O, The Oprah Magazine, published by Hearst
Communications, Inc., Hearst Magazines Division
(“Publisher”) will not be bound by any condition
appearing on order blanks or copy instructions
submitted by or on behalf of the advertiser when
such condition conflicts with any provision
contained in Publisher’s rate card or with its
policies, regardless of whether or not set forth in
the rate card. All references herein to Advertiser
include Advertiser’s agency, if there is one, and
Advertiser and its agency shall be jointly and
severally liable for Advertiser’s obligations
hereunder.
Publisher reserves the right to decline or reject any
advertisement for any reason at any time without
liability even though previously acknowledged or
accepted. If an advertisement is accepted for
publication, the advertiser agrees that it will not
make any promotional references to O, The Oprah
Magazine without the prior written permission of
the Publisher.
Short Rates. Advertisers will be short-rated if the
space upon which billings have been based is not
used within the 12-month contract period.
Agency commission: 15% to recognized agencies.
Bills are rendered on publication date. Payment in
U.S. currency required. Net due 30 days from
invoice date. Interest will be charged at rate of
1.5% per month or, if less, the maximum lawful
interest rate, on past-due invoices. New
advertisers and/or agencies must either remit
payment with order or furnish satisfactory credit
references, subject to Publisher’s discretion.
The advertiser agrees to pay the amount of
invoices rendered by Publisher within the time
specified on the invoice.
Orders 30 days beyond current closing date will
be accepted only at rates prevailing, and only on a
space-available basis (and subject to the other
terms and conditions herein). Orders containing
incorrect rates may be accepted and if accepted,
charged at regular rates. Such errors will be
regarded as only clerical.
All agencies or direct advertisers must supply
Publisher with a legal street address and not just a
post office box.
Orders specifying positions other than those
known as designated positions are accepted only
on a request basis, subject to the right of Publisher
to determine actual positions.
Advertisements in other than standard sizes are
subject to Publisher’s approval.
O, The Oprah Magazine is a member of the Audit
Bueau of Circulation (ABC). O, The Oprah
Magazine does not guarantee circulation to
regional advertisers, and regional circulations
reported to ABC are used only as a basis for
determining rates. For newsstand distribution
purposes, a 5% margin must be allowed for
regional circulations.
Rates, conditions, and space units are subject to
change without notice. Any discounts are
applicable during the period in which they are
earned. Any and all rebates from earned discount
adjustments must be taken by the advertiser
within six (6) months following the period in
which such rebates were earned or they will be
deemed expired.
Schedule of months of insertion and size of space
must accompany all orders and are binding upon
advertiser upon receipt unless terminated in
writing prior to the applicable closing date(s).
So-called “space reservations” are not considered
by Publisher as orders or binding upon it in any
way.
Reproduction quality is at the advertiser’s risk if
Publisher’s specifications are not met or if
material is received after closing date even if on
extension. All queries concerning printed
reproduction must be submitted to Publisher
within 45 days of issue date.
Advertising film will be destroyed, if not ordered
returned, 12 months after last use without liability.
No rebate will be allowed for insertion of wrong key
numbers.
The advertiser agrees that in the event Publisher
commits any act, error, or omission in the
acceptance, publication, and/or distribution of
their advertisement for which Publisher may by
held legally responsible, Publisher’s liability will in
no event exceed the cost of the space ordered and
further agree that Publisher will not under any
circumstance be responsible for consequential
damages, including lost income and/or profits.
The advertiser represents that it not only has the
right to authorize the publication of any
advertisement it has submitted to Publisher, but
that it is fully authorized and licensed to use (i) the
names and/or the portraits or pictures of persons,
living or dead, or of things; (ii) any trademarks,
service marks, copyrighted, proprietary, or
otherwise private material; and (iii) any
testimonials contained in any advertisement
submitted by or on behalf of the advertiser and
published by Publisher, and that such
advertisement is neither libelous, an invasion of
privacy, violative of any third party’s rights, or
otherwise unlawful. As part of the consideration
and to induce Publisher to publish such
advertisement, the advertiser agrees to indemnify
and save harmless Publisher against all loss,
liability, damage, and expense of whatsoever
nature (“Losses”) arising out of copying, printing,
or publishing of such advertisement (“Claims”).
The advertiser agrees to and do indemnify and
save harmless Publisher from all loss, damage,
and liability growing out of the failure of any
sweepstakes or contest inserted by them for
publication to be in compliance and conformity
with any and all laws, orders, ordinances, and
statutes of the United States, or any of the states
or subdivisions thereof.
All orders accepted are subject to acts of God,
fires, strikes, accidents, or other occurrences
beyond Publisher’s control (whether like or unlike
any of those enumerated herein) that prevent
Publisher from partially or completely producing,
publishing or distributing O, The Oprah Magazine.
All advertisements must be clearly identified by
the trademark or signature of the advertiser.
Words such as “advertisement” will be placed
with copy that, in Publisher’s opinion, resembles
editorial matter.
Cancellations must be in writing. Cancellations for
orders are not binding on Publisher unless in
writing and received at least 45 days prior to the
advertising closing date for inside or outside cover
pages and for all inside pages, prior to the
advertising closing date. Therefore, orders may
not be cancelled or changed by the advertiser
without the acknowledgement and acceptance of
Publisher. If orders are not timely cancelled, the
advertiser agrees that it will be responsible for the
cost of such cancelled advertisements, including
“kill fees” for: (i) covers equal to the premium
charges outlined on the magazine’s rate card and;
(ii) scent strips equal to 10% of the cost for such
scent strip.
A copy of any proposed insert must be submitted
to Publisher prior to printing of the insert. In no
event shall Publisher be responsible for any errors
or omissions in, or the production quality of any
furnished insert.
The advertiser agrees to reimburse Publisher for
its attorney’s costs and fees in collecting any
unpaid billings for advertisements.
The parties agree that the details contained on
orders will be treated as confidential or proprietary
information and shall not be disclosed to third
parties.
All issues related to advertising will be governed by
the laws of the State of New York applicable to
contracts to be performed entirely therein. Any
action brought by advertiser against Publisher
relating to advertising must be brought in the
state or federal courts in New York, New York and
the parties hereby consent to the jurisdiction of
such courts.
A 2.5% processing fee will be added to payments
made by credit card.
