2018 PREVIEW 918 AND PREVIEW918.COM ADVERTISING TERMS AND CONDITIONS
The following are certain general terms and conditions governing advertising published in the print and digital editions of Preview 918 (the “Magazine”) and Preview918.com (the “Digital”) published by Fore Today Publications, LLC (the “Publisher”).
1. An advertiser running a full-run qualifying advertisement in the Magazine will automatically run in the digital issue of the Magazine currently hosted on ISSUU.com.
2. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine.
3. The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
4. The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating a magazine’s editorial material in appearance or style, or that are not immediately identifiable as advertisements may not be acceptable. Advertisements that in the opinion of the Publisher resemble editorial material will carry the word “SPONSORED CONTENT” or “ADVERTISEMENT.”
5. All advertisements, including without limitation those for which the Publisher has provided creative services, are accepted and published in the Magazine or Digital subject to the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof in all applicable editions, formats and derivations of the Magazine or Digital and that such publication will not violate any law, regulation or advertising code or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorney’s fees collectively, “Losses”) arising out of the publication of such advertisements in all applicable editions, formats and derivations of the Magazine and Digital, including, without limitation, those arising from third-party claims or suits for defamation, copyright or trademark infringement, misappropriation, unfair competition, violation of the Lanham Act or any rights of privacy or publicity, or any unfair commercial practice or misleading advertising or impermissible comparative advertising or from any and all claims or regulatory breaches now known or hereafter devised or created (collectively “Claims”). In the event the Publisher has agreed to provide contest or sweepstakes management services, email design or distribution or other promotional services in connection with an advertising commitment by advertiser, all such services are performed upon the warranty of the agency and advertiser that they will, jointly and severally, indemnify and hold the Publisher harmless from and against any and all Losses arising out of the publication, use or distribution of any materials, products (including, without limitation, prizes) or services provided by or on behalf of the agency or advertiser, their agents and employees, including, without limitation, those arising from any Claims.
6. In consideration of the Publisher’s reviewing for acceptance, or acceptance of any advertising for publication in the Magazine or Digital, the agency and advertiser agree not to make promotional or merchandising reference to the Magazine in any way without the prior written permission of the Publisher in each instance.
7. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions or the provisions of the rate card will be binding on the Publisher and to the extent that the Terms and Conditions contained herein are inconsistent with any such conditions, these Terms and Conditions shall govern and supersede any such conditions.
8. The Publisher has the right to insert the advertising anywhere in the Magazine or Digital issue at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within the Magazine or Digital such as page location, competitive separation or keeping the same running order of advertisements in the digital edition as they appeared in the print edition can't be guaranteed. The Publisher's inability or failure to comply with any condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.
9. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue(s) of the Magazine or Digital because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
10. Invoices are rendered on or about the first of each month. Payments are due within 15 days from the billing date. The Publisher reserves the right to charge interest each month on the unpaid balance at the rate of 1.5%, or if such rate is not permitted by applicable law, at the highest rate so permitted by applicable law, determined and compounded daily from the due date until the date paid. The Publisher further reserves the right to change the payment terms to cash with order at any time. The advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the Magazine or Digital.
11. All pricing information shall be the confidential information of the Publisher and neither advertiser nor agency may disclose such information without obtaining the Publisher’s prior written consent.
12. Any and all negotiated advertiser discounts are only applicable to and available during the period in which they are earned. Rebates resulting from any and all earned advertiser discount adjustments must be used within six months after the end of the period in which they were earned. Unused rebates will expire six months after the end of the period in which they were earned.
13. Rates quoted are gross. Recognized advertising agencies are eligible for a 15% commission. No commission on production charges or late fees. Commission is forfeited in the event of unfulfilled contracts or accounts 60 days past due.
14. None of creative fees, special advertising print production premiums, digital edition upgrade fees or other production fees earn any discounts or agency commissions.
15. An advertiser earns a 3x, 6x or 12x frequency discount based on the number of insertions placed during a 12-month period. Failure to place the required number of ads will result in a short rate. Advertiser will be charged the difference in rate between the actual number of insertions and the number agreed upon in the contract.
17. Ad cancellation or moving of insertions requires written notice, submitted 30 days prior to that month’s space reservation date. If ad cancellation affects the original earned frequency discount, the advertiser may be billed the difference. If 30-day notice is not provided, ad cancellations and change orders will not be honored and the advertiser may be responsible for full payment.
18. Publisher reserves the right to modify these terms and conditions.
These advertising terms and conditions were issued January 1, 2018.