DMK Publications2021 Advertising Agreement
Terms and Conditions
Definitions
CommencementThis Advertising Agreement constitutes an agreement, by Advertiser, to advertise on Publisher's Site, to include creative production and campaign management services, selected by Advertiser and shall commence on today's date. Upon selecting to sign-up, Advertiser is bound to the Terms and Conditions as set forth in this Advertising Agreement. Proofs will be provided within 24 hours of Advertiser’s first payment and Copy submission. Advertising and Expertorials will appear online the same day as Publisher receives written approval of said proofs if received by 12:00 pm (ET) or the next day if received after 12:00 pm (ET). Publisher will make all reasonable efforts, in good faith, but shall have no liability for damages if Publisher fails to publish, or delays publishing of, Advertising, promotional content or Editorial.
Advertiser is responsibile to adhere to Publisher's guidelines, specifications and requirements, as set forth, in these Terms & Conditions to include, but not limited to: Advertising, Editorial, Copy, Proofs, promotional content and/or submissions, any and all services, paid or unpaid. Publisher is not liable and/or subject to legal action for any errors and/or omissions occurring, for any reason, during the term of service (Commitment Term, Self-renewing Term).
Publisher has the right to cancel or suspend current Advertising and Editorial and cancel scheduled space or Advertising designated to Advertiser for any account past due 30 days or more.
Fair Housing
Advertiser will not submit, or request Publisher to create or publish any advertising that fails to adhere to federal Fair Housing Advertising guidelines.
Disclaimers
Advertising and/or promotional disclaimers, required by law and/or any governing board, are the responsibility of the Advertiser. Advertiser shall not submit Copy without notification to Publisher, of any and all, of the following: required and/or suggested, industry specific, disclaimers, advertising specific -code of ethical standards and/or federal, state, city/municipal laws or regulations, if relevant diclaimers, requirements, regulations, laws or otherwise are not already included as part of the submitted Copy. Publisher is not liable or subject to legal action or reprimand for failure to include advertising disclaimers and/or adhere to Advertising regulations, requirements or laws and/or provide a Advertiser notification of said regulations, requirements, laws, or otherwise, for Advertiser's Advertising and/or Editorial on Publisher’s site. Publisher has the right to seek legal remedy from Advertiser for any action taken against Publisher for Advertiser's failure to perform according to this Advertising Agreement.
Directory Listings
Proofs are not provided for directory listings. Directory listings will be displayed online within 24 hours of Publisher’s receipt of ALL required copy. Advertiser will be automatically notified by email when the listing is online. Up to 3 changes can be made monthly by Publisher, at the request of Advertiser, and unlimited changes can be made by Advertiser independently through the Advertiser Control Panel, upon advertiser's written request for Publisher to set-up self-service features.
Proofs (Digital Display Ads & Expertorials)
Digital display ad & expertorial Proofs are provided within 24 hours of Publisher receipt of ALL content requested for respective Advertising. Each digital display ad will include up to 2 Proofs for Advertiser approval, with no additional cost. Additional Proofs will be provided for a $15 fee per issuance, paid at the time of service, at the discretion of the creative supervisor.
Content Specifications
Specification Sheets are provided, upon request, for Advertiser/agency supplied Advertising. Advertising Copy submitted that fails to adhere to Publisher's specifications will onlty be published if it meets the creative standards of the Site, at the sole discretion of the Publisher. Publisher provides no guarantee that print materials, submitted as copy, for use in the production of digital Advertising, or otherwise, will be accepted and/or result in the quality of production of like Advertising produced by Publisher. All Editorial, Copy or other content, intended for publishing purposes, supplied by Advertiser, must be free of any copyright, involved in any copyright infringement action or claim and must be Advertiser’s original work. or a work “made for hire”.
Copywrite
Advertiser will not submit any Advertising, Editorial or Copy that infringes any copywrite, trade mark, trade secret, patent or other proprietary rights of third parties.
