Advertiser Terms and Conditions

Definitions

 As used herein the term “Publisher” shall refer to REMAG, Inc. 

Advertising Format  

The Publisher only accepts advertising materials submitted according to the deliverable specifications set out on the Insertion Order.  

Any prospective Advertiser lacking the resources to provide materials in this format may contact the Publisher’s Advertising Coordinator for recommendations and assistance in third-party provisioning preparation of such.  

Authorization and Acceptance  

By completion of an Insertion Order, Publisher offers, subject the client’s adherence to the deliverables therein, to accept insertion orders for advertising to be published in Resource Magazine.  

All insertion orders are subject to acceptance by REMAG, Inc in its sole discretion. 

Requests for positioning within specific articles or other editorial content may be meaningfully considered, but in no way guaranteed.  

Rejection and Omission

The Publisher reserves the right to reject or omit any advertising for any reason, including the Publisher’s opinion that the advertising is not in keeping with the publication’s standards, policies or principles. No space advertising, special section or insert will be accepted that emulates, by typography, design or otherwise, the editorial pages of Resource Magazine. Any full or partial page of advertising that contains text or design elements that have, in the opinion of the Publisher, an editorial appearance, must be clearly or conspicuously identified with the words “advertising” or “advertisement” placed horizontally at or near the center of the top of the page or ad space in type at least equal in size and weight to the magazine’s normal editorial body-text typeface. The Publisher reserves the right to add either of the words “advertising” or “advertisement” in this manner to any advertisement that, in the Publisher’s sole judgment, too closely resembles editorial matter.  

Pre-notification and Prior Review

The publication’s editorial calendar is published only as an information service to readers and advertisers, and editorial topics publicized in the editorial calendar are subject to change, alteration or omission at the sole discretion of the Publisher.  

Liability

In consideration of the Publisher’s publishing advertising (or distributing another product) for the Advertiser, the Advertiser and its Agency (if any) agree to indemnify and defend the Publisher against any and all claims, losses, liabilities, damages and expenses
(including attorneys’ fees) arising out of the Publisher’s printing, publishing or distributing such advertising (or another product) and/or arising from third parties’ access to the Advertiser’s Web site or email, or the use of the Advertiser’s products or services.  

Advertisers and their Agencies assume full responsibility and liability for all contents
(including text, representations and illustrations) of advertisements and for any claims or suits for libel, violation of rights of privacy, plagiarism, trademark, patent and copyright infringements (including the text and photographs within the advertisements) or other claims based on the contents or subject matter arising from the advertisement that might be made against the Publisher.  

The Publisher shall have full right to settle any such claim and to control any litigation or arbitration to which it may be a party all at the cost of the Agency and the Advertiser, who shall be deemed joint and several indemnitors. The Agency, if any, warrants that it is authorized to bind, and does bind, the Advertiser to such indemnity jointly and severally with the Agency.  

The Publisher shall not be subject to any liability whatsoever for any delays in delivery and/or non-delivery, failure of any distributor to properly display or prominently place the publication, or any failure to publish or circulate all or any part of the issue or issues in which the Advertiser’s insertion is scheduled to appear, due to Acts of God, strikes
(whether legal or illegal), work stoppages, accidents, fires, explosions, floods, insurrections, riots, actions of any government or quasi-government entity, embargoes, labor or material shortages, transportation interruptions of any kind, or any circumstance or condition not within control of the Publisher.  

Upon failure to publish in such a situation, the Publisher agrees to fulfill insertion in the next available desired issue. The Publisher is not responsible for the accuracy of any corrections or changes made to any Advertiser’s materials.  

The Publisher’s sole obligation as to any failure or default on its part shall be limited to a refund of its charges which may have been paid, or to publish tendered advertising in the next available issue.  

The Publisher’s sole obligation as to any failure or default on its part shall be limited to a refund of its charges which may have been paid, or to publish tendered advertising in the next available issue.  

In no event shall The Publisher be liable for any consequential, incidental or special damages nor shall its liability for any act, error or omission, whether or not due to its negligence, exceed the price paid to the Publisher for the publication or distribution of such materials.  

The Publisher shall have no liability for errors for which no written notification is received from the Advertiser later than 30 days after the issue’s mailing date.  

Cancellation Policy

Neither the Advertiser nor its Advertising Agency may cancel advertising after the posted closing date. Cancellations prior to closing must be in writing. Verbal (including telephonic) cancellations will not be accepted. The Publisher is under no obligation to revise or to replace advertising materials received by its Advertising Coordinator after the advertising materials submission deadline, and such revisions or replacements may not be subject to approval by the Advertiser or its Agency.  

Payment

Net account charges are payable thirty (30) days prior to the publication date in the Insertion Order. Agency commissions are not payable on invoices that are not paid within thirty (30) days of the date of the invoice.  

The Publisher looks to the Advertising Agency (if any) placing the insertion order for payment. However, the Publisher reserves the right to hold the Advertiser and/or its Agency jointly and severely liable for such monies as are due and payable to the Publisher, and the Agency warrants by submitting the insertion order that it and the Advertiser have accepted this responsibility.  

The Publisher will not release the Advertising Agency from liability even if a sequential liability clause is attached to the contract, insertion order, purchase order or other form of transmittal. Non-commissionable charges, such as production charges, are not subject to an Advertising Agency commission.  

The Publisher will not be bound by conditions, printed or otherwise, on contracts, order blanks or instructions when such conditions conflict with its policies.  

A finance charge of 1.5% per month will be added to all past-due accounts. Insertion orders may be cancelled by the Publisher if the Advertiser and/or its Agency fail to pay overdue accounts.