Southern Maryland Shopper Advertiser Agreement

VASQUEZ ENTERPRISES LLC d/b/a SOUTHERN MARYLAND SHOPPER

ADVERTISING INSERTION ORDER & TERMS

This Advertising Insertion Order & Terms (“Agreement”) is a binding contract between Vasquez Enterprises LLC, d/b/a Southern Maryland Shopper (“Southern Maryland Shopper,” “Publisher,” “we,” “us”) and the undersigned business advertiser (“Advertiser,” “you”). Publisher’s representatives, contractors, vendors, affiliates, and partners may perform services on Publisher’s behalf. By signing electronically, submitting a form with "I agree" or "I understand" or "I agree and understand", requesting an invoice, completing checkout, submitting an insertion order, or making payment, you agree to this Agreement.

1) Scope; Authority

This Agreement applies to business advertisers and anyone acting on behalf of a business. If you are purchasing for a business, you represent you have authority to bind that business.

2) Purpose

Southern Maryland Shopper produces a custom, locally curated direct-mail advertising publication (the “Mailer”) featuring paid advertisements and offers. This Agreement is intended to: confirm what you are purchasing, define each party’s responsibilities, and confirm your commitment to a custom advertising product—therefore no refunds, cancellations, exchanges, credits, or reversals.

3) What You Are Buying; Order Summary; Controlling Documents; Proof of Purchase

You are purchasing ad placement in one or more Mailer issues/editions (each an “Issue”) and any applicable add-ons, as presented in checkout, invoice, payment request, and/or confirmation email (your “Order Summary”), including tier/size, county/edition, Issue(s), add-ons, and total amount due.

Order Summary delivery. The Order Summary may be presented and delivered via checkout screens, an invoice, an email confirmation, or other written/electronic confirmation provided by Southern Maryland Shopper. Incorporation; controlling documents; priority. This Agreement (including any insertion/order details confirmed in checkout, invoice, receipt, or confirmation email) is governed by and incorporates by reference Southern Maryland Shopper’s Terms & Conditions in effect on the date of purchase (the “T&C”). If there is any conflict between this Agreement and the T&C, this Agreement controls solely with respect to that purchase; otherwise, the T&C control. The T&C may be updated from time to time and apply prospectively to future purchases as of their effective date. Receipt controls; proof of purchase. Your payment confirmation/receipt (credit card receipt or Zelle® confirmation) together with the Order Summary is definitive proof of what you purchased, and controls if there is any conflict about what was purchased.

4) One Signed Agreement Covers Multiple Issues

If you reserve advertising in multiple Issues, this single signed Agreement governs all current and future Orders/Issues you purchase from Publisher unless Publisher issues updated terms and requires re-acceptance. Each new Order Summary is a separate binding order governed by this Agreement.

5) Payment Methods; Reservation of Space

Accepted payment methods are credit card and Zelle® only (as displayed at checkout/invoice). Space is not reserved until payment is successfully received and confirmed.

6) Custom Product; ALL SALES FINAL (No Refunds / No Cancellations / No Exchanges) Advertising in the Mailer is a custom product (roster planning, creative preparation, layout, production coordination, and USPS entry planning). ALL SALES ARE FINAL. No refunds, cancellations, exchanges, credits, or chargebacks for any reason, including business closure, offer changes, dissatisfaction with results, timing changes, creative preferences, or failure to provide materials. Chargebacks / payment reversals. A chargeback or payment reversal is a material breach. To the maximum extent permitted by law, Publisher may pursue collection of all amounts due plus reasonable costs of collection/enforcement and actual out-of-pocket expenses incurred for the order, which may include (as applicable) production coordination costs, printing/production costs, and postage and USPS entry/handling/mailing-related costs incurred in connection with preparing, coordinating, and entering the Mailer into the USPS Every Door Direct Mail (EDDM) process.

7) Materials Submission Deadline (Logos, Images, Copy, URLs)

Unless stated otherwise in writing due to production timing, you must submit all ad materials—artwork, logos, photos, copy, URLs, offer terms, and disclaimers—within 24–48 hours of placing your order. If you fail to provide materials on time, you authorize Publisher to proceed with available information, use a basic placeholder format, or omit the ad if necessary to protect production timelines—without refund.

8) Proofing and Included Revisions

If design is included with your purchase, it includes:

1 design concept, and

1 revision after the first proof.

48-hour proof window. You have 48 hours from the time the proof is sent by email by a Southern Maryland Shopper representative to approve or request the included revision. Revision requests must be consolidated into one response.

No response. If you do not respond within 48 hours, you authorize Publisher to proceed with the most recent proof provided or omit the ad if necessary to protect production timelines—without refund.

