American Marketing Direct Mail Postcard/Card Deck Services, L.L.C.
Fairfield's Finest Postcards®

1. American Marketing Direct Mail Postcard Services, LLC (also known as AMDPS) agrees to produce/publish a postcard, for purchaser within a direct-mail cooperative postcard mailer, known as Fairfield's Finest ®. Distribution/mailing thereof will be accomplished via the U.S. Postal Service. Printing, wrapping, sorting, addressing and postage for delivery to the end consumer are all included in the total advertising price. Return postage to the purchaser is NOT included. AMDPS reserves the right to reject any advertisement, if rejected, a complete refund of any deposits will be made promptly.

2. The approximate quantity of homes mailed to, mailing date, market area, total advertising price, deposits and any balance due will be outlined below within the specification chart. Purchaser represents that the use of Fairfield's Finest ® is based on buyers independent evaluation, and NOT on any representation or assurances by AMDPS employees or it's independent agents, there are no guarantees of merchantability.

3. AMDPS agrees to provide to the purchaser a #3602-R third class proof of mailing form, plus one complete sample of the mailer, Fairfield's Finest ®, upon completion of the direct-mail postcard assignment.

4. If copy/proof is to be produced by AMDPS, it is agreed that purchaser will pay one half of the total cost of the advertising as a deposit and the balance of the total cost upon presentation of the copy/proof of the advertisement.

5. If copy and format are presented to AMDPS prior to the mailing, including all necessary film/and or boards and artwork, (Camera ready), it is then agreed that purchaser will pay one half of the total cost of the advertising as a deposit to hold a position. The balance of the total cost shall be paid seventeen days, (17 days), before the actual mail drop date. The mail drop dates are outlined below.

6. Purchaser assumes full and complete responsibility and liability for the content of all advertising submitted, printed and distributed pursuant to this Agreement and shall indemnify and hold AMDPS, its owners, employees, agents and licensors harmless against any demands, claims or liability thereon. Purchaser shall reimburse AMS, its owners, employees, agents and licensors for all amounts paid by it/them in settlement of claims or judgments obtained as a result of publishing the advertising copy and for all expenses incurred in that regard including attorney's fees.

   
   

   Purchaser Signature: X__________________________________________Date:_________
   

7. AMDPS shall not be liable for errors in key numbers in an advertisement and shall not be liable for any costs or damages if for any reason it fails to produce/publish an advertisement. There are no warranties either expressed or implied except as specifically set forth herein. AMS's sole obligation as to any failure or default in producing/publishing an advertisement shall be limited to a refund of its charges that were paid.

8. This Agreement shall be considered delinquent when a scheduled payment has not been received by AMDPS. AMDPS reserves the right to charge 1.5% per month finance charge on any outstanding balance. Deposits are not refundable. AMDPS reserves the right to demand all payments outstanding due in full, immediately. Should this Agreement become delinquent, purchaser agrees to pay any and all costs involved in the collection of this Agreement, including but not limited to court costs and legal fees as allowed by law. This Agreement and any dispute arising under it shall be construed according to and governed by the laws of the State of Connecticut and is non-cancelable.

9. This constitutes the entire Agreement between the parties and there are no representations, or warranties except what is expressly set forth. This Agreement may not be altered or amended, except in writing signed by an authorized member of AMDPS and the purchaser.

Company Name (please print):________________________Phone:(___)_____________
Address:_______________________________City:____________State:____Zip:______
Authorized Purchaser Name (please print):_________________________
Purchaser Signature: X__________________________________________Date:_________
AMDPS Authorized Signature:_____________________________________Date:_________