These terms and conditions apply to all advertising
insertion orders placed by advertiser with Hearst
Communications, Inc. (“Publisher”) during 2018.
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
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
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.
