Advertising Terms & Conditions
The following terms and conditions govern advertising components in all J Rations media, including J Rations magazine, J Rations CD and J Rations Web site as published by Outgate Media, Inc. All J Rations media comprising the J Rations magazine, J Rations CD and J Rations Web site is hereafter referred to collectively as J Rations.
Submission of insertion orders for placement of advertising in J Rations constitutes acceptance of the following terms and conditions. No terms or conditions in any insertion orders, instructions or documents other than those produced by Outgate Media, Inc., will be binding on Outgate Media, Inc., unless Outgate Media, Inc., agrees to such terms and conditions in writing.
Outgate Media, Inc., reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted.
Submission of an insertion order by an advertising agency on behalf of an advertiser constitutes the agency’s agreement to pay all invoices for placement of advertising in J Rations pursuant to the insertion order. Submission of an insertion order constitutes agreement that the advertiser guarantees prompt and full payment for such advertising in the event of material default by the agency. Agency and advertiser are jointly liable for the payment of all invoices arising from placement of advertising in J Rations.
Outgate Media, Inc., does not accept responsibility for the quality of any advertisement supplied by the advertiser or its agent which does not meet Outgate Media, Inc.’s mechanical specifications and/or is not provided by the stated deadline. Outgate Media, Inc., reserves the right to alter any film, mechanical, digital file, text message or other material which does not meet said specifications. In the absence of a suitable advertisement, Outgate Media, Inc., may create a new graphic and/or text advertisement based on its best knowledge of the advertiser’s product or service. The advertiser or its agent will be charged for all production work, including graphic art and design services, digital work and copywriting. Services provided by Outgate Media, Inc., will be billed at the prevailing rates. Mechanical and production costs are not subject to agency commission.
Advertisers may not cancel orders for, or make changes to, advertising after the issue closing dates.
Cancellation of orders for special advertising units as noted in the current media kit will not be accepted after the date forty (40) days prior to the issue closing dates.
Outgate Media, Inc., is not liable for any failure or delay in printing, publishing or circulating any copies of the issue of J Rations in which advertising is placed pursuant to an insertion order that is caused by, or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Outgate Media, Inc.’s control.
Outgate Media, Inc., is not liable for any failure or delay in publishing in J Rations any advertisement submitted to it, nor for any costs or damages resulting from an advertisement not being pubished. Outgate Media, Inc., does not guarantee positioning of advertisements in J Rations, is not liable for failure to meet positioning requirements, and is not liable for any errors.
The liability of Outgate Media, Inc., for any act, error or omission for which it may be held legally responsible shall not exceed the cost of the advertising space affected by the error. In no event shall Outgate Media, Inc., be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
Outgate Media, Inc., shall not be liable to the advertiser for damages of any kind, including but not limited to direct, indirect, special, consequential, exemplary, punitive or reliance damages, for any reason whatsoever, including without limitation typographical or other errors contained on any advertisement, for Web site downtime or for modifications made to any advertisement caused by unauthorized access to the Web site by third parties.
There shall be no refunds of advertising fees for the removal of an advertisement from the Web site by Outgate Media, Inc., pursuant to the terms of the Web Site Advertising Policy Statement or if an advertiser desires to remove an advertisement from the Web site prior to the expiration of the advertisement period. Outgate Media, Inc., shall refund the prorated portion of the advertising fees if the advertisement is removed by Outgate Media, Inc., for any other reason. Outgate Media, Inc., reserves the right to change the advertising fees at any time.
Outgate Media, Inc., is not responsible for the accuracy of advertising copy given verbally.
Should the advertiser or advertising agency fail to supply advertisement material of an acceptable standard or instructions by the specified copy deadlines for any issue or edition, and has not cancelled or amended the issue date as originally made, Outgate Media, Inc., reserves the right to charge the full cost of the advertisement.
Advertiser and advertising agency each represents and warrants that each advertisement submitted by it for publication in J Rations contains no copy, illustrations, photographs, text or other content that may result in any claim against Outgate Media, Inc. Advertiser and advertising agency each shall indemnify and hold harmless Outgate Media, Inc., from and against any damages and related expenses (including attorneys’ fees) arising from the content of advertisements, including, but not limited to, claims of invasion of privacy, unauthorized use of names or pictures of persons living or deceased, trademark infringement, copyright infringement, libel, misrepresentation, and for any and all losses (including attorneys’ fees) resulting from Outgate Media, Inc., exercising its right to refuse publication of submissions from the advertiser and advertising agency.
Positioning of advertisements is at the discretion of Outgate Media, Inc., except where a request for specific preferred position is agreed to by Outgate Media, Inc., in writing. If Outgate Media, Inc., agrees in writing to any positioning or other specifications, restrictions or requirements, Outgate Media, Inc., wil provide notice of any material changes that would significantly effect the agreed-upon terms. Should such a modification occur, with or without notice, as the advertiser’s sole remedy, the advertiser may cancel the remainder of the order without penalty effective upon receipt by Outgate Media, Inc., of the advertiser’s written notice of cancellation and the advertiser will not be charged for any advertisements delivered after the effective date of cancellation.
The word “advertisement” will be placed above all advertisements that, in the opinion of Outgate Media, Inc., might be confused with or perceived as editorial.
Only these terms and conditions, and the J Rations rate card shall be binding on Outgate Media, Inc., the advertiser and the advertising agency. Outgate Media, Inc., shall not be bound by any conditions appearing on the advertiser’s insertion orders, agency forms, copy instructions, or otherwise which conflict with the provisions appearing in this contract and the applicable Outgate Media, Inc., rate card.
Invoices are rendered on or about the printing date of J Rations print and CD media. Web site advertisements and sponsorships are invoiced for the full value of the booking on the first day of the campaign appearing on the Internet. Payments are due within 30 days from the billing date, payable in United States currency. Outgate Media, Inc., reserves the right to change the payment terms to cash with order at any time. Should any invoice remain unpaid after 30 days from the billing date, Outgate Media, Inc., reserves the right to charge interest on the outstanding invoice at the rate of 2 percent per month, until payment is actually received. If payment is not made for Web site advertisements within 30 days from the billing date, Outgate Media, Inc., reserves the right to terminate the agreement immediately and withdraw the advertisement from the Web site.
Outgate Media, Inc., may charge to the advertisers’ or advertising agents’ account the cost of enforcing any of its rights against the customer for nonpayment of outstanding debts in accordance with Outgate Media, Inc.’s credit terms, including any expenses incurred by reason of the customer’s breach of these conditions. Should Outgate Media, Inc., refer an outstanding account to either a debt collection agency or solicitors for collection, any further business to be transacted with that customer would be handled on a pro forma basis.
Rates are based on gross production run effective with Standard Issue 1. The rates and conditions of advertising in J Rations are subject to change without notice.
Agency commission (or equivalent): 15 percent of gross advertising charges to recognized agents.
Web Site Advertising Policy Statement
J Rations serves a family-oriented market whose main interest is the Jeep off-roading lifestyle. This includes all things related to all generations and models of the vehicle and the outdoor pursuits that accompany this lifestyle. Outgate Media, Inc., reserves the right to refuse advertising that contains objectionable material, including but not limited to text and/or images regarded as obscene, vulgar, slanderous, racist, sexist or hateful. Advertising containing images or language depicting sexuality, nudity, tobacco or alcohol is also unacceptable.
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