TERMS NET 30 DAYS WITH APPROVED CREDIT
Prepayment required by new advertisers for first six insertions. Contracts must be completed within one year from first insertion. Credit privileges will be suspended to all accounts overdue in excess of 60 days. In the event that Purchaser seeks to cancel all or a portion of the advertising insertions provided for in this contract, whether in a print magazine or any web, mobile, or other digital advertising, Purchaser must submit in writing and be received by Publisher at its home office six weeks before the publication date (i.e. June 15th for August issue or ads scheduled to start August 1); ads cancelled after this will be billed. Publisher reserves the right to reject any advertisement. . Checks returned to the magazine due to insufficient/uncollected funds are subject to a thirty (30) dollar bounced check charge. In the event of nonpayment, publisher reserves the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to the publisher. Customer further agrees to pay the magazine's reasonable attorney fees and suit costs, to the extent permitted by law, including attorney fees for appeal in the event that the magazine prevails in judgement to collect unpaid balance.
Publisher shall not be responsible for the advertising material furnished by Purchaser, advertising agency or other representatives or agents. Further, Purchaser and any advertising agency signing this Contract on behalf of Purchaser, jointly and severally represent and warrant to Publisher that they have the lawful right to use the aforesaid advertising material and to have it published as described in this Contract. Purchaser and any advertising agency signing this Contract on Purchaser’s behalf jointly and severally agree to indemnify, defend and hold harmless Publisher, its affiliates and each of their respective managers, directors, officers, employees, agents, successors and assigns, from and against all losses, damages, liabilities, demands, claims, actions, costs and expenses (including reasonable attorneys’ fees) incurred by any of them based on or arising out of Publisher’s publication of advertisements or advertising materials provided or approved by Purchaser, its advertising agency or any other representatives or agents.
*Short Rate: Advertisers will be short-rated if within a 12-month period from the date of their first insertion they have not used the amount of space upon which their billing has been based.
ADVERTISING TERMS AND CONDITIONS
- All advertising is subject to the publisher’s approval. The publisher reserves the right to reject advertising which he/she feels is not in keeping with the publication’s standard.
- Cancellations are not accepted after the space reservation deadline. When no material is furnished by the material due date for space under contract, the publisher reserves the right to repeat a previous ad or bill 100 percent for the unused space.
- Advertiser and advertising agency agree to indemnify, defend, and save harmless the publisher from any and all liability for content (including text, illustrations, representatives, sketches, maps, trademarks, labels or other copyrighted matter) of advertisements printed, or the unauthorized use of any person’s name or photograph arising from the publisher’s reproduction and publishing of such advertisement pursuant to the advertiser’s or agency’s order. The publisher reserves the right to reject, discontinue or omit any advertising or any part thereof. This right shall not be deemed to have been waived by acceptance of actual use of any advertising matter.
- All advertising orders are accepted subject to the terms and provisions of the current rate card. Orders are accepted subject to change in rates upon notice from the publisher. However, orders may be cancelled at the time the change in rates become effective without incurring a short rate adjustment, provided the rate has been earned up to the date of cancellation.
- A contract year, or twelve-month period, starts from the date of the first insertion.
- The forwarding of an order is construed as an acceptance of all the rates and conditions under which advertising is at the time sold.
- Verbal agreements are not recognized.
- If more or fewer insertions are used within one year than specified in the order, changes will be adjusted in accordance with established rates.
- Cancellation of space order forfeits the right of position protection.
- The publisher reserves the right to give better position than specified in the order, at no increase in rate.
- The publisher’s liability for any error will not exceed the manufacturing cost of the advertisement in question.
- The publisher assumes no liability if for any reason it becomes necessary to omit an advertisement.
- Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental, or quasigovernmental 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 publisher affecting production or delivery in any matter.
- The publisher reserves the right to limit the size of space to be occupied by an advertisement.
- 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.
- 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.
- 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. Advertiser agrees that all accounts over thirty days delinquent will be charged interest at 18 percent per annum, and advertiser shall pay all costs of collection, including reasonable attorney fees.
- Unless specific instructions are received for inserts, the publisher and its printer will not be held responsible for the positioning of inserts in a particular issue.
- Gulfshore Life Media will bill the advertiser for the insertion immediately upon contract signing. Payment is due and expected in 30 days (or before the space close date for the contracted advertisement) whichever comes first.
- New advertisers or clients with less than two years business history will be required to pay 100 percent of their first insertion invoice at acceptance of insertion order.
- The publisher reserves the right to not permit “past due” advertising in subsequent issues until outstanding balance is resolved.
- In the event of non-payment, advertiser will pay all attorney fees, court costs and other expenses incurred by the publisher in instituting such legal proceedings.
- Payment may be made by check to Gulfshore Life Media via VISA, MasterCard, American Express, or Discover, or by EFT to publisher's bank account (with prior authorization from publisher).