Payment Terms: Invoices are payable within 10 days of invoice. After 30 days, a charge of 1-1/2% will be added for each mo. thereafter until payment is received. If charges due to publisher from agency for ads placed pursuant to the rate card are not paid promptly, the publisher may, at their option, collect said charges from the advertiser, & the agency shall execute all necessary assignments.
Publishers Protective Clause: Publisher may act on written instructions of either the advertiser or their authorized agency. No liability is assumed for any changes received after advertising space closing date. No positioning within any program is guaranteed unless the applicable “premium” is paid. The publisher and/or respective organization reserves the right to reject or cancel any advertising for any reason at any time. All ads must be submitted according to Publisher’s specifications. It is the advertiser’s responsibility to check their advertising in each issue. The Publisher assumes no responsibility for repetition of errors in advertising ordered for more than one issue, unless notified, prior to the deadline for the next issue. Advertiser will be liable for space contracted for if not cancelled prior to the published space deadline. Should the advertiser or their agency fail to supply advertising materials &/or cancellation of space previously contracted for advertiser shall be liable for the full cost & full payment of the space held for their advertising by Publisher.
By issuance of this agreement, publisher offers, subject to the terms & conditions herein, to accept insertion orders for advertising to be published in the above publications & by their tendering such insertion order the advertiser or agency shall indemnify & hold publisher, its employees, agents, clients, customers & its subcontractors free & harmless from any expenses, damages & costs (including reasonable attorney’s fees) resulting in any way from publisher’s compliance with such insertion order (including but not by way of limitation, from claims of libel, violation of privacy, copyright infringement or otherwise). Publisher shall have full right to settle any such claim & to control any litigation or arbitration as to which it may be a party all at the cost of the agency &/or the advertiser. The agency & advertiser shall be deemed joint in indemnities of publisher. Agency warrants that it is authorized to bind, & does bind, advertiser to such indemnity. All advertising shall be charged at earned, published rate. Publisher is under no obligation to publish & can not be held liable for failure to accept or publish any advertising sold at less than rate card rates. No discounts to published advertising rates can be offered or extended without Publishers approval.
Publisher may, at its sole discretion, discontinue publication at any time with or without notice, or defer, delay, change or cancel the printing, publication, or distribution of any issue or the tendered advertising because of labor disputes involving the publisher, the printer, or others; transportation delays or embargoes, errors or omissions of employees or subcontractors, or circumstances beyond its control. Publisher’s sole obligation as to any failure or default on its part shall be limited to a refund of its charges, if paid in advance, or, at its option, to publish the tendered advertising in the next available issue. All Ads are accepted & published entirely on the representation that the agency & advertiser are authorized to publish the entire contents & subject matter thereof. The advertiser &/or agency agrees to protect & indemnify the Publisher against any & all liability, loss or expense arising from claims for libel, unfair competition, unfair trade practices, plagiarism, infringement of trademark, trade names, patents or copyrights or violation of rights of privacy resulting from publication by the publisher of the advertiser’s or agency’s advertisement.
The Publisher will not be liable for any error, for which it may be responsible, beyond liability for actual cost of the space occupied by the error. Publisher will not be liable for any error if materials supplied to be published have not been prepared & supplied exactly to publisher’s specifications including but not limited to: naming convention, electronically transmitted ads missing fonts, high resolution photos/logos or other properties &/or content or sent without a proof of the ad to be published & sent with publisher’s digital spec sheet completed & supplied to Publisher by materials deadline. In the case of typographical printing errors or omissions, the Publisher shall not be liable beyond the cost of the advertisement. The Publisher shall be under no liability for failure for any reason to insert an advertisement. Ads submitted after space deadline requiring proofs or alterations are submitted at the advertisers own risk, & Publisher shall assume no responsibility for errors or omissions in such advertisements. If the Publisher creates an ad for advertiser, proofs will be supplied only if all content is supplied to Publisher by the space deadline. Publisher will provide one proof to the advertiser via email for advertiser’s approval, should advertiser want changes Publisher agrees to make one set of changes at no charge. Additional changes or proofs will be charged & charges will be added to the cost of the advertising at $115 per hour and charged in 1/4 hr. increments. Should changes on any ads be required after materials deadline advertiser will be charged at the printers rate for such changes & these costs shall be added to the advertising invoice, advertiser agrees to pay any such charges including production time, pre-press time, plate charges, stop press charges, late charges &/or any other such charges required by advertiser after materials deadline.
Advertiser agrees: that any referral lists provided by Publisher are confidential & are for advertisers own use only. Any distribution or disclosure of the referral lists contents by or use of the information contained thereof by anyone other than the Advertiser is not permitted & will result in the suspension of the advertiser receiving such lists from Publisher for the duration of the contract. Advertiser will be responsible for full payment for contracted price, including price of lists with no reduction or adjustment to pricing by Publisher should such a violation of list usage occur. Any & all legal issues resulting from advertisers misuse of referral list is advertiser’s sole responsibility. Publisher assumes no liabilities or responsibility for advertiser’s misuse of content of referral lists obtained from Publisher. Publisher shall have full right to settle any such claim & to control any litigation or arbitration as to which it may be a party all at the cost of the advertiser or agency.
I have read the above terms and conditions and here by agree to them as stated.