ADDITIONAL TERMS & CONDITIONS
1. Rates. All advertising purchased will be at the rates and on the terms indicated on this Agreement, or on Publisher’s current rate cards which are incorporated into this Agreement if no rate is indicated.
2. Deadlines: Cancellations, changes of insertion dates, and/or corrections must be made before the publishing deadline for the advertisement. Advertisements may only relate to Advertiser’s business, and neither Advertiser’s rights nor obligations hereunder may be assigned to unaffiliated parties. No cancellation is valid unless, in addition to any other restriction herein relating to cancellation, the cancellation is timely sent by email to adstatus@reviewjournal.com.
3. Payment. Advertiser will pay the total amount owed to Publisher in advance or within the time period indicated on Publisher’s invoice.
4. Termination by Publisher. Publisher may reject any advertising order and/or immediately terminate this Agreement upon notice to Advertiser for any of the following reasons: (a) if Advertiser fails to make payment in advance or by the date specified in Publisher’s invoice; (b) if a petition in bankruptcy or for reorganization under the bankruptcy or insolvency laws is filed against Advertiser; (c) if Advertiser ceases doing business or Publisher believes Advertiser is likely to cease doing business; or (d) in the opinion of Publisher, the credit of Advertiser is impaired.
5. Indemnification. Advertiser and advertising agency signatory to this Agreement (“Agency”), if any, agrees or agree to hold Publisher harmless and indemnify Publisher from any and all claims, suits, damages, and expenses of any nature whatsoever, including, without limitation, attorney’s fees, for which Publisher may become liable because of the contents of the Advertiser’s advertising or otherwise as a result of Publisher’s distribution of or refusal to distribute or publication of or refusal to publish Advertiser’s advertising, or because of Advertiser’s unauthorized publication or distribution of advertising owned by Publisher.
6. Production Errors. Advertiser may not claim a breach of, terminate or cancel this Agreement if advertising copy is incorrect or contains errors of any kind, or because of a failure to publish, insert, or disseminate any advertising, nor is Publisher liable to Advertiser for any loss or damage that result therefrom. Publisher agrees to run corrective advertising for that portion of the first publication, insertion or dissemination that may have been rendered valueless by error, unless such error arose after the advertisement had been confirmed by Advertiser or Advertiser submitted the advertisement after deadline. Any claim for adjustment due to errors must be made within the time period stated on the applicable rate card or, if none, within 36 hours after dissemination. Credit for errors in advertising will not exceed the cost of the space occupied by such error, and will not exceed the percentage of incorrect preprint or digital advertising delivered or viewed. On multiple insertions, credit for errors will not be given after the first insertion. Publisher shall not be liable for any monetary claim or consequential damages arising from error in advertising. In addition, any changes or claims of error must be communicated no later than in advance of the deadline for any second insertion, if there is more than one.
7. Advertising Agencies. Any Agency that places advertisements and receives statements for its customer is acting as an agent for Advertiser. Agency agrees to be jointly and severally liable with Advertiser for any amount required to be paid to Publisher under this Agreement. Except as set forth above, Agency and Advertiser remain fully responsible for all obligations and liabilities under this Agreement. All disclaimers contained in Agency insertion orders or contracts as “agency for” are void and superseded by this Agreement.
8. Ownership. Each party owns all advertising copy that represents the creative effort of that party and/or utilization of creativity, illustration, labor, composition or material furnished by it including, without limitation, all copyrights. Neither party may use in any manner, nor allow third parties to use in any manner, advertising copy owned by the other party in any other advertising medium without the owning party’s written consent. The foregoing notwithstanding, Publisher may license use of full-page or partial-page copies of its materials even if they include advertising copy owned by Advertiser.
9. Taxes. Advertiser is responsible for payment of all federal, state and local taxes imposed on the printing, publication or dissemination of advertising material or on the sale of advertising placed by Advertiser.
10. Brokered Advertising. Publisher does not accept local brokered advertising.
11. Assignment. Advertiser may not assign its advertising space or this Agreement to third parties.
12. Advertising Content. Publisher may reject or edit at any time any of Advertiser’s advertising. All advertising positions are at the option of Publisher, unless a particular position is purchased by Advertiser. Failure to meet position requests will not be a breach or constitute cause for adjustment, refund, rerun, termination or cancellation of the Agreement.
13. Compliance with Fair Housing Act and Other Laws. The federal Fair Housing Act prohibits advertisements that indicate any preference, limitation or discrimination because of race, color, religion, sex, disability, familial status or national origin. Advertiser agrees to comply with the Fair Housing Act, as well as all federal, state and local laws.
14. Excusable Delays. Publisher will not be liable for any damages related to delay or inability to perform due to causes beyond its control. Publisher’s performance of its obligations under this Agreement will be suspended during such a delay or inability to perform and will not constitute a breach of this Agreement. Advertiser may terminate this Agreement if Publisher’s delay or inability to perform lasts more than thirty (30) days.
15. No Waiver. Publisher’s failure to insist upon the performance by Advertiser of any term or condition of this Agreement or to exercise any of Publisher’s rights under this Agreement will not result in any waiver of Publisher’s rights or Advertiser’s obligations in the future.
16. Miscellaneous. Advertiser agrees to pay Publisher for all expenses incurred by it to collect any amounts payable under this Agreement, including, without limitation, costs of collection, court costs and attorney’s fees. This Agreement will be governed by the laws of the state of Nevada without reference to that state’s choice of law provisions, and all actions to enforce or interpret this Agreement must be brought in Clark County, Nevada, the jurisdiction of which Advertiser and Agency consent. All covenants and agreements of the parties made in this Agreement will survive termination or expiration of this Agreement. This Agreement, any Addendums, and Publisher’s current rate cards constitute the entire agreement between the parties and supersede any prior agreements relating to the subject matter of this Agreement. This Agreement may only be amended in writing signed by both parties. By signing this Agreement, the signatory for Advertiser certifies the signatory has the authority to enter into this Agreement on behalf of Advertiser.
17. Early cancellation. Client may terminate agreement after 90 days with 30-day written notice and emailed to adstatus@reviewjournal.com