Publisher is held harmless should any Advertiser Copy and/or submission be subject to or part of a copyright infringement lawsuit or claim. Unless otherwise stated in writing by Publisher, all editorial provided is part of an advertising package and restricted to the boundaries of the most current Advertising Agreement and offerings of the advertised package, selected at the time of sign-up or amenedment. Advertiser submissions do not constitute employment or contractor status for the Advertiser and/or representative(s) and are not part of the standard DMK editorial process. No fee is owed to Advertiser or paid, by or on behalf of Publisher, for any submission(s) provided, unless otherwise stated in writing, by Publisher. Editorial supplied to DMK is subject to editorial approval and editing based on specific guidelines, set forth and provided by Publisher, for such submissions. If changes are made, up to two proofs will be provided for Advertiser approval prior to publishing. Use of Creative ContentAll content produced by Publisher is wholly owned by Publisher. No content on Publisher's Site may be used, reproduced or published without the express, written consent from Publisher to include Advertising and Editorial created on behalf of Advertiser by Publisher.
Exclusivity
This Advertising Agreement does not include Advertiser exclusivity. Publisher does not practice exclusivity to Advertisers unless otherwise specified in a written agreement between Publisher and Advertiser.
Guaranteed Space
While some sections or digital publications included on this Site may include space reservation opportunities, this Advertising Agreement does not include guaranteed space. Publisher does not offer guaranteed space to Advertisers, unless otherwise specified, in a written agreement, by and between Publisher and Advertiser.
Guaranteed Placement
This Advertising Agreement does not include guaranteed placement. Publisher does not offer guaranteed placement to Advertiser,s unless otherwise specified, in a written agreement, by and between Publisher and Advertiser.
Rights of Refusal
Requests can be made for Rights of First Refusal for ad placement or space otherwise occupied by an active advertiser or Site content. No guarantees for requested space or placement are made by Publisher.
Geo-Targeted Ads
This Advertising Agreement may include geographically targeted ads as part of some Advertising packages. Publisher shall make reasonable efforts, in good faith, to geo-target digital display ads, but, no guarantee is made, by or on behalf of Publisher, that Advertising will target or omit specific cities, states, regions, zip codes, specific addresses, areas or locations. Publisher will not be liable or subject to lawsuit or reprimand for errors in advertising appearing outside of Advertiser’s desired geographically target areas or failing to appear in Advertisers’ desired geographically targeted area(s).
Amendments
Advertiser can amend this Advertising Agreement, limited to the following modifications: reselect the package or Commitment Term. The amendment(s) will take place on the first day of the next billing cycle of the most current Advertising Agreement (to include any previous amendments to the original Advertising Agreement). Any other agreements outside of these Terms and Conditions, in this Advertising Agreement, must be established in writing and executed by both Publisher and Advertiser.
Commitment Term Reduction Amendment
The Advertiser must provide 24 hours written notification, prior to Advertiser's next billing cycle, to initiate a reduced Commitment Term, for Advertiser's current Advertising package, as part of Advertiser's most current Advertising Agreement. This, herein is known as, the Commitment Term Reduction Amendment, established with written, dated and signed notification, from Advertiser to Publisher, requesting to reduce the commitment term. An initial fee is calculated by applying the difference between the rate based on Advertiser's current Commitment Term in the most current Advertising Agreement and the new reduced Commitment Term’s package rate advertised on the date of the accepted request for the amendment. The calculations, for the fee, are based upon the new package beginning on the first day of the next billing cycle. The new rate, based on the amendment, is charged on the first day of the next billing cycle and establishes the amendment to Advertiser's most current Advertising Agreement. Payments, fees, associated changes, submissions and/or requirements by Publisher, to publish Advertiser promotions, Editorial and Advertising on Publisher’s site(s), must be received and/or completed prior to 12:00 pm (ET) on the last day of the current billing cycle to be published on the first day of the next billing cycle. No whole or partial refund will be owed and/or provided to Advertiser, by Publisher, for Publisher’s delay applying associated changes to the most current Advertising Agreement, its corresponding rate and/or Advertiser’s promotions or Advertising by the first day of the next billing cycle, for any reason, to include Advertiser’s failure to provide 24 hours written notification of a Commitment Term Reduction Amendment and/or payment(s), associated changes, submissions and/or other requirements of Publisher, to publish.
