1. Advertisements which in the sole discretion of the Publisher create the illusion that they are editorial matter are not accepted. The word "advertisement" shall be printed at the top of all advertisements which either carry no signature or resemble editorial material. Publisher reserves the right to reject or cancel any advertising, for any reason or no reason, at any time, without advance notice. In such event, the advertiser and agency (if any) agree that they shall be entitled solely to the return of any monies theretofore paid for any advertisement that is not published, and they hereby release and discharge ESPN The Magazine and its parent, subsidiary and affiliated persons from any and all liability of any nature beyond the return of such monies.
2. The advertiser and its agency, if there be one, each represents that it not only has the right to authorize the publication in ESPN The Magazine of any advertisement it has submitted to ESPN The Magazine, but that it is fully authorized and licensed to use all materials in the advertisement including without limitation (i) the names and/or portraits of pictures of persons living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary or otherwise private material; and (iii) any testimonials, contained in any advertisement submitted by or on behalf of the advertiser and that the advertisement does not infringe the rights of any person or firm. The advertiser and its agency, if there be one, each agrees jointly and severally, to indemnify and save harmless Publisher, and each of its respective parent, subsidiary and affiliated entities and persons, against all loss, liability, damage and expense of whatever nature (including reasonable attorney's fees) arising out of copying, printing or publishing of such advertisement.
3. In the event of nonpayment, Publisher shall have the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to Publisher. Rendering a bill to the advertiser's agency shall not release the advertiser in the event of nonpayment by the agency. Payment by the advertiser to its advertising agency will not constitute payment unless payment is actually received by Publisher. In the event of nonpayment, Publisher will have the right to set off any amounts due to Publisher from any amounts due to advertiser or agency.
4. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue or issues because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
5. In consideration of the Publisher's reviewing for acceptance, or acceptance of, any advertising for publication, the agency and advertiser agree not to make any promotional or merchandising reference to ESPN in any way except with the express permission of the Publisher for each such issue. No permission or license to use any trademark, tradename, copyright, character or other intellectual property of ESPN, Inc. or any of its affiliates is to be inferred from these provisions.
6. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with the provisions of this rate card will be binding on the Publisher. It will be assumed any advertiser will have read this rate card and agrees to and accepts its terms and conditions.
7. Any covers or fixed position orders accepted by Publisher are noncancelable after 90 days prior to closing date.
8. Publisher is not responsible for errors in key numbers or changes made after closing dates. Publisher is not responsible for advertisements backed by another advertisement with a coupon or overlaid by a reply card.
9. If the closing date falls on a Saturday, Sunday or holiday, the closing date shall be the working day immediately following the scheduled closing date.
10. Commissions and Terms
a. Agency commission: 15% of gross
b.Terms: 30 days, net
c. Bills are rendered immediately following the national on sale date
d. Late payments subject to 1 1/2% per month carrying charge.
e. All rates are quoted and payment due in U.S. dollars, free from all withholdings, taxes and duties.
f. Rates charged and discounts allowed are subject to short rate or rebate if rates or discounts used differ from space actually used.
g. Orders for specific units of space and specific dates of insertion are necessary.
