The following terms, conditions and contract and copy regulations apply to all print and web and electronic advertising in the Publications owned by Edgell Communications, Inc. and Edgell Publications, Inc. The numbers in parentheses ( ) refer to Business Publications Contract and Copy regulations as published by Standard Rate and Data Service (SRDS).
Insertion instructions shall be supplied for every advertisement and shall clearly state the following information: name of publication, name of advertiser, date to be inserted, size of advertisement, identification of advertisement (proof of ad to be furnished if possible) plus any special instructions such as bleed, color, etc. (1).
No conditions, printed or otherwise, appearing on the space order, billing instruction or copy instructions which conflict with the publisher's stated policies will be binding on the publisher. (2)
All advertising orders are accepted subject to the terms and provisions of the current rate card. Orders accepted are subject to change in rates upon notice from the publisher. However, orders may be canceled at the time the change in rates becomes effective without incurring a short rate adjustment, provided the rate has been earned up to the date of cancellation.(3).
A contract year, or twelve-month period, starts from the date of the first insertion. Twelve-month periods do not overlap; in other words, space counted in one contract period to determine the rate for that period, cannot be counted again toward determining the rate for the subsequent or past periods.(5).
Space orders wherever possible should specify a definite schedule of insertions, issues and sizes of space.(7).
The forwarding of an order is construed as an acceptance of all the rates and conditions under which advertising is at the time sold. (8).
Advertiser and advertising agency warrant that they have obtained all necessary rights and permissions (including any applicable digital and electronic rights) to the material they have supplied to Publisher, and that they know of no claims that have been asserted that would limit or preclude Publisher’s use of the material. Advertiser and advertising agency each agree to defend, indemnify, and hold harmless the Publisher from any and all claims or liability arising out of or connected to use, in any form or format, (including without limitation text, illustrations, images, photographs, video, audio recordings, artwork, or drawings) of material supplied by advertiser or advertising agency, including but not limited to claims in the nature of libel, slander or invasion of privacy; false advertising or unfair competition; trademark, trade dress, copyright or patent infringement; or misappropriation, commercialization or unauthorized use of any person’s name, likeness or other personal attributes. The Publisher reserves the right to reject, discontinue or omit any advertising or any part thereof, or to edit or revise it. These rights shall not be deemed to have been waived by acceptance or actual use of any advertising matter.(15).
Acceptance of advertising for any product or service is subject to investigation of the product or service, and of the claims made for it in the advertisement submitted for publication.(16).
All advertising is subject to the publisher's approval. The publisher reserves the right to reject advertising which it feels is not in keeping with the publication's standard.(17).
The advertisers' index is prepared under the regulations and policies of the publisher as an extra service to the advertiser over and above his space order. The publisher, therefore, does not assume liability for errors in the index notwithstanding all normal precautions.(18).
The publisher's liability for any order will not exceed the charge for the advertisement in question.(19).
The publisher assumes no liability if for any reason it becomes necessary to omit an advertisement.(20).
Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond the control of the publisher affecting production or delivery in any manner.(21)
Failure to make the order correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for upon the terms of the schedule in force without further notice.(22).
The publisher reserves the right to limit the size of space to be occupied by an advertisement. (23).
Two or more advertisers are not permitted to use space under the same contract.(24).
Any deliberate attempt to simulate a publication's format is not permitted, and the publisher reserves the right to place the word" advertisement" with copy which in the publisher's opinion resembles editorial matter.(30).
Advertisements offering prizes, or contests of any nature, are accepted provided approval has been obtained from the Post Office at place of publication entry.(31).
Requests for specified position at R.O.P. rates are given consideration but no guarantee is made unless the position premium has been provided for in the contract.(32).
Publisher reserves right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to the publisher.(36).
The publisher assumes no liability for error or omissions in reader service numbers, advertiser’s index, or incorrectly formatted or sized advertising material supplied by advertiser.(29).
July 2008