Commitment Term Increase Amendment
The Advertiser must provide 24 hours written notification, prior to Advertiser's next billing cycle, to initiate an increased Commitment Term, for Advertiser's current Advertising package, as part of Advertiser's most current Advertising Agreement. This, herein is known as, the Commitment Term Increase Amendment, established with written, dated and signed notification, from Advertiser to Publisher, requesting to increase the most current Commitment Term. No fee is charged to Advertiser to establish an increased Commitment Term, associated with Advertiser's most current Advertising Agreement.. The new rate, based on the amendment, is charged on the first day of the next billing cycle and establishes the amendment to Advertiser's most current Advertising Agreement. Any and all associated changes, submissions or requirements, by Publisher, to publish, along with the revised payment, at the new monthly billing rate, must be received and/or completed prior to 12:00 pm (ET) on the last day of the current billing cycle, for Advertising to be published on the first day of the next billing cycle. No whole or partial refund will be owed and/or provided to Advertiser, by Publisher, for Publisher’s delay applying associated changes to this Advertising Agreement, its corresponding rate and/or in publishing Advertiser’s promotions, Advertising or modifications, by the first day of the next billing cycle, for any reason, to include, Advertiser’s failure to provide 24 hours written notification of: Commitment Term changes, payment(s), associated changes, submissions or requirements, by Publisher, to publish. The new Commitment Term will include Advertiser's total, whole months completed prior to the establishment of the Commitment Term Increase Amendment, at the rate of the most current Advertising Agreement. The remaining months satisfying the most current Advertising Agreement, with the Commitment Term Increase Amendment, will be at the current package rate advertised, on the date of the accepted request, for the selected term specified in the requested amendment. No whole or partial refund will be provided by Publisher to Advertiser for previous and/or current Advertising for a Commitment Term Increase Amendment to this Advertising Agreement.
Downgrade Amendment
The Advertiser must provide 72 hours written notification, prior to Advertiser's next billing cycle, to initiate a downgrade of Advertiser's current Advertising package, as part of the most current Advertising Agreement. This, herein is known as, the Downgrade Amendment, established with written, dated and signed notification from Advertiser to Publisher to initiate a downgrade. An initial fee to Advertiser to establish the Downgrade Amendment to the current Advertising Agreement is calculated by applying the difference between the rate for the current Advertising package and the selected, new Advertising package’s corresponding package rate advertised on the date of the accepted request for the amendment. The calculations for the fee are based upon the new package beginning on the first day of the next billing cycle. The new downgraded package and corresponding rate is charged on the first day of the next billing cycle. Any and all associated changes, submissions or requirements by Publisher, to publish, to include the downgrade fee and new monthly billing rate for Advertising must be received and/or completed prior to 12:00 pm (ET) on the last day of the current billing cycle to be published on the first day of the new billing cycle. No whole or partial refund will be owed or provided to Advertiser, by Publisher, for Publisher’s delay applying associated changes to Advertiser's current Advertising Agreement, its corresponding rate and/or in publishing the Advertising and/or Editorial as part of the new Advertising package on Publisher’s site(s) by the first day of the next billing cycle, for any reason, to include Advertiser’s failure to provide 72 hours written notification of downgrade, remittance of payment, submissions, changes or publisher's requirements to publish. If Advertiser provides 72 hours notification and payment for the changes, but fails to provide Advertising and/or Editorial Copy, written approval of Proofs and, any and all, Advertising and/or Editorial required by Publisher for the new Advertising package, Advertising and/or Editorial from the current Advertising package will be removed with no whole or partial refund owed or provided to Advertiser, from Publisher, if published content, as part of the orginal package, is not included in the new Advertising package until new or revised Advertising, Ad and/or Editorial copy and written approval of Proofs are received by Publisher, from Advertiser..
