Acceptance of all advertising is subject to review and approval by the Publisher. Ads that have not previously appeared in any of the The Advertiser publications must be submitted for approval at least two weeks prior to the ad space closing. In light of the great effort advertisers may undertake in developing advertising campaigns, advertisers are encouraged to forward proposed ads in rough form, thereby minimizing any inconvenience caused by the review of advertising messages. Promotion of products, meetings, and services that compete directly with those offered by the Publisher and its affiliates is generally prohibited. All claims of fact must be fully supportable and should be meaningful in terms of performance or any other benefit. Advertisers should avoid the use of claims whose validity depends upon extremely fine interpretations of meaning. This does not exclude the use of normal qualifiers, such as footnotes, which may be necessary to render a claim true. Advertisers may cite in footnotes references from scientific literature, provided the reference is truthful and is a fair representation of the body of literature supporting the claim made. Comparison to any Publisher products or services is prohibited. Comparisons to a competitor's products or services in the Publisher's communications vehicles are prohibited. The inclusion of an ad in the Publisher's publications is not to be construed or publicized as an endorsement or approval by the Publisher, nor may the advertiser promote that its advertising claims are approved or endorsed by the Publisher. Artwork, formal, and layout should be such as to avoid confusion with editorial content of the publication. Reader styled ads must include a distinctive heading with the word "Advertisement". The Publisher reserves the right to insert the word "Advertisement'' above or below any copy to avoid confusion. Advertorials are prohibited. The Publisher reserves the right to reject requests for ads, or not to renew previously approved ads, at any time for any reason or no reason at all, including without limitation any ad that the Publisher determines could be considered offensive, libelous, defamatory, derogatory, disrespectful, racial, prejudicial, provocative, uncivil, vulgar, improper, indecent, disgusting, or that may adversely affect the goodwill or reputation of the Publisher or its affiliates; including, but not limited to, the lack of publishing quality of the artwork presented, even if the ad was originally or previously accepted for publication. Advertisements that conflict or have the appearance of conflicting with the Publisher's policies are prohibited. The fact that an ad for a product, service or company has appeared in a Publisher's publication shall not be referred to in collateral advertising. Use of the Publisher's name and/or logo is prohibited without the Publisher's prior written approval.
Advertiser grants Publisher a non-exclusive, perpetual, irrevocable and worldwide license to copy, store, display, print and distribute any and all ad materials provided by Advertiser or its agents, including but not limited to photographs, artwork, text and graphics, in any media, presently known or unknown, including but not limited to Publisher’s electronic publications on the Internet and in any archival retrieval system whether that information is digitally stored or stored on any other media. The Publisher shall retain all rights of ownership in and to all ads designed or created by the Publisher for the advertiser. The advertiser grants the Publisher a non-exclusive license to publish all ads provided by the advertiser. Unless ad materials, an insertion order or written instructions clearly stating which ad should run are received by the ad materials closing date for ads under contract, the previously run ad will be repeated. If no prior ad is available, Publisher will run a house ad and advertiser will be responsible for the cost of its original insertion order. The Publisher reserves the right to change its ad policies at any time. The Publisher is not obligated to return ad materials to the advertiser. The Publisher is not responsible for any damage or loss to any ad materials provided by the advertiser.
Ad material and campaigns do not violate any rights of any third parties, including but not limited to copyright, trademark, patents, trade secrets, right to privacy, right of publicity (“Intellectual Property Rights”), and civil rights; and (e) it is familiar with and all ad materials and campaigns comply with all applicable laws, regulations, and FTC and industry guidelines, including but not limited to: local, state and federal laws regarding political advertising and fair housing, and Native Advertising: A Guide for Business at https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses (December 2015). By way of emphasis, Advertiser represents and warrants that it has obtained all necessary consents and releases before submitting ad material, and all statements and direct and indirect claims made in each ad are accurate and true and supported by competent and reliable substantiation. Advertiser also represents, warrants, covenants and agrees that (a) its ads and ad campaigns will comply with Publisher’s privacy policy, the state’s Online Privacy Protection Act, and the Self-Regulatory Principles for Online Behavioral Advertising. Publisher does not assume any obligations to perform legal review of ads.
The advertiser agrees to indemnify and hold the Publisher harmless for all damages, costs, expenses of any nature including court costs and legal lees, for which the Publisher may become liable by reason of its publication of the advertiser's ad. The Publisher is not responsible for incorrect ad materials run when ad materials or instructions are not received by the ad material deadline. The Publisher is not responsible for ad placements near competing products unless an agreement has been made in writing between the Publisher and advertiser prior. The Publisher will not be bound by any condition appearing on insertion orders/contracts or copy instructions submitted by or on behalf of the advertiser, when such condition conflicts with any provision in the Publisher's policy. The Publisher does not make corrections to ad artwork. All ad artwork must be submitted in final format. Publisher will not be held responsible for incorrect ad sizes or incorrect copy in artwork that is submitted or picked up from a previous Publisher publication or outside organizations publication. The Publisher is not responsible for the final reproductive quality of any materials provided that do not meet the defined specifications of the publication. This includes color quality when proofs for press match are not provided by the advertiser. The Publisher is not responsible for printer's or clerical errors, nor will any credits be given for advertising errors not reported after the first issue in which the ad is published. Except for payment obligations, neither party will be liable for failure to perform any obligation required under this Agreement when such failure is due to fire, flood, labor disputes or strikes, unavoidable accident, government action, legal restrictions, electronic or electrical interference, telecommunications difficulties, system failure, technical failure, equipment breakdown, failure of any third party system or product, or any other cause beyond the control of that party.
