Terms and Conditions

Printable Version

By purchasing advertising with Eagle Publishing, Inc., the "Advertiser" agrees to the following:

A. Acceptance/Insertion Orders: Acceptance of advertising programs is subject to space availability upon receipt of a signed Insertion Order/Agreement by Eagle Interactive (Eagle Publishing, Inc.). All interactive insertion orders must be received five (5) business days in advance of campaign initiation unless otherwise indicated in writing by Eagle Interactive Sales Director. All web banner, dedicated e-mail and e-newsletter text advertising creative is subject to Eagle Interactive approval. Eagle Interactive reserves the right to reject or cancel any Advertisement, Insertion Order, and space reservation or position commitment at any time based upon its creative content or otherwise.

B. Indemnification: Advertiser and Agency jointly and severally represent and warrant that Advertiser has the right to publish and display the Advertisements and their content. Advertiser and Agency agree jointly and severally to indemnify and hold Eagle Interactive and its publisher partners harmless against any expense or loss by reason of any claim arising out of online publication and display of the Advertisements.

C. Positioning: Positioning of Advertisements is at the discretion of Eagle Interactive, except where a request for a specific preferred position is acknowledged by Eagle Interactive in writing. Material must be received by material closing date, otherwise position may be lost to another advertiser, or requested impression level may be reduced.

D. Third Party Ad Server: Any Agency or Advertiser acting as an agent for a third party ad server agrees that all Advertisements must be submitted to Eagle Interactive for approval prior to being added into rotation.

E. Reporting: Advertisers will be provided with interactive campaign reports via email when available, which include impressions, clicks and yield percentages within 72 hours of conclusion of web banner campaign, dedicated e-mail send and e-newsletter send.

F. Counting: Eagle Interactive's ad server will be official counter for determining the number of ads delivered under an applicable order, unless otherwise agreed upon in writing with Advertiser.

G. Make-good: In case of under delivery of guaranteed impressions, advertiser will only be billed for delivered impressions.

H. Cancellation Policy: Cancellations or changes in orders must be made in writing. Any campaign can be cancelled with no penalty as per below cancellation schedule. Campaigns cancelled less than the timeframe indicated below can be subject to a ten percent (10%) cancellation fee based on the original amount of the cancelled insertion order at the discretion of Eagle Interactive. In the case of Web Banners, if a campaign is cancelled after a campaign has started, Advertisers will be re-billed for all impressions delivered through effective end date at the open rate for such units as per rate card at the sole discretion of Eagle Interactive. Once written receipt of cancellation is received, Eagle Interactive will have up to two (2) business days to end banner impression campaign and advertiser will be billed for all impressions delivered within this period of time.

I. Web Banner Postponement: In cases where banner creative for advertisement has not arrived by the third (3) business day after the agreed-upon campaign start date, Eagle Interactive's postponement policy goes into effect. Eagle Interactive will reduce the number of total impressions for every day the campaign is late, based on even distribution, and the Advertiser will be invoiced at the original contracted dollar amount for these impressions or the campaign period will be extended to its original length and start effectively upon receipt of creative.

J. Dedicated E-mail and E-newsletter Postponement: In cases where creative for advertisement has not arrived two (2) working days in advance of send, Eagle Interactive reserves the right to cancel said program and post another advertiser's creative in its place.

K. Invoicing and Payment: Advertiser billing will be remitted every month once Advertiser has established a ninety (90) day payment history with Eagle Interactive. Until this payment history is established, Advertiser will be required to pay for advertising up front with a credit card. Once credit has been established after the ninety (90) day period, payment terms are net 30 days. Late payments shall be subject to a penalty on the due and unpaid amounts equal to the lesser of 1.5% per month or the highest rate permitted by law. Eagle Interactive has the right to cancel or deny any advertisement due to the account status being unpaid for 90 days or more.