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Terms and Conditions

"?A 15% discount is awarded to accredited advertising agencies.
"?New accounts must prepay and file a credit application prior to space close for the first insertion. Accounts with approved credit must pay within 30 days of materials close date.
"?A 2% cash discount is allowed if payment is received with an order or if paid within 10 days of materials deadline.

General Conditions
1. Advertisements are accepted upon the representation that the advertiser and the agency have the right to publish the advertisement's contents. It is understood that the advertiser and the agency will indemnify and hold the publisher harmless from or against any loss or expense arising out of publication of such advertisements; including, without limitation, those resulting from claims of suit of libel, violation of rights of privacy, plagiarism, and copyright infringement.
2. Conditions other than rates are subject to change by the Publisher without notice.
3. All contents of advertisements are subject to the Publisher's approval. The Publisher reserves the right to reject or cancel any advertising for any reason at any time.
4. Unless agreed upon in writing, the positioning of all advertisements is at the discretion of the Publisher.
5. The Publisher shall have no liability for errors in key numbers, code numbers, the advertiser index, or ad copy typeset by the Publisher.
6. Advertising materials not received by closing date will not be entitled to the privilege of revision by the advertiser or its agency.
7. All insertion orders are accepted subject to provisions of our current rate card. Rates are subject to change upon notice from the Publisher. Should a change in rates be made, space reserved may be cancelled by the advertiser or its agency at the time the change becomes effective without incurring short-rate charges provided the advertisements published to the date of cancellation are consistent with the appropriate frequency or volume rate; advertiser or agency cancellation of space reservations in whole or in part for any other reason will result in an adjustment of the rate (short-rate) based on past and subsequent insertions (from the date in initial insertion of ads under the advertiser's current contract) to reflect actual space used.
8. The Publisher shall not be liable for any cost or damages if for any reason it fails to publish an advertisement.
9. The Publisher shall have the right to hold advertiser and/or its agency jointly and severally liable for such monies as are due and payable to the Publisher for advertising which the advertiser ordered and which was published.
10. The Publisher's liability is limited only to direct cost of the advertisement and not for indirect or subsequent damages due to loss of business or profit.
11. No conditions other than those set forth in this contract shall be binding on the Publisher unless specifically agreed to in writing by the Publisher. The Publisher will not be bound by conditions printed or appear on order blanks or copy instructions which conflict with provisions of the rate card.
12. Arbitration: Any claim or dispute hereunder shall, upon the demand by either party, be resolved by arbitration in Palo Alto, California in accordance with the rules of the American Arbitration Association. Any decision of the arbitrator shall be final and binding on the parties and may be entered as a judgment by any court of competent jurisdiction.

Billing Conditions
1. MAGAZINE ROP: 2-10, Net 30; a 2% discount is awarded for payment received within 10 days of the materials deadline. All payments are due within 30 days of the invoice date.
2. SHOWCASE: Payment due in full with materials and insertion order. Non-commissionable. No discounts apply.
3. Recognized agencies receive a 15% agency commission/discount. Agencies are not awarded the 15% commission/discount on overdue accounts.
4. New accounts must prepay and file a credit application prior to the space reservation deadline of their first insertion. (Remember to subtract the 2% prepayment discount!)
5. Advertisers and agencies are billed at the frequency rate under contract at the time the ad is ordered. There is no retroactive crediting of invoices for ads already placed under a lesser-frequency contract.
6. Invoices are rendered upon film shipment to the printer.
7. The Publisher reserves the right to refuse advertising to advertisers and agencies with overdue accounts. Overdue accounts will be charged a 1.5% per month (18% per year) finance charge, and are subject to collection.

No conditions, printed or otherwise, appearing on insertion orders, contracts, insertion instructions, or any other form of correspondence that conflict with these policies will be binding on the publisher.

NOTE: To expedite processing, please send facsimiles of Frequency Agreements and Insertion Orders. However, a signed hard copy original is required to be in the Publisher's hands before material close dates. Publisher requires a signed, publisher-produced insertion order, even if advertiser will be providing its own insertion order.

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