Advertising

BAHM MAGAZINE ADVERTISING TERMS AND CONDITIONS

BAHM Magazine, (“Publisher”), will not be bound by any condition appearing on copy instructions submitted by or on behalf of the Advertiser when such condition conflicts with any provision contained in Publisher’s rate card or with its policies, regardless of whether or not set forth in the rate card. All references herein to Advertiser include Advertiser’s agency, if there is one, and Advertiser and its agency shall be jointly and severally liable for Advertiser’s obligations hereunder.

Publisher reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged or accepted.

If an advertisement is accepted for publication, the Advertiser agrees that it will not make any promotional references to BAHM Magazine without the prior written permission of the Publisher.

Short rates: Advertisers will be short-rated if the space upon which billings have been based is not used within the 2 –issue contract.

The Advertiser agrees to pay the amount of invoices rendered by Publisher within the time specified on the invoice.

Orders containing incorrect rates may be accepted and, if accepted, charged at regular rates. Such errors will be regarded as only clerical.

All agencies or direct advertisers must supply Publisher with a legal street address and not just a post office box.

Orders specifying positions other than those known as designated positions are accepted only on a request basis, subject to the right of Publisher to determine actual positions.

Rates, conditions, and space units are subject to change without notice.

Reproduction quality is at the Advertiser’s risk if Publisher’s specifications are not met or if material is received after closing date even if on extension.

Advertising film will be destroyed, if not ordered returned, 12 months after last use without liability.

The Advertiser agrees that in the event Publisher commits any act, error, or omission in the acceptance, publication, and/ or distribution of their advertisement for which Publisher may be held legally responsible, Publisher’s liability will in no event exceed the cost of the space ordered and further agrees that Publisher will not under any circumstance be responsible for consequential damages, including lost income and/or profits.

The Advertiser represents that it not only has the right to authorize the publication of any advertisement it has submitted to Publisher, but that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the Advertiser and published by Publisher, and that such advertisement is neither libelous, an invasion of privacy or violates of any third party’s rights, or otherwise unlawful. As part of the consideration and to induce Publisher to publish such advertisement, the Advertiser agrees to indemnify and save harmless Publisher against all loss, liability, damage, and expense of whatsoever nature (“Losses”) arising out of copying, printing, or publishing such advertisement (“Claims”).

All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond Publisher’s control (whether like or unlike any of those enumerated herein) that prevent Publisher from partially or completely producing, publishing, or distributing BAHM Magazine.

All advertisements must be clearly identified by the trademark or signature of the Advertiser.

Words such as “advertisement” will be placed with copy that, in Publisher’s opinion, resembles editorial matter.

Cancellations must be in writing. Cancellations are not binding on Publisher unless in writing and received at least 30 days prior to the advertising closing date for inside or outside cover pages and for all inside pages. Thereafter, orders may not be cancelled or changed by the Advertiser without the acknowledgement and acceptance of Publisher. If orders are not cancelled on time, the Advertiser agrees that it will be responsible for the cost of such cancelled advertisements.

The Advertiser agrees to reimburse Publisher for its attorney’s costs and fees in collecting any unpaid billings for advertisements.