No ads will be run without a signed contract agreeing to every provision of this policy. The signed contract must be in Professional Trade Publications, Inc.’s office by the space reservation closing date. Ads are noncancelable after the space reservation closing date. In order to receive frequency discounts, a signed contract must be on file with Professional Trade Publications, Inc. and the advertisers must meet payment terms as specified below. Any advertiser who fails to fulfill the contract will be rebilled without benefit of the agency discount.
1. Contract rates are based on the total number of insertions ordered at the time the contract is received by Professional Trade Publications, Inc.
2. Changes in size, frequency, color or position will void a contract, and a new contract with current rates will be created.
3. Any advertiser who voids a contract will be rebilled at the appropriate rate.
Materials and insertion orders must be received by the closing dates indicated within the editorial calendar. In the event that space is ordered and new materials are not received by the deadline, Professional Trade Publications, Inc. reserves the right to run a previous ad of equal size.
No cancellations will be accepted after the space reservation closing date indicated for each issue. Advertiser is responsible for payment of ads that were unsuccessfully cancelled.
1. Covers and premium positions are noncancelable.
2. Professional Trade Publications, Inc. reserves the right to give a better (farther forward or higher price) position than specified at no increase in rate.
3. Premium position requests will be accepted on a first-come, first-served basis. However, no guarantee is made unless the preferred premium position has been specified in the contract.
All first-time advertisers must submit payment with artwork. Purchase orders are not acceptable for first-time advertisers. All invoices must be paid within 30 days of the invoice date. Any overdue invoice may be referred to a collection agency. The expense of any collection activity shall be borne by the delinquent advertiser and shall include: court costs, attorney fees and costs, and assignment costs. Advertisers who do not pay an invoice within 90 days will void their contract and will be rebilled for all ads at the one-time rate with no agency discount. Advertiser has final responsibility for all payments. In the event that the agent (whether paid or otherwise) fails to pay the amount owed (for any reason), it will remain the responsibility of Advertiser to settle the account. Past Due amounts will be subject to a service charge of 11⁄2% per month.
Advertising is accepted subject to publisher’s approval and may be rejected at publisher’s discretion. Advertisers and their agents are liable for the content of advertisements and any claims arising therefrom.
Recognized agencies receive a 15-percent discount on space, color and position. Commissions are not allowed on other charges. Agency commissions will not be allowed on unpaid invoices over 90 days.
Professional Trade Publications offers a free reader service number and listing to all advertisers. Professional Trade Publications, Inc. shall not be liable for errors or omissions in reader response number or listings, nor does Professional Trade Publications, Inc. guarantee response rates.
Advertiser understands that the advertising rate has been provided in consideration for Advertiser’s agreement to the following terms:
1. Advertiser and their agents are solely responsible and legally liable for any damages arising from the content of their advertisement.
2. Advertiser warrants that the advertisement contains no defamatory matter or is otherwise harmful or infringes on any proprietary right (including trademark and copyright) or another. Advertiser also agrees to indemnify and hold harmless Professional Trade Publications, Inc. (publisher of PaintPRO and Concrete Decor) against any claim arising from the printing and publishing of the advertisement or for breach of any provision of this agreement. Advertiser specifically agrees to waive any right to bring action against Professional Trade Publications, Inc. for any injuries to Advertiser arising from any publication of the advertisement.
3. Should the advertisement contain any material that requires permission for inclusion in the advertisement, evidence of such permission will be attached hereto, and permission shall be obtained at Advertiser’s expense from the owner and delivered to Professional Trade Publications, Inc. within 10 days of the agreement for review. Whether such permission is sufficient shall be determined by Professional Trade Publications, Inc. If the permission is deemed insufficient, the material will not be included.
4. Advertiser agrees that this contract is made in Lane County, Oregon, and that any legal claims made pursuant to this agreement or against Professional Trade Publications, Inc. shall be governed by the laws of the state of Oregon and brought in Lane County, Oregon.
5. It is understood that nothing in this agreement is intended to create any agency relationship between Advertiser and Professional Trade Publications, Inc.
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