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ADVERTISING CONDITIONS
1. All advertising is subject to Publisher’s approval. Rates, conditions and space units are subject to change without notice. Positioning requests that are not paid for are not guaranteed. Publisher may reject advertisements without liability, for any reason or no reason, including those that Publisher deems inappropriate or incompatible with its standards and those that have been previously acknowledged or accepted. Publisher may place the word “advertisement” or otherwise add or delete text to or from ads, which, in Publisher’s opinion, resemble editorial matter. Publisher does not accept cancellations after the publication closing date. Publisher may print any advertisement received before then and collect the full amount shown on the insertion order. A 15% commission will be paid to advertising agencies recognized by Publisher. No commissions will be paid on production and mechanical charges.
2. Payment terms are net 30 days after date of invoice. Publisher may apply payments from Advertiser or its affiliates to any other debt owed to Publisher or its affiliates. Advertiser and its affiliates shall remain liable for all outstanding sums owed to Publisher and its affiliates. Advertiser will be charged interest on all past due payments at the rate of 20% per year. Advertiser, its affiliates and any applicable agency are jointly and severally liable for all payments to Publisher and its affiliates.
3. Publisher is not bound by any terms or conditions that are unwritten or that appear on order forms or copy instructions when those terms or conditions conflict with or alter any provision contained in Publisher’s rate card or its policies.
4. Advertiser and any applicable agency jointly and severally represent that they are fully authorized and licensed to use and publish (i) the names, portraits and pictures of living and dead persons, (ii) all intellectual, private and proprietary property, and (iii) all testimonials and other matter contained in any advertisement submitted by or on behalf of Advertiser, and that the advertisement is not libelous, an invasion of privacy or otherwise unlawful.
5. As part of the consideration to induce Publisher to publish advertisements, Advertiser, any applicable agency and their affiliates agree to and shall indemnify, defend and hold harmless Publisher and its affiliates from and against any and all losses, damages (including consequential, incidental, special and punitive damages), liabilities, costs, fees and expenses (including court, collection and legal fees and expenses) incurred, arising out of or related to (i) the content and publication of the advertisements and (ii) the failure of any contest related to the advertisements to comply and conform to all applicable laws, ordinances, statutes and rules.
6. Publisher’s aggregate liability to Advertiser and any third parties for any and all reasons shall not exceed the amount paid by Advertiser to Publisher for the applicable advertisement. Publisher shall have no liability in all cases resulting from events that are beyond its reasonable control. In no event shall Publisher be liable to Advertiser or any other party for consequential, incidental, special or punitive damages.