Terms and Conditions
MediaMax Network Advertising
A. MediaMax Network, LLC (MMN) reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertising copy, whether or not the same has already been acknowledged and/or previously published. In addition, MMN reserves the right to remove from selected copies of the publication advertisements containing matter that subscribers have deemed objectionable. In the event of such cancellation or rejection by MMN, advertising already run shall be paid for at the rate that would apply if the entire order were published. Cancellation of any portion of any advertising order or contract by or on behalf of the Advertiser or failure to have published the specified number of pages automatically nullifies any rate discount, including for previously published advertisements, and may result in a short-rate. In such event, the Advertiser and/or Agency must reimburse MMN for the short-rate, the difference between the rate charged on the contracted frequency and the higher rate based on reduced frequency, within 30 days of invoice therefor.
B. Orders that contain rates that vary from the rates listed herein, and not approved by MMN Management, in writing, shall not be binding on MMN and may be inserted and charged for at the actual schedule of rates. A variance in circulation of +/- 5% is acceptable on all contracted advertising.
C. All contracts, written or oral, for advertising will be governed by the laws of the State of New York. Any action, including any lawsuit relating to advertisements placed with MMN may, at the sole direction of MMN, be brought in the state or federal courts within the State of New York. Alternatively, and at the sole discretion of MMN, any action by MMN may be brought in a local, state of federal court where the Advertiser or Agency resides. Whichever court(s) is selected by MMN, the parties hereby consent to the jurisdiction of such court(s).
D. Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and inserted but such restrictions or specifications are at MMN’s sole discretion.
E. In the event of errors in or omissions of any advertisement(s), including those caused by Force Majeure, MMN’S liability shall not exceed a refund of amounts paid to MMN for the advertisement. MMN is not responsible for errors in key numbers.
F. Inserts: (1) A facsimile of any furnished insert must be submitted to MMN prior to the printing of the insert. (2) MMN is not responsible for errors or omissions in, or the production quality of furnished inserts. (3) The Advertiser and/or Agency shall be responsible for any additional charges incurred by MMN arising out of the Advertiser and/or Agency’s failure to deliver furnished inserts pursuant to MMN’S specifications. (4) In the event that MMN is unable to publish the furnished insert as a result of such failure to comply, the Advertiser and/or Agency shall remain liable for the space cost of such insert.
G. The Advertiser and its Agency, if there be one, each represent that any advertising (including product samples) submitted complies with all applicable laws and regulations and does not violate the rights of, and is not harmful to, any person, corporation or other entity. As part of the consideration to induce MMN to publish such advertisement, the Advertiser and its Agency, if there be one, each agrees jointly and severally to indemnify and save harmless MMN, and its employees and representatives, against all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of any claims for libel, invasion of privacy, copyright or trademark infringement and/or any other claim or suit that may arise of out the copying, printing, publishing, distribution or transmission of such advertisement.
H. In the event an order is placed by an Agency on behalf of the Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of the Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both the Advertiser and the Agency.
I. The Advertiser and its Agency, if there be one, agree to be jointly and severally liable for the payment of all bills and charges incurred for each advertisement placed on the Advertiser’s behalf. Advertiser authorizes MMN, at its election, to tender any bill to the Agency, and such tender shall constitute due notice to the Advertiser of the bill and such manner of billing shall in no way impair or limit the joint and several liability of the Advertiser and Agency. Payment by the Advertiser to the Agency shall not discharge the Advertiser’s liability to MMN. The rights of MMN shall in no way be affected by any dispute or claim between the Advertiser and the Agency.
J. The Advertiser or Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by MMN, nor may the Advertiser or Agency authorize any others to use any advertising space.
K. MMN reserves the right to use any of the commercially accepted printing processes.
L. Orders for all advertising units are non-cancellable 30 days prior to closing date. Supplied inserts are non-cancellable the first of the fourth month preceding the date of issue. Orders for all MMN-produced inserts are non-cancellable without the written agreement of MMN. Should MMN agree to cancel an existing work order, the Advertiser will be responsible for the cost of any work performed or materials purchased on behalf of the Advertiser, including the cost of services, paper and/or printing.
M. MMN will not be required to submit a proof of an ad submitted by the Advertiser and/or Agency. The Advertiser and/or Agency assumes all responsibility for artwork submitted after published materials deadline date.
N. The Advertiser and/or Agency agrees to reimburse MMN for its attorneys’ fees and costs in collecting any unpaid charge or portion of the charge for any advertisement.
O. MMN reserves the right to charge credit cards on file for balances sixty (60) days past due.
P. The Advertiser and Agency agree that any advertisements published may, at MMN’s option, be included in all media, whether now in existence or hereafter developed, in which the issue containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part.
Q. Terms of sale and payment: After an initial deposit, payment for each insertion is due fifteen (15) days from date of invoice. Interest will be charged at rate of 1.0% per month on past-due balances.
R. The foregoing terms and conditions shall govern the relationship between MMN and the Advertiser and/or Agency. MMN has not made any representations to the Advertiser or Agency that are not contained herein. Unless expressly agreed to in writing by MMN, no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on MMN.