Interactive Terms and Conditions |
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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 approved 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.
| Interactive Product |
Creative Deadline |
| E-newsletter |
2 business days before delivery date |
| Web Banner |
3 business days before campaign launch |
| Dedicated E-mail |
3 business days before delivery date |
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
$500 charge. 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.
| Interactive Product |
Cancellation Timeframe |
| E-newsletter |
2 business days before delivery date |
| Web Banner |
2 business days before campaign launch |
| Dedicated E-mail |
5 business days before delivery date |
I. Dedicated Email Test Approval:
Final ad approvals need to be received by Eagle Publishing
by the close of business the day prior to the effort send date.
J. Dedicated Email Text Change:
Eagle Publishing reserves the right to charge $300 each
time changes are requested to be made to an ad that are not due to errors made
by Eagle (these changes add significant time burdens and production costs to
Eagle's e-business operations). Final
changes to ads must be submitted to Eagle by 12:00pm EST the day prior to the
effort send date.
K. 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.
L. 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.
M. 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 thirty (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 ninety (90) days or more.
Print Terms and Conditions |
Human Events Print Terms and Conditions
A. Conditions: The
following terms and conditions shall be deemed incorporated in every insertion
order or space contract tendered to Human Events and www.HumanEvents.com unless
modified by written agreement signed by an officer of Publisher, and shall
supercede any inconsistent statements in such order or contract.
Publisher
reserves the right to change the rates and terms herein at any time without
notice, provided only that for any contract advertiser the rates herein shall
continue to apply for issues published within 90 days of the effective date of
such change.
B. Agency Commission: 15% of
gross billing allowed to recognized agencies on space, color, bleed, and
position, provided account is current within 60 days of invoice date. Commission not allowed on other charges, such
as insertion handling, special bindings, or trimming of inserts, reprints, or
other mechanical charges.
C. Advertising Rates: Number of
insertions used by the advertiser within 12 months from date of first insertion
of contract period determines frequency rate.
Full or fractional-page advertisements are charged at the corresponding
frequency rate in the 2007 Human Events Rate Card. Multiple units of space in one issue are
charged at individual unit rates and are counted as individual insertions for
the purpose of determining frequency discount.
Space is available in a variety of sizes with a quarter of a page the
minimum size. Frequency discount is
subject to minimum rate-holder requirement of a quarter page.
D. Short Rate: Advertiser
will be billed for the difference in contracted rate and actual ads run in
paper.
E. Advertising Copy Conformity: It is the
responsibility of the Advertiser to ensure that ad copy and related materials
are provided in the format required by Human Events (refer to Advertising
Materials and Specifications). Ads and
artwork not conforming to Human Events’ specifications may be rejected or may
be modified to conform to Human Events’ specifications with the advertiser
consent. Human Events will bill the
Advertiser $100 per hour minimum for any modifications.
F. Publisher’s Protective Clause: By
issuance of this rate card, Publisher offers, subject to the terms and
conditions herein, to accept insertion orders for advertising to be published
in Human Events and www.HumanEvents.com
and by their tendering such insertion order the advertiser or agency shall
indemnify and hold Publisher, its employees, agents, and its subcontractors
free and harmless from any expenses, damages, and costs (including reasonable
attorney fees) resulting in any way from Publishers compliance with such
insertion orders (including, but not by way of limitation, from claims of
libel, violation of privacy, copyright infringement, or otherwise) and
Publisher shall have full right to settle any such claim and to control any
litigation or arbitration as to which it may be a party all at the cost of the
agency and the advertiser who shall be deemed jointly and several indemnitors
and agency warrants that it is authorized to bind, and does bind, advertiser to
such indemnity jointly and severally with agency. Publisher reserves the right in its sole discretion
to discontinue publication at any time with or without notice or to defer or
cancel the printing, publication, or circulation of any issue or of the
tendered advertising and shall not be liable for any failure to print, publish,
or circulate all or any portion of any issue or subcontractors, or circumstances
beyond its control. Publisher’s sole
obligation as to any failure or default on its part shall be limited to a
refund of its charges that may have been paid to it or, at its option, to
publish the tendered advertising in the next available issue. The Publisher reserves the right to reject or
omit any advertising for any reason. No
advertising will be accepted that simulates Human Events editorial material.
G. Payment Terms: Invoices
are dated as of the issue date and are due and are payable upon receipt in U.S. funds drawn
on a U.S. Bank. Publisher looks to the
advertising agency placing the insertion order for payment; however, Publisher
shall have the right to hold the advertising agency and the advertiser jointly
and severally liable for the monies due and payable to the Publisher, and the
agency warrants by submitting the insertion order that it and the advertiser
have accepted this responsibility.
Publisher will not be bound by conditions, printed or otherwise, on
contracts, order blanks or instructions when such conditions conflict with its
policies.
New
advertisers must pay their first ad in full prior to the first advertisement’s
running.
Publisher
has the right to cancel or deny any advertisement due to the account status’
being unpaid for 90 days or more.
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