A. The advertiser and its agency, if there is one, each represents that it is fully authorized and/or licensed to publish the entire contents and subject matter contained in its advertisement, including (1) the names, portraits and/or pictures of all persons; (2) any copyrighted material; (3) any testimonials contained in any advertisement submitted to and published/by the publisher.
In consideration of the publisher’s acceptance of such advertisements for publication, the agency and the advertiser will indemnify and save harmless the publisher against all loss, liability, damage, and expense of any nature arising out of the copying, printing, or publishing of its advertisement, including without limitation reasonable attorneys’ fees resulting from any claims or suits arising out of publication.
B. Conditions, other than rates, are subject to change by publisher without notice.
C. All contents of advertisements are subject to publisher’s approval. Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment at any time, for any reason, without liability even though previously acknowledged or accepted.
D. Positioning of advertisements is at the sole discretion of the publisher.
E. Publisher shall not be liable for errors in key numbers.
F. Advertisers may not cancel orders for, or make changes in, advertising after closing date. Orders for inside or outside cover pages are non-cancellable. Options on cover positions must be exercised at least 30 days prior to closing date. If order is not received by such date, cover option automatically lapses.
G. All insertion orders are accepted subject to provisions of current rate card. Rates are subject to change upon notice from publisher. Cancellation of space reservations for any reason (including a change in rates by the publisher) in whole or in part by advertiser will result in adjustment of the rate (short-rate) based on past and subsequent insertions to reflect actual space used at the earned frequency or volume rate.
H. Publisher shall not be liable for any costs or damages if for any reason it fails to publish an advertisement or for any remedy beyond thereturn of any amount paid for an ad for any error in the ad. In no event shall publisher be liable for indirect or consequential damages.
I. Publisher shall have the right to hold the advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to publisher for advertising which advertiser or its agency ordered which was published.
J. No conditions other than those set forth in the rate card shall be binding on the publisher unless specifically agreed to in writing by the
publisher. Publisher will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser when such conditions conflict with any provisions contained within this rate card.
K. Publisher is not responsible for delays in delivery and/or non-delivery in the event of acts of God, action by any governmental or quasi-government entity, fire, blood, accidents, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of the publisher affecting production or delivery in any matter.
L. All advertisements must be clearly identifiable as such with a trademark or signature of the advertiser, or the word “Advertisement” may be placed with copy which in publisher’s opinion resembles editorial copy.
M. Failure to make insertion orders correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for based upon the terms of the schedule in force without further notice.
N. It is the responsibility of the advertiser and its agency to ensure that all inserts and other advertising comply with U.S. postal regulations and other applicable federal and state laws and regulations.
O. As used in this section entitled “General Conditions,” the term “publisher” shall refer to RUNWAY magazine
P. Submission of any advertisement, insertion order, space reservation, or position commitment shall constitute acceptance of the foregoing.
ADDITIONAL CONTRACT CONDITONS
Agency Commission: 15%
Terms: Net 30 days O.A.C.
Bleed: Accepted in color and black and white at no additional charge.
Rate Announcement: Any change in rates will be made at in advance of the closing date for the issue affected. Orders for issues thereafter are at rates that are prevailing.
