its option, cancel the Order for such advertising.  Berry will also not be responsible for errors or omissions due to proofs returned to Berry after the National Close Date for the Order to which such proofs apply.

3.0                TRANSFER OF CLIENT ACCOUNTS

CMR/ASA shall transfer a client account to another CMR/ASA, if and as required by the Berry National Sales CMR Business Rules.  The compensation payable to CMR/ASA and the successor Other CMR/ASA shall be determined thereunder.

4.0                LOCAL TO NATIONAL

Local Accounts of Berry may be moved to, or qualified as, National Accounts, at Berry's sole discretion and/or pursuant to the Berry National Sales CMR Business Rules.

5.0                NO LOCAL AUTHORITY

5.1                 CMR/ASA may request that Berry treat a Local Account that becomes an approved National Account as a No Local Authority advertiser or to cancel all local advertising for such advertising client. 

5.2                 All such requests for No Local Authority shall be made pursuant to Berry and Berry may accept or reject such request based on such rules.

6.0                COMPENSATION AND COMMISSIONS

6.1                 Provided that CMR/ASA is not in default under these Terms and Conditions, Berry will pay CMR/ASA all agreed and owing compensation or commissions.

6.2                 Should Berry or its affiliate set forth compensation or commissions in a Compensation Plan (the "Compensation Plan") that Compensation Plan is incorporated herein by reference, and Berry or its affiliate may update the Compensation Plan from time to time, in its discretion, and such updated plan shall supersede the previous plan and shall be incorporated into these Terms and Conditions by reference upon thirty (30) days' notice to CMR/ASA.

7.0                BILLING AND PAYMENT

7.1                 Credit Requirements

7.1.1            Berry, in its sole discretion and at any time and from time to time during the term, may require CMR/ASA to submit a credit application or documentation for credit evaluation for the following reasons:

a.                    a change in ownership or corporate structure of CMR/ASA;

b.                   if CMR/ASA has never placed Orders with Berry before, to determine CMR/ASA's payment history;

c.                    a revenue increase or decrease based on CMR/ASA's annual Order;

d.                   a previously secured CMR/ASA requests unsecured credit terms from Berry; or

e.                    any other occurrence that causes Berry to have a reason to require a credit verification, including but not limited to: (i) a request by an existing CMR/ASA for additional CMR/ASA codes; (ii) an increase in the cumulative net dollar value of CMR/ASA's Orders; (iii) a change in CMR/ASA payment trends; or (iv) Berry determines, in its discretion, that it is not adequately protected in terms of credit with respect to such CMR/ASA.

7.1.2            CMR/ASA will provide all requested credit information to Berry within 15 business days of the request.  CMR/ASA hereby authorizes Berry or its agents to conduct a credit evaluation of CMR/ASA as set forth herein.

7.1.3            Berry will evaluate the creditworthiness of CMR/ASA and Other CMR/ASA based upon the same criteria. 

7.1.4            Pursuant to the results of the credit evaluation and as a condition to CMR/ASA's right to submit future Orders, Berry, in its sole discretion, may require CMR/ASA to provide one or more of the following, acceptable to Berry in its sole discretion and from time to time during the term:

a.                    advance payment for Orders;

b.                   a security deposit in an amount less than or equal to the prior 12 months' billing;

c.                    an irrevocable standby letter of credit;

d.                   a security interest in all or any portion of CMR/ASA's assets, including, without limitation, receivables;

e.                    accounts receivable insurance;

f.                     authority to bill advertising clients directly; or

g.                   a personal guaranty acceptable to Berry.

7.2                 Payment Requirements

7.2.1            Unless Berry requires pre‑payment, Berry will invoice CMR/ASA on or after the publication date of a directory.   

7.2.2            CMR/ASA shall pay all invoices by the due date prescribed on the invoice, regardless of a client's payment to CMR/ASA, for the life of the directory.

7.2.3            All payments shall be made by check or draft of immediately available funds delivered to:  (a) the address specified by Berry on the invoice, (b) an account specified by Berry on the invoice by wire transfer, or (c) through a Berry approved electronic-billing process.

7.2.4            Any partial payment will be applied toward the total amount owed by CMR/ASA.  CMR/ASA may not exercise any rights it otherwise may have of set‑off, offset or recoupment, including without limitation set‑off amounts owed by Berry for commissions against amounts owed to Berry for advertising Orders.

7.2.5            Late payment charges of 1.5% per month (18% per annum) shall be assessed against CMR/ASA for any amounts not paid by the due date up to the maximum amount permitted by law.  Berry may invoice CMR/ASA directly for the late charges or offset against any payment owed by Berry to CMR/ASA.  Berry's failure to impose such charges shall not constitute a waiver of the right to impose the late charges. 

7.2.6            If invoices and late payment charges remain outstanding for a period greater than 30 days, CMR/ASA will be deemed a delinquent account and Berry may notify YPA of such delinquent status.

7.2.7            Delinquent account status may result in an obligation for CMR/ASA to pre‑pay all Standing Orders or new Orders or Berry's re‑evaluation of credit pursuant to Section 7.1 above. 

7.2.8            Acceptance of partial payments shall not constitute a waiver of late payment charges or events of default under these Terms and Conditions.

7.2.9            If any provision of these Terms and Conditions is enforced at any time by Berry or if any amounts due from CMR/ASA to Berry are, at any time, collected, or sought to be collected, by or through an attorney at law or a collection agency, including without limitation in connection with any bankruptcy or insolvency proceeding commenced by or against CMR/ASA, CMR/ASA shall be liable to Berry for all costs and expenses of enforcement and collection or attempted collection, including, but not limited to, court costs and reasonable attorney's fees (including reasonable attorney's fees incurred in monitoring or otherwise protecting Berry's interest in connection with any bankruptcy or insolvency proceeding commenced by or against CMR/ASA).

7.2.10         Berry may extend or reduce the stated issue life of the directories.  If the stated issue life is extended, Berry will issue an invoice to CMR/ASA for the additional amount due for the extension and CMR/ASA shall pay Berry in accordance with Section 7.2.  If the stated issue life is reduced, Berry will not issue a refund or credit CMR/ASA for the reduction.  Berry reserves the right to create new directories, terminate existing directories, combine directories or modify the distribution or listing scope of existing directories as Berry deems appropriate. 

7.3                 Taxes

7.3.1           CMR/ASA shall pay any taxes, including sales and use tax, which may be imposed as a result of the publication of any advertising; provided, however, CMR/ASA is not responsible for any taxes based on Berry's net income. 

7.3.2           CMR/ASA, as an independent contractor, is fully responsible for complying with applicable federal and state laws and, specifically, for payment of all taxes or contributions which may be payable based upon CMR/ASA's compensation including, but not limited to, federal and state income taxes, social security taxes, unemployment compensation taxes, and any other applicable taxes or business license fees.

8.0                INTELLECTUAL PROPERTY

8.1                 Berry may not use the name, trademark, trade name, service mark, logo or other intellectual property of the CMR/ASA without express written authorization.

8.2                 Berry*******************************************************************Yellow Pages Association820 Kirts Blvd., Suite 100Troy, MI 48084248-244-6200 / 248-244-0700 faxInternet: http://www.ypassociation.org******************************************************************* ==========================
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posted by Bottom Line Management News  # 7:29 AM