These terms and conditions apply to all advertising
insertion orders placed by advertiser with Hearst
Communications, Inc. (“Publisher”) during 2019.
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
Hearst Magazines 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 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 spaceavailable 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.
Publisher is a member of the Alliance for Audited Media
(AAM). Publisher reports its total circulation on an issueby-issue basis which is audited by AAM. Publisher does
not guarantee circulation to regional advertisers, and
regional circulations reported to AAM are used only as a
basis for determining rates. Publisher is entitled to a 5%
shortfall on estimates for ads placed on a regional basis.
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 be 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”).
In the event that any advertising campaign for advertiser
includes sweepstakes, contests, email distribution and/or
other promotional elements which are managed either by
the advertiser or by the Publisher on behalf of the
advertiser, the advertiser also agrees to indemnify and
save harmless Publisher against any and all Losses arising
out of the publication, use or distribution of any materials,
products (including prizes) or services related to all such
promotional elements provided by the advertiser including,
without limitation, those arising from any Claims.
The advertiser agrees to and does 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 Hearst Magazines.
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. Thereafter, 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.
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 all fees
and expenses, including its attorney’s fees, incurred by
Hearst in collecting or attempting to collect charges owed
for advertising placed pursuant to this Agreement.
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.
Should Hearst Publisher acquire any new magazines
beyond the current list of publications (21), the advertiser
will not be entitled to any discount with respect to such
newly acquired titles during the term of this Agreement.
Claims for circulation base shortfalls must be made within
6 months after publication of final AAM statements (the
white sheets).
The advertiser is responsible for any and all rate base
increases that occur throughout the contract period. Rate
base adjustments are NON-NEGOTIABLE.
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.