Upgrade Amendment
The Advertiser must provide 72 hours written notification, prior to Advertiser's next billing cycle to initiate an upgrade to Advertiser's current Advertising package, as part of this Advertising Agreement. This, herein is known as, the Upgrade Amendment and established with written, dated and signed notification, accepted by Publisher, from Advertiser requesting an upgrade to Advertiser's most current Advertising package. No fee is charged to Advertiser to establish an Upgrade Amendment to this Advertising Agreement. The new rate is charged on the first day of the next billing cycle and establishes the commencement of the amended Advertising Agreement. The new rate for the upgraded package is determined by the current, advertised package rate for the new package upgrade on the date the amendment is accepted by Publisher. Any and all associated changes, submissions or requirements by Publisher, to publish Advertising must be received and/or completed prior to 12:00 pm (ET) on the last day of the current billing cycle to be published on the first day of the new billing cycle. No whole or partial refund will be owed or provided to Advertiser by Publisher for Publisher’s delay applying associated changes to this Advertising Agreement, its corresponding rate and/or in publishing the Advertising, as part of the new Advertising package on Publisher’s site(s) by the first day of the next billing cycle, as a result of Advertiser’s failure to provide 72 hours written notification of upgrade (accepted by Publisher), remittance of payment, changes, submissions and/or requirements of Publisher to publish. If Publisher recieves Advertiser's 72 hour notice and revised payment, but Advertiser fails to provide changes, submissions or requirements of Publisher to publish any portion of the new Advertising package, Advertising from the most current Advertising package will be unchanged with no whole or partial refund owed or provided to Advertiser from Publisher for failure to create, modify and/or publish modified Advertising and/or Editorial until changes, submissions and/or Publisher's requirments to publish are received. The package upgrade will include Advertiser's total, whole months completed prior to the establishment of the Upgrade Amendment, at the rate of the original Advertising Agreement. The remaining months satisfying this Advertising Agreement with the Upgrade Amendment will be at the current package rate advertised for the selected package and term specified in the amendment. No whole or partial refund will be provided by Publisher to Advertiser for previous and/or current advertising for a Commitment Term Increase Amendment to the most current Advertising Agreement.
2021 Rate Lock Guarantee
Packages and corresponding rates for Advertising are based on the most current Advertising Agreement’s specified Commitment Term and chosen package, selected by Advertiser when signing-up. All annual packages and corresponding Advertising Agreement(s), self-renew without notice from Publisher. Rates based on 2021 Advertising Agreements will be guaranteed for life, to the Advertiser, with no rate increases, as long as advertising is concurrent and/or with no break in payment. If Advertiser cancels, is canceled or suspended from advertising with Publisher for any reason, then a new Advertising Agreement with the Site’s current advertised terms, restrictions, package details and rates (contingent upon availability) will be required to resume advertising and the Rate Lock Guarantee will no longer apply to the Advertiser, Advertiser's new package. This offer is non-transferable.All non-annual packages and corresponding Advertising Agreement(s), self-renew without notice from Publisher and are not eligible for the Rate Lock Guarantee.Self-renewing TermAdvertiser agrees to continue advertising upon completion of the Advertising Commitment Term of the selections made when entering into the most recent Advertising Commitment. The advertising term following the Commitment Term is, herein known as, the Self-renewing Term. Unless otherwise agreed upon, the rate upon completion is based on the current advertised rate listed on the Site for the Advertising Comitment Term listed on the most recent, completed Advertising Commitment. Upon otherwise specified, rates are subject to increase according to current advertised rates. If Advertiser originally agreed to a yearly payment plan, yearly payments will begin the first day following the last month of the most recent Advertising Agreement unless Advertiser