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2007 ADVERTISING
RATE CARD
COPY AND CONTRACT TERMS AND CONDITIONS
1. PUBLISHER reserves the right at
its absolute discretion, and at any time, to cancel
any advertising order or reject any advertising copy,
whether or not the same has already been acknowledged
and/or previously published. In addition, PUBLISHER
reserves the right to remove from selected copies
of the publication advertisements containing matter
that readers have or may deem objectionable. In the
event of such cancellation or rejection by PUBLISHER,
advertising already run shall be paid for on a pro
rata basis. Cancellation of any portion of any advertising
order or contract by or on behalf of the Advertiser
or failure to have published the specified number
of pages during a 12 month period, automatically nullifies
any rate discount, including for previously published
advertisements, and may result in a short-rate. In
such event, the Advertiser and/or Agency must reimburse
PUBLISHER for the short-rate within 30 days of invoice.
2. Orders that contain rates that vary from the rates
listed in the rate card shall not be binding on PUBLISHER
and may or may not be accepted, at the PUBLISHER’S
discretion.
3. Advertisements that simulate editorial content
must be clearly defined and labeled "ADVERTISEMENT" and PUBLISHER may, in its discretion, so label such
copy.
4. Orders for inside advertising containing restrictions
or specifying positions, facings, editorial adjacencies
or other requirements may be accepted and inserted
but such restrictions or specifications are at PUBLISHER’s
sole discretion. In the event of errors in or omissions
of any advertisement(s), PUBLISHER’S liability
shall not exceed a refund of amounts paid to PUBLISHER
for the advertisement.
5. Inserts: (1) A facsimile of any furnished insert
must be submitted to PUBLISHER prior to the printing
of the insert. (2) PUBLISHER is not responsible for
errors or omissions in, or the production quality
of, furnished inserts. (3) The Advertiser and/or Agency
shall be responsible for any additional charges incurred
by PUBLISHER arising out of the Advertiser and/or
Agency’s failure to deliver furnished inserts
pursuant to PUBLISHER’S specifications. (4)
In the event that PUBLISHER is unable to publish the
furnished insert as a result of such failure to comply,
the Advertiser and/or Agency shall remain liable for
the space cost of such insert.
6. All issues relating to advertising will be governed
by the laws of the State of New York applicable to
contracts to be performed entirely therein. Any action
relating to advertising must be brought in the state
or federal courts in New York, New York and the parties
hereby consent to the jurisdiction of such courts.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY
JURY.
7. The Advertiser and its Agency each represent that
any advertising (including product samples) submitted
complies with all applicable laws and regulations
and does not violate the rights of, and is not harmful
to, any person, corporation or other entity. As part
of the consideration to induce PUBLISHER to publish
such advertisement, the Advertiser and its Agency,
if there be one, each agrees jointly and severally
to indemnify and save harmless PUBLISHER, and its
employees and representatives, against all liability,
loss, damage, and expense of any nature, including
attorneys’ fees, arising out of any claims for
libel, invasion of privacy, copyright or trademark
infringement and/or any other claim or suit that may
arise of out the copying, printing, publishing, distribution
or transmission of such advertisement.
8. In the event an order is placed by an Agency on
behalf of the Advertiser, such Agency warrants and
represents that it has full right and authority to
place such order on behalf of the Advertiser and that
all legal obligations arising out of the placement
of the advertisement will be binding on both the Advertiser
and the Agency.
9. The Advertiser and its Agency agree to be jointly
and severally liable for the payment of all bills
and charges incurred for each advertisement placed
on the Advertiser’s behalf. The PUBLISHER will
not be bound by any terms or conditions of order blanks
or copy instructions inconsistent with the rate card.
Publisher will not extend credit for advertising orders
or space reservations that claim sequential liability.
Advertiser authorizes PUBLISHER, at its election,
to tender any bill to the Agency, and such tender
shall constitute due notice to the Advertiser of the
bill and such manner of billing shall in no way impair
or limit the joint and several liability of the Advertiser
and Agency. Payment by the Advertiser to the Agency
shall not discharge the Advertiser’s liability
to PUBLISHER. The rights of PUBLISHER shall in no
way be affected by any dispute or claim between the
Advertiser and the Agency.
The Advertiser or Agency may not use
any advertising space either directly or indirectly
for any business, organization, enterprise, product,
or service other than that for which the advertising
space is provided by PUBLISHER, nor may the Advertiser
or Agency authorize any others to use any advertising
space.
1. Orders for inside or outside cover
pages are non-cancelable.
2. Orders for all inside advertising units are non-cancelable
15 days prior to closing date. Supplied inserts are
non-cancelable the first of the fourth month preceding
the date of issue. Orders for all PUBLISHER-produced
inserts are non-cancelable without the written agreement
of PUBLISHER. Should PUBLISHER agree to cancel an
existing work order, the Advertiser will be responsible
for the cost of any work performed or materials purchased
on behalf of the Advertiser, including the cost of
services, paper and/or printing.
3. The Advertiser and/or Agency agree to reimburse
PUBLISHER for its attorneys’ fees and costs
in collecting any unpaid charge or portion of the
charge for any advertisement.
4. The copyright in any advertisement created by the
PUBLISHER is owned by the PUBLISHER, and may not be
otherwise used by the Advertiser without the PUBLISHER’S
prior written consent. The Advertiser and Agency agree
that any advertisements published may, at the PUBLISHER’S
option, be included in all media, whether now in existence
or hereafter developed, in which the issue containing
the advertisement is published, reproduced, distributed,
displayed, performed, or transmitted, in whole or
in part.
5. Rates and units of space are effective with the
March 2007 issue (January 2007 On Sale).
6. Ratebase guarantees are made on an annual (12 month)
contract-year average.
7. Agency Commission: 15% commission to recognized
advertising agencies on gross billings for advertising,
color and premium. No commissions will be paid on
invoices not paid within 30 days of billing date.
Mechanical charges and special services are non-commissionable.
8. Terms of sale: Payment due thirty days from date
of invoice. Interest will be charged at rate of 1.5%
per month on past due balances.
9. The foregoing terms and conditions shall govern
the relationship between PUBLISHER and the Advertiser
and/or Agency. PUBLISHER has not made any representations
to the Advertiser or Agency that are not contained
herein. Unless expressly agreed to in writing by PUBLISHER,
no other terms or conditions in contracts, orders,
copy, instruction, or otherwise will be binding on
PUBLISHER. |