9) Additional Creative Work (Billable)

Anything beyond “1 concept + 1 revision” is optional and billable, including additional revision rounds, copy changes after approval, new concepts, resizing due to tier changes, or materially new creative requests. Additional work is billed at $50/hour, billed in 15-minute increments, payable before additional work continues unless Publisher agrees otherwise in writing. Publisher may pause production until paid.

10) Add-Ons, Bundles, and What’s Included

Add-ons may be offered from time to time and are included only if:

selected in your Order Summary, or expressly included with the tier you purchased.

Market Leader included item. The only included add-on is the QR Offer Page when you purchase the Market Leader tier (per Publisher specifications). No other add-on is included unless selected in your Order Summary.

11) Front Placement Guarantee (Only If Purchased)

Only advertisers who purchase the Front Placement Guarantee add-on receive guaranteed placement on the front of the Mailer under the Southern Maryland Shopper masthead.

You acknowledge:

front layout depends on ad size reserved,

allocation is first-come, first-served among purchasers of this add-on, and

the precise front position may vary based on roster, layout, and production constraints.

If an unforeseeable production constraint prevents front placement, Publisher’s obligation is limited to either (a) a comparably prominent placement, or (b) a credit equal to the fee paid for the Front Placement Guarantee toward a future Issue (Publisher’s choice). No other remedies apply. Publisher’s decision is final.

12) Category Lock (One Category Only; County-Specific; Exhibit A; Final Authority)

Category Lock provides exclusivity for one (1) defined service category within a single Issue and single county/edition (“Locked Category”). You may lock only one category per Issue per county/edition. County-specific rule. Category Lock applies only to the county/edition shown in your Order Summary. If a category is locked in one county/edition, it may still be available in other counties/editions for the same Issue cycle. Promote definition. “Promote” means the Locked Category is the primary or prominent message of an ad, including headline, offer language, service list, pricing/coupon text, dominant call-to-action, or primary imagery/text intended to sell that service. Multi-service businesses. Category Lock is enforced against the promoted category, not against the mere existence of a service within a business.

Name/logo conflicts in ad creative. If an advertiser’s ad creative (including displayed business name, logo lockup, tagline, or service list) contains Locked Category term(s) in a way that promotes or implies promotion, Publisher may require modification of the ad presentation for that Issue/county (not the legal business name).

24-hour cure (email). If a conflict is identified, the affected advertiser has 24 hours to cure after the proof/notice is sent by email by a Southern Maryland Shopper representative. If not cured, Publisher may edit, replace, or omit conflicting content/ad as needed to enforce Category Lock and protect production. Publisher’s decision is final. Final authority; categories may be limited. Publisher has final decision and authority to grant Category Lock, determine availability, interpret Exhibit A, and decide whether an ad promotes a Locked Category. Some categories may not be listed and may be reviewed case-by-case; Publisher may approve or decline requests at its discretion. If Category Lock cannot be fulfilled. If Publisher determines a purchased Locked Category cannot be honored for an Issue/county (availability, conflict, or enforceability), Publisher’s obligation is limited to (a) offering an alternative available category for that Issue/county, or (b) a credit equal to the Category Lock add-on fee paid toward a future Issue (Publisher’s choice). The underlying ad purchase remains final and non-cancellable.

13) USPS Delivery Routes, Route Selection, and Mailpiece Counts (EDDM)

USPS controls routes. All delivery routes are USPS postal routes predetermined and maintained by USPS. You acknowledge Publisher has no authority to alter, create, subdivide, merge, or otherwise change USPS routes, boundaries, sequence, eligibility, or delivery outcomes. Route availability and EDDM eligibility are controlled by USPS policies and systems.

Data source for route selection. When Publisher references or selects routes based on “highest discretionary household income” or similar indicators, selections are made using route-level indicators displayed within the official USPS EDDM mapping/tool (or successor tool) and/or USPS-authorized data presented within that tool. Such indicators are generalized estimates, may change, are not created or guaranteed by Publisher, and do not guarantee behavior, response, or results.

General Issues—geographic radius logic. For standard Issues not specific to an organization, Publisher may select routes using geographic radius/market-area logic intended to match typical advertiser service areas and/or areas reasonably likely to patronize participating businesses, and/or areas an advertiser desires to attract (if provided and feasible). Publisher may adjust route selections to meet operational, roster, USPS availability, and EDDM constraints.

No “better route” guarantee. Route selection is a targeting strategy, not a promise. Publisher does not guarantee any route or indicator will perform better than another or produce any specific outcome.

Mailpiece counts; rounding; USPS rules. Mailpiece counts are based on USPS route counts and EDDM requirements. Advertised or stated mailpiece counts may be rounded for simplicity. Actual counts may not equal a perfectly exact number, and to comply with USPS/EDDM guidelines and operational realities, Publisher may produce and enter slightly more or slightly fewer pieces than an estimated target count, so long as Publisher prepares and coordinates the mailing in good faith to meet the intended distribution level for the Issue consistent with USPS rules.

