FILES MUST BE SUBMITTED THROUGH THIS WEBSITE, NO CDS
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
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
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
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
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 issue-by-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
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/
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
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
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
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
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
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
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.