ADVERTISING TERMS
ADVERTISING TERMS & CONDITIONSThe following general terms and conditions are agreed to by Pyramid Media Group (Publisher) and the Advertiser and its Agency, (if any), one of whose signature appears below hereof (collectively, "Advertiser/Agency") with respect to the publication(s) specified.
1. Advertiser/Agency each represents and warrants that it is fully authorized and/or licensed to publish the entire contents and subject matter contained in its advertisement in all applicable media including (1) the names, portraits and/or pictures of any persons living or dead, (2) any copyrighted material, trademarks and/or depictions of trademarked goods and services and (3) any testimonials or endorsements contained in any information or art submitted to and published by the Publisher. Advertiser/Agency also represents and warrants that the entire contents of each advertisement is accurate and complete and is not misleading.
2. Publisher shall not be liable for, and Advertiser/Agency hereby releases Publisher from, all liability in connection with (a) errors in map location indicators, telephone/ telex/ facsimile/e-mail numbers or changes in an advertisement's text and rates required by an advertiser, (b) any loss, claim, damage, liability cost or expense (including consequential damages) as a result either of the failure of advertisement(s) to appear or of the appearance of any errors in the advertisement as published or the inclusion of any advertisement in any release and (c) any delays in delivery and/or nondelivery of an advertisement by or on behalf of Publisher in the event of an act of God, action by any government or quasi-governmental entity, fire, flood, accident, insurrection, riot, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow down or any condition beyond the control of Publisher affection production or delivery in any manner.
3. Advertiser/Agency agrees to indemnify and save harmless Publisher and its owners, employees, officers, directors and agents against all loss, liability damage and expense of any nature (including reasonable attorney's fees) arising out of the copying, printing, or publishing of advertiser's advertisements or inclusion of any such advertisement in the publication(s) specified and resulting from (a) any claims or suits against any one of them, including without limitation, claims or suits for libel, violation of rights or privacy and publicity, unfair competition, intentional or negligent infliction of emotional distress and copyright and/or trademark infringement, (b) violation of applicable federal, state or local laws or regulations or (c) the inaccuracy, incompleteness of misleading nature of any advertisement supplied by Advertiser/Agency.
4. Conditions other than rates are subject to change by Publisher without notice.
5. Contents of all advertisements are subject to Publisher's approval. Publisher reserves the right to reject any advertisement or space reservation at any time if Publisher deems the advertisement to be unacceptable.
6. Positioning of advertisements is at the discretion of Publisher except when an arrangement for a specific preferred position is acknowledged by Publisher in writing. While Publisher and its publications do their best to satisfy any requests by agencies and advertisers concerning specific placement of ads within the publications, Publisher can only guarantee the final placement of advertisement providing that space is available.
7. Rates, based on participation in the specified number of consecutive editions, are set forth on the Rate Card and are guaranteed only for the contract period. Less than the specified number of consecutive insertions will be billed at the current 1-time rate for the issue in which the advertisement appears. Rates appearing on the Rate Card are gross and do not include agency commission, if any.
8. Rates subject to change on notice from Publisher. However, contract may be canceled at the time the change in rate becomes effective without incurring a short rate adjustment, provided the contract rate has been earned up to the date of cancellation.
9. Cancellation of space for any other reason will result in an adjustment of the rates (short rate) to reflect the actual space used at the prevailing rate card rates. Cancellation policy: 60 days before publishing or flight date for advertising, 90 days for advertising on special positions. Web site and newsletter Cancellation: 30 days before flight date for advertising. All cancellations require written notification.
9. Frequency discounts based on participation in the specified number of consecutive editions are available for individual advertiser, chains, management groups or other organized groupings based on total and pages ordered and are applied at each issue's billing. If a higher discount is earned due to a higher level of participation, it shall not be retroactive. "Earned" discounts (i.e., those based on actual space contracted and previously published) enable the advertiser to receive a higher (or lower) discount, relative to the total ad pages for that issue's billing.
10. 15% of gross to recognized advertising agencies on space billed directly to the agency provided authorized contract is on file. All order accepted for space are subject to credit requirements.
11. The publication(s) specified are published, and the Advertisers/ Agencies will receive invoices in accordance with the publication(s) period specified. The Advertiser/Agency shall be jointly and severally liable for all amounts due and payable to Publisher for the advertising space or information which the Advertiser/Agency ordered.
12. Terms and Conditions of Payment: All rates are net and do not include Sales Tax or VAT/TVA. Shipping costs will be billed to the customer. Payment Terms: 30% on order, balance due 2 (two) weeks prior to publication. Established accounts: net 30 days.
13. Materials not received by Publisher's production department by closing date cannot be quality checked and will not be entitled to approval or revision by Advertiser/Agency. Publisher may exercise the right to publish existing material to fulfill four time contracts if new material is not received by closing date. No material extensions will be granted unless accompanied by a space order.
14. Production requirements for advertisements are set forth on the Rate Card and within the promotional package or our web site. For all deadlines, sizes and technical details please go to: http://www.airguideonline.com/advproduction.htm
15. No coupons or reply cares will be accepted in any advertisements.
16. Advertiser/Agency agrees to allow Publisher to use the Advertiser/ Agency's materials for promotion including, but without limitation, activities such as display at travel agencies, hotels, and industry events; illustration in sales materials and brochures relating to the publication(s) specified and use in public relation activities, etc.
17. Advertiser/Agency shall ensure that all advertisements comply with all applicable federal, state and local laws and regulations.
18. The general terms and conditions contained herein shall be binding on the Publisher and Advertiser/Agency, jointly and severally. Agency is the duly authorized agent of Advertiser. Publisher shall not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser/Agency and shall be governed by and construed n accordance with the laws of the State of New York.
19. Publisher shall have the right, upon reasonable written notice, to terminate this agreement, in the event of a material breach of the Agreement by Advertiser/Agency.
20. Advertiser may not assign any of its rights or obligations hereunder, other than to a purchaser of all or substantially all of the assets of Advertiser who agrees in writing to be bound by all of the terms and conditions of this Agreement, and who agrees to assume all of Advertiser's liability hereunder. Any other purported assignment by Advertiser shall be null and void and of no effect.
Submittal of advertisement to Pyramid Media Group and/or to its publications, web sites, events and other media constitutes acceptance to the above policies. Our advertising space is available at a cost consistent with our desire to remain a fair source of information for our readers.
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