Distribution obligation. Publisher’s distribution obligation is limited to preparing, coordinating, and entering the Mailer for USPS EDDM delivery consistent with the Issue plan and USPS requirements. Once accepted by USPS, delivery timing and completion are controlled by USPS.

Third-party systems; limitation/waiver. Publisher is not responsible for USPS route definitions, route data accuracy, USPS tool functionality, route eligibility changes, USPS acceptance decisions, carrier-level execution, delivery completion, or other USPS operational issues. To the maximum extent permitted by law, you waive claims against Publisher arising from USPS-controlled factors.

14) Online Advertiser Directory Listing (Included Web Presence)

Included service. For active advertisers participating in an Issue, Publisher currently provides a basic online web presence in its advertiser directory (the “Directory Listing”) in Publisher’s standard format, unless stated otherwise in your Order Summary. What is displayed. The Directory Listing will display the exact advertisement (creative) that appears in the printed Mailer for the applicable Issue, in digital form. Linking and promotion; URL provided. The Directory Listing may include an outbound link to your main website (as provided by you). Publisher will provide the Directory Listing URL so you can promote your Southern Maryland Shopper ad through your website, email, social media, and other channels (including backlinking). Accuracy is on you. You are responsible for providing accurate business information and URLs. If your link changes, breaks, or is incorrect, you must notify Publisher. Publisher is not responsible for lost business caused by incorrect information you provided, broken links, or your website being unavailable. Term and changes. The Directory Listing is tied to the Issue and may remain accessible for a period determined by Publisher. Publisher may update, reformat, relocate, or remove directory listings at its discretion (maintenance, platform changes, policy, quality control). Temporary downtime or changes do not create any right to cancel or refund. No performance guarantee. Publisher does not guarantee website traffic, SEO ranking improvements, leads, calls, appointments, or measurable performance from the Directory Listing.

15) Optional Online Directory Upgrades (Not Included Unless Purchased)

Publisher may offer optional upgrades to enhance your web presence. If purchased, upgrades will be described in your Order Summary and/or an addendum and may be subject to additional terms. Examples (as available) may include lead capture forms, downloadable offers, automated email sequences, appointment request workflows, or other digital enhancements. Unless expressly purchased and confirmed in the Order Summary, no upgrades are included beyond the basic Directory Listing.

16) Proposed Drop Date; Timing Flexibility (Custom Production + USPS) Publisher may provide a proposed drop date or drop window (the “Proposed Drop Date”). You acknowledge the Proposed Drop Date is a working target for when Publisher anticipates entering the mail into USPS for EDDM processing and may change due to roster completion, materials/proof approvals, print/vendor schedules, USPS entry requirements, or operational constraints. After USPS acceptance, EDDM is commonly delivered after USPS sorting/processing (often estimated within 48–72 hours), but timing is not guaranteed. Changes do not create any right to cancel or refund. Publisher’s scheduling determinations are final.

17) Special Organization Editions (Associations, Chambers, Churches, Nonprofits, Schools, Etc.)

Publisher may curate a customized premium Mailer for an organization’s membership (an “Organization Edition”).

Organization not a party. Unless Publisher provides a separate written agreement signed by Publisher and the organization, the organization is not a party to your purchase and Publisher has no obligations to any organization under your order.

Organization-specific arrangements. Any special terms (member benefits, route focus, mailpiece targets, discounts, sponsorship structures) must be confirmed in writing by Publisher to be effective and are handled between Publisher and the organization’s authorized leadership.

Advertisers still bound. Every advertiser participating in an Organization Edition remains fully bound by this Agreement and the T&C, including deadlines, proof windows, refusal rights, USPS/EDDM realities, and the no-refunds/no-cancellations policy.

No authority to modify. No organization or representative may modify Publisher’s terms, timelines, or policies unless Publisher confirms the modification in writing.

Publisher control. Publisher retains final editorial, production, scheduling, and distribution control for Organization Editions; Publisher decisions are final.

18) Custom Projects and Special Orders (Separate Quote; Not Included)

From time to time, you may request, or Publisher may offer, custom projects outside standard Mailer advertising (each a “Custom Project”), such as a website, landing page, funnel, automation workflow, copywriting, design services, or other marketing/production services. Custom Projects require a separate written quote/scope and are not included unless expressly purchased and confirmed in writing by Publisher. Unless Publisher expressly agrees otherwise in a signed writing, the T&C and applicable provisions of this Agreement may apply.

19) Advertiser Responsibilities; Rights; Accuracy; Compliance

You are responsible for timely submission of accurate, lawful content and for ensuring your ad and offers comply with applicable laws and regulations. You represent you own or have permission to use all submitted materials. You are responsible for all claims and offer fulfillment.

