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The following are certain terms and conditions governing
advertising published in Ladies' Home Journal magazine. Submission
of insertion order for placement of advertising in the Magazine
constitutes acceptance of the following terms and conditions. No
terms or conditions in any insertion orders, reservation orders,
blanket contracts, instructions or documents other than this Rate
Card will be binding on Meredith Corporation ("Publisher"),
unless Publisher agrees to such terms and conditions in writing.
- Publisher may require payment for advertising upon terms determined
by Publisher prior to publication of any advertisement.
- Agency and advertiser are jointly and severally liable for
the payment of all invoices arising from placement of advertising
in the Magazine and for all costs of collection of late payment.
- If an account is placed with a collection agency or attorney
for
collection, all commissions and discounts will be rescinded or
become null and void and the full advertising rate shall apply.
- Agency commission (or equivalent): fifteen percent (15%) of
gross advertising space charges, payable only to recognized agents.
- Invoices are rendered on or about the on-sale date of the Magazine.
Payments are due within ten (10) days after the billing date,
with the following exceptions. For all advertising not placed
through a recognized agent, payments at Rate Card rates must be
received no later than the issue closing date. Prepayment is required
if credit is not established prior to ten (10) business days prior
to the issue closing date. All payments must be in United States
currency.
- No agency commission is payable, and Publisher will not grant
any discounts, on production charges. Any discounts received by
advertiser on ad space charges may not be applied to production
charges.
- Advertiser shall pay all international, federal, state and
local taxes on the printing of advertising materials and on the
sale of ad space.
- Publisher expressly reserves the right to reject or cancel
for any reason at any time any insertion order or advertisement
without liability, even if previously acknowledged or accepted.
In the event of cancellation for default in the payment of bills,
charges for all advertising published as of the cancellation date
shall become immediately due and payable.
- Advertisers may not cancel orders for, or make changes in,
advertising after the issue closing date. Cancellation of orders
or changes in advertising to be placed on covers, in positions
opposite content pages, and for card inserts will not be accepted
after the date thirty (30) days prior to the issue closing date.
Cancellation of orders for special advertising units printed in
the Magazine, such as booklets and gatefolds, will not be accepted
after the date sixty (60) days prior to the issue closing date.
In the event Publisher accepts cancellation after any of the foregoing
deadlines, such acceptance must be in writing, and such cancellation
may be subject to additional charges at Publisher's discretion.
- The conditions of advertising in the Magazine are subject to
change without notice. Publisher will announce ad rate changes
thirty (30) days prior to the closing date of the issue in which
the new rates take effect. Orders for subsequent issues will be
accepted at the then-prevailing rates.
The Magazine is a member of the Audit Bureau of Circulation (ABC).
The following rate base guarantee is based on the ABC's reported
circulation for the Magazine averaged over the calendar year in
which advertising is placed. Publisher guarantees circulation to
national advertisers by brand of advertised product or service.
In the event the audited twelve (12)-month average circulation does
not meet the guaranteed rate base, Publisher shall grant rebates
to the advertiser in ad space credit only, which must be used within
six (6) months following the issuance of audited ABC statements
for the period of shortfall. Rebates will be calculated based on
the difference between the stated rate base at time of publication
and the ABC audited 12-month average. Publisher does not guarantee
circulation to regional advertisers, and regional circulations reported
by the ABC are used by Publisher only as a basis for determining
the Magazine's advertising rates.
- Publisher is not liable for any failure or delay in printing,
publishing, or circulating any copies of the issue of the Magazine
in which advertising is placed that is caused by, or arising from,
an act of God, accident, fire, strike, terrorism or other occurrence
beyond Publisher's control.
- Publisher is not liable for any failure or delay in publishing
in the Magazine any advertisement submitted to it. Publisher does
not guarantee positioning of advertisements in the Magazine, is
not liable for failure to meet positioning requirements and is
not liable for any error in key numbers. PUBLISHER WILL TREAT
ALL POSITION STIPULATIONS ON INSERTION ORDERS AS REQUESTS.
- The liability of Publisher for any act, error or omission for
which it may be held legally responsible shall not exceed the
cost of the ad space affected by the error. In no event shall
Publisher be liable for any indirect, consequential, special or
incidental damages, including, but not limited to, lost income
or profits.
- Advertising agency and advertiser jointly and severally represent
and warrant that each advertisement submitted by it for publication
in the Magazine contains no copy, illustrations, photographs,
text or other content that may result in any claim against Publisher.
Advertising agency and advertiser jointly and severally shall
indemnify and hold harmless Publisher from and against any damages
and related expenses (including attorneys' fees) arising from
the content of advertisements, including, but not limited to,
claims of invasion of privacy, unauthorized use of names or pictures
of living persons, trademark infringement, copyright infringement,
libel and misrepresentation.
- Publisher's acceptance of an advertisement for publication
in the Magazine does not constitute an endorsement of the product
or service advertised. No advertiser or agency may use the Magazine's
name or logo without Publisher's prior written permission for
each such use.
- The word "advertisement" will be placed above all
advertisements that, in Publisher's opinion, resembles editorial
matter.
- This agreement shall be governed by and construed in accordance
with the laws of the State of Iowa without regard to its conflicts
of laws provisions. Any civil action or proceeding arising out
of or related to this agreement shall be brought in the courts
of record of the state of Iowa in Polk County or the U.S. District
Court for the Southern District of Iowa. Each advertiser and its
agency consents to the jurisdiction of such courts and waives
any objection to the laying of venue of any such civil action
or proceeding in such courts.
- For advertising units less than full-page size, insertion orders
must specify if advertisement is digest, vertical, square, or
horizontal configuration. Insertion orders for all advertising
units must state if advertisement carries a coupon.
- Advertising units of less than 1/3 page size are accepted based
on issue availability as determined by Publisher.
- Requested schedule of issues of ad insertions and size of ad
space must accompany all insertion orders. Orders and schedules
are accepted for the advertising by brand of product or service
only and may not be re-assigned to other products or services
or to affiliated companies without the consent of Publisher.
- Insert linage contributes to corporate page levels based on
the ratio of the open rate of the insert to the open national
P4C rate.
- If a third party either acquires or is acquired by advertiser
during the term of an insertion order, any advertising placed
by such third party in an issue of the Magazine that closed prior
to the date of the acquisition will not contribute to advertiser's
earning discounts.
Publisher shall rebate Advertiser if Advertiser uses more ad space
than the quantity of space on which billed ad rates were based.
Failure to use all such ad space shall result in higher ad rates.
In such event, Advertiser will be shortrated and owe Publisher an
additional sum based on the difference between the billed rates
and higher rates.
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