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Model Source Magazine
Terms and Conditions
The following are certain general terms and conditions governing advertising in all issue of Model Source Magazine, Child Couture Magazine and all special editions
1. Rates are based on average total circulation. Announcement of any change in rates and/or circulation rate base will be made in advance of a magazine’s advertising sales close date of the first issue to which such rates and/or circulation rate base will be applicable.
2. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the magazines.
3. The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
4. Editor may reject or cancel any advertising for any reason at any time. Advertisements simulating a magazine’s editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable.
5. All advertisements, including without limitation those for which Publisher has provided creative services, are accepted and published in the magazines subject to the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof in all applicable editions, formats and derivations of the magazines and that such publication will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorney’s fees) (collectively, �Losses�) arising out of the publication of such advertisements in all applicable editions, formats and derivations of the magazines, including, without limitation, those arising from third party claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any and all claims now known or hereafter devised or created (collectively �Claims�). In the event the Publisher has agreed to provide contest or sweepstakes management services, email design or distribution or other promotional services in connection with an advertising commitment by advertiser, all such services are performed upon the warranty of the agency and advertiser that they will, jointly and severally, indemnify and hold the Publisher harmless from and against any and all Losses arising out of the publication, use or distribution of any materials, products (including, without limitation, prizes) or services provided by or on behalf of the agency or advertiser, their agents and employees, including, without limitation, those arising from any Claims.
6. In consideration of the Publisher’s reviewing for acceptance, or acceptance of, any advertising for publication in any of the magazines, the agency and advertiser agree not to make promotional or merchandising reference to any of the magazines in any way without the prior written permission of the Publisher in each instance.
7. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions or the provisions of each magazine’s Rate Card will be binding on the Publisher and to the extent that the Terms and Conditions contained herein are inconsistent with any such conditions, these Terms and Conditions shall govern and supersede any such conditions.
8. The Publisher has the right to insert the advertising anywhere in the magazines at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of any magazine (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only and cannot be guaranteed. The Publisher’s inability or failure to comply with any such condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.
9. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue(s) of the magazines because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
10. Payments are due upon invoicing, all deposits for advertising spots are nonrefundable remaining balance is due 30 days prior to submission deadline . The Publisher reserves the right to change the payment terms to cash with order at any time. The advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the magazines.
13. All pricing information shall be the confidential information of Publisher and neither advertiser nor agency may disclose such information without obtaining Publisher’s prior written consent.
14. Any and all negotiated advertiser discounts are only applicable to and available during the period in which they are earned. Rebates resulting from any and all earned advertiser discount adjustments must be used within six months after the end of the period in which they were earned.
15. Special advertising production premiums do not earn any discounts .
16. Cancellation of any advertising must submitted in writing to email@example.com, refunds for prepayments will be given within 3 days of payments made. All deposits are nonrefundable. 40% refund will be given to all prepayments after the 3 day cancellation notice up until the 30 day deadline after which no refunds will be given.
17. All ad work, photos, or any other submission for print,web or such much have release signed and submitted to our editor at firstname.lastname@example.org or email@example.com, without release the submissions will not be included
***Location shoot! All deposits are non refundable.
40% of refund is available within 3 days of deposit . Refund will be made only if shoot is cancelled by Model Source Magazine excluding Acts of God. In cases where events are scheduled for future dates to to Acts of God Events deposits and prepayments will go towards the rescheduled event date
You agree to all terms and condition in release signed at time of shoot, no images will be released or printed in any publication without payment in full and signed release.
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