20) Right to Refuse; Final Decisions Publisher reserves the right to refuse, reject, or require edits to any advertisement, category, vertical, Directory Listing, or participation on a case-by-case basis in Publisher’s discretion, including to comply with law and maintain standards. Publisher may omit the ad or pause/stop work as necessary to protect production timelines—without refund. All final decisions are with Southern Maryland Shopper and those acting on its behalf, and those decisions are final.

21) No Guarantee of Results

Publisher does not guarantee leads, calls, appointments, revenue, response rate, website traffic, SEO outcomes, delivery completion, or business results.

22) License to Use Content

You grant Publisher a non-exclusive, royalty-free license to use your submitted content to produce, print, distribute, and display the ad and Directory Listing, and to perform and deliver any Custom Projects, including use as examples/portfolio unless you opt out in writing.

23) Indemnification

You will defend, indemnify, and hold harmless Publisher (Vasquez Enterprises LLC) and its owners, employees, contractors, vendors, affiliates, and partners from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your ad content, directory content, offers, products/services, alleged IP infringement, or regulatory/consumer complaints.

24) Limitation of Liability

To the maximum extent permitted by law, Publisher’s total liability related to any Issue or Custom Project will not exceed the amount you paid for that specific Issue or Custom Project. Publisher is not liable for indirect, incidental, special, consequential, or punitive damages.

25) Disputes; Mandatory Arbitration; Maryland Law

The parties will attempt to resolve disputes through good-faith written discussion. If unresolved, disputes will be resolved by binding arbitration in Maryland administered by the American Arbitration Association (AAA) under its applicable commercial rules, before one arbitrator. This Agreement and any purchase are governed by Maryland law.

26) Electronic Communications and E-Sign

You consent to receive communications electronically (including email invoices, proofs, approvals, and notices). Electronic records and signatures are valid and enforceable.

27) Entire Agreement

This Agreement, together with each applicable Order Summary, receipt/payment confirmation, and the incorporated T&C, constitutes the entire agreement regarding the advertising purchase and supersedes prior discussions for that subject matter.


EXHIBIT A — CATEGORY LOCK LIST (ONE CATEGORY PER ISSUE)

Southern Maryland Shopper approves Category Locks case-by-case. Categories not listed may be reviewed for approval at Publisher’s discretion. Southern Maryland Shopper’s decision to grant or deny Category Lock is final.

Home Services / Trades

Roofing
Siding
Windows
Doors
Gutters
Decks & Porches
Fencing
Concrete
Masonry
Foundation & Structural Repair
Waterproofing
Insulation
Drywall
Flooring
Painting
Kitchen Remodeling
Bathroom Remodeling
General Contractor
Handyman
Heating
Air Conditioning
Ventilation & Ductwork
Plumbing
Drain & Sewer
Electrical
Generators
Solar
Pressure Washing
Junk Removal
Moving Services
Pest Control
Termite Control
Lawn Care
Landscaping
Tree Service
Irrigation

Automotive

Auto Repair
Tires
Auto Detailing
Towing

Real Estate / Finance / Insurance

Real Estate Sales (Agent/Broker)
Property Management
Mortgage & Lending
Tax Preparation / CPA Services
Insurance — Property & Casualty
Insurance — Life
Insurance — Health
Insurance — Disability
Insurance — Business

Legal (Attorney Practice Areas)

Attorney — Divorce
Attorney — Family Law
Attorney — Criminal Defense
Attorney — Personal Injury
Attorney — Estate Planning
Attorney — Business Law
Attorney — Real Estate Law
Attorney — Immigration
Attorney — Bankruptcy
Attorney — Employment / Labor
Attorney — Civil Litigation

Health / Wellness / Personal Services

Dentistry
Chiropractic
Physical Therapy
Primary Care / Medical Practice
Veterinary Services
Pet Grooming
Childcare
Senior Care / Home Care
Fitness / Gym
Yoga Studio
Pilates Studio
Hair Salon
Barber
Nail Salon

Restaurants / Beverage (Cuisine / Format Specific)

Restaurant — American
Restaurant — Steakhouse
Restaurant — Italian
Restaurant — Mexican
Restaurant — Pizza
Restaurant — Chinese
Restaurant — Japanese / Sushi
Restaurant — Thai
Restaurant — Indian
Restaurant — Mediterranean
Restaurant — Middle Eastern
Restaurant — Spanish
Restaurant — Caribbean
Restaurant — Seafood
Restaurant — BBQ
Restaurant — Breakfast / Brunch
Restaurant — Cafe / Coffee
Restaurant — Bakery / Dessert
Restaurant — Ice Cream
Restaurant — Food Truck
Restaurant — Bar
Brewery
Winery
Distillery