Advertising Policy Advertising Contracts No ad will be run without a signed contract agreeing to every provision of this policy. The signed contract must be in our offices by the closing date. Ads are noncancellable after the closing date. In order to receive frequency discounts, a signed contract must be on file with Quality Digest and the advertisers must meet payment terms as specified below. Any advertiser who fails to fulfill the contract will be rebilled without benefit of the agency discount. Contract Rates 1. Contract rates are based on the total number of insertions ordered at the time the contract is received by Quality Digest. 2. Changes in size, frequency, color or position void contracts, and a new contract with current rates will be created. 3. Any advertiser who voids a contract will be rebilled at the appropriate rate. Closing Dates Materials and insertion orders must be received by the dates indicated on the editorial calendar. In the event that space is ordered and new materials are not received by the deadline, Quality Digest reserves the right to run a previous ad of equal size. No cancellations will be accepted after the space reservation closing date indicated for each issue. Advertiser is responsible for payment of ads that were unsuccessfully canceled. Special Positions 1. Covers and special positions are noncancellable. Quality Digest reserves the right to give a better (farther forward or higher price) position than specified at no increase in rate. 2. Special position requests will be given on a first-come, first-served basis. However, no guarantee is made unless the preferred position premium has been specified in the contract. Advertising Copy Advertising is accepted subject to publisher approval and may be rejected at publisher's discretion. Advertisers and their agents are liable for the content of advertisements and any claims arising from them. Agency Commission Recognized agencies receive a 15-percent discount on space, color and position. Commissions are not allowed on other charges. Agency commissions will not be allowed on unpaid invoices over 90 days. Payment Policy All first-time advertisers must submit payment with artwork. Purchase orders are not acceptable for first-time advertisers. All invoices must be paid within 30 days of invoice date. Any overdue invoice may be referred to a collection agency. The expense of any collection activity shall be borne by the delinquent advertiser and shall include: court costs, attorney fees and costs, and assignment costs. Advertisers who do not pay an invoice within 90 days shall void their contract and will be rebilled for all ads at the one-time rate with no agency discount. Advertiser has final responsibility for all payments. In the event that the agent (whether paid or otherwise) fails to pay the amount owed (for any reason), it will remain the responsibility of Advertiser to settle the account. Reader Service Quality Digest offers a free reader service number and listing to all advertisers. Quality Digest shall not be liable for errors or omissions in reader response numbers or listings, nor does Quality Digest guarantee response rates. Legal Limitations Advertiser understands that the advertising rate has been reduced in consideration for Advertiser's agreement to the following terms: 1. Advertiser and their agents are solely responsible and legally liable for any damages arising from the content of their advertisement. 2. Advertiser warrants that the advertisement contains no defamatory matter or is otherwise harmful or infringes on any proprietary right (including trademark and copyright) of another. Advertiser also agrees to indemnify and hold harmless QCI International (publisher of Quality Digest) against any claim arising from the printing and publishing of the advertisement or for breach of any provision of this agreement. Advertiser specifically agrees to waive any right to bring an action against QCI International for any injuries to Advertiser arising from any publication of the advertisement. 3. Should the advertisement contain any material that requires permission for inclusion in the advertisement, evidence of such permission will be attached hereto or permission shall be obtained at Advertiser's expense from the owner and delivered to QCI International within 10 days of the agreement for review. Whether such permission is sufficient shall be determined by QCI International. 4. Advertiser agrees that this contract is made in Butte County, California, and that any legal claims made pursuant to this agreement or against QCI International shall be brought in Butte County, California. 5. It is understood that nothing in this agreement is intended to create any agency relationship between Advertiser and QCI International. |