selects a monthly term at least 30 days prior to the end of the most current Commitment Term,(for which advertiser will recieve the monthly rate for the same package or upgraded package as offered at the time of Advertiser's original Advertising Agreement). At which time, Advertiser will be on a monthly Advertising Commitment Term and will be bound to the Terms and Conditions, Cancellations by Advertiser, Self-renewing Term, "Monthly Payment Plans" instead of "Yearly Payment Plans". Unless otherwise specified, Advertiser will assume the advertised rate for the same package and discounted, yearly payment plan as detailed in the Terms & Conditions, Cancellations (Self-renewing Term) , Yearly Payment Plans of the most current Advertising Agreement.. If Advertiser originally agreed to a monthly payment plan, monthly payments will begin the first day following the last month of the most recent Advertising Agreement. Unless otherwise specified, advertiser will assume the advertised rate for the same package and discounted, monthly payment plan as detailed in the Terms & Conditions, Cancellations (Self-renewing Term), Monthly Payment Plans of the most current Advertising Agreement.Rate IncreasesAdvertising Agreements after December 31, 2021 will be subject to typical rate increases, at the discretion of the Publisher, and with written notice to Advertiser at least 30 days prior to increase.
Oustanding Balances
Advertiser authorizes Publisher to collect, sue, give releases for and in the name of Advertiser at Publisher's sole discretion, any amounts due to Publisher for Advertising, Promoting, services rendered and/or publishing content on the Site.If the Advertiser has an outstanding balance with the Publisher, typical invoicing fee’s are applied monthly at a rate of 1.05% per month, until the balance is paid-in-full or other outside collection activity commences.
Cancellations (Commitment Term) by Advertiser
Advertiser can cancel Advertising at any time with written notice. If the Advertising is canceled prior to the satisfaction of the current Commitment Term, a cancellation fee and $100 processing fee will be applied and collected at the time of cancellation. The cancellation fee is calculated by charging the difference between the rate for the current Commitment Term in the Advertising Agreement and the nearest, current advertised Commitment Term with corresponding package rate. All advertising, paid and unpaid will be removed from Publisher’s site(s) within 24 hours of written cancellation. Outstanding balances must be paid in full prior to cancel this Advertising Agreement.
Cancellations (Self-renewing Term) by Advertiser
Monthly Payment Plans If the Advertising Agreement’s Commitment Term has been satisfied and the advertiser wishes to cancel the most current Advertising Agreement while in the Self-renewing Term, all Advertising, paid and unpaid, will be removed from Publisher’s site within 24 hours of the last day of the current month of the Advertisers billing cycle. Written notice to cancel during the Self-renewing Term is required. No cancellation fee’s are charged. Outstanding balances must be paid in full prior to Advertiser cancelling Advertiser's Advertising Agreement.Yearly Payment Plans If the Advertising Agreement’s Commitment Term has been satisfied and the advertiser wishes to cancel this Advertising Agreement while in the Self-renewing Term, all Advertising, paid and unpaid, will be removed from Publisher’s site within 24 hours of the last day of the current month based on the date of the Advertisers yearly billing cycle. The Advertiser will be refunded the remainder of the annual Advertising Commitment, based on a yearly payment plan, minus the difference between the monthly cost of the yearly payment plan and the monthly cost of the monthly payment plan determined by the closest, completed monthly payment plan for the original advertising package.Written notice to cancel during the Self-renewing Term is required. No cancellation fee’s are charged. Outstanding balances must be paid in full prior to cancelling this Advertising Agreement.A prorated refund for any prepayment, beyond the current billing cycle or other predetermined date thereafter for a canceled contract, made by Advertiser, with Publisher's approval, will be issued within 30 days from the date of cancellation. Publisher approved refunds, for any other reason, will be made within 30 days from the date of cancellation. Refunds will only be issued directly to Advertiser.
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