The following are certain terms and conditions governing advertising in the digital editions of magazines published by Meredith Corporation ("Publisher"), including Straight from Print ("SFP "), Straight from Print Plus ("SFP+"), Designed for Tablet (" DFT ") and Enhanced for Tablet ("EFT") editions (each, a "Digital Edition"), as they may be distributed throughout the world. These terms and conditions may be revised by Publisher from time to time, and are effective with the October 2012 issue date of each such magazine ("Magazine"). For the latest version of these terms and conditions, go to www.meredithtabletmedia.com. Submission of an insertion order for placement of advertising in any Magazine constitutes acceptance of the following terms and conditions for all Digital Editions of such Magazine. No terms or conditions in Meredith’s Digital Edition Media Kit or any insertion orders, reservation orders, blanket contracts, instructions or documents that conflict with or alter these terms and conditions will be binding on Publisher.
1. National advertisements of any size published in the bound pages of the print edition of a Magazine will be published in SFP and SFP+ editions unless agency or advertiser opts out in writing, either on the insertion order or via email, by no later than the close date of each Magazine print issue. If no such notice is given to Publisher, the advertisement will appear in the corresponding SFP and SFP+ editions as an SFP advertisement.
2. National advertisements of a full page or greater published in the bound pages of the print edition of a Magazine ("Qualifying Ad") will be published in a DFT or EFT edition unless agency or advertiser opts out in writing, either on the insertion order or via email, by no later than the close date of each Magazine print issue. If no such notice is given to Publisher, the Qualifying Ad will appear in the corresponding DFT or EFT editions as an SFP advertisement.
3. Advertisements that are not Qualifying Ads, including, but not limited to, regional ads, fractional ads less than 1/3 page, scent strips and business reply cards, shall not run in the DFT or EFT editions unless Publisher agrees to separate terms in writing. Advertisements less than a national full page and at least 1/3 page in the print issue of a Magazine may be eligible for inclusion in DFT and EFT editions only if agency or advertiser pays a non-commissionable space fee and provides new creative for a full-page DFT or EFT advertisement. Advertisements that are multiple page inserts in the print issue of a Magazine may be eligible for inclusion in DFT editions only if agency or advertiser provides a DFT advertisement to the Publisher.
4. Opt-outs apply to publication and distribution of the Digital Editions across all Tablets and newsstands.
ADVERTISING DISPLAY AND ACTIVATION
1. Placement of a national advertisement in the print issue of a Magazine is required for the placement of such advertisement in the corresponding Digital Edition(s). Creative for any advertisement placed in a Digital Edition must feature the same product and brand as the corresponding print advertisement.
2. Advertisements greater than a national full page and less than two (2) full pages (e.g., one and 1/3 pages) in the print issue of a Magazine will run in the corresponding DFT and EFT editions with the fraction of the second page stitched on the right unless agency or advertiser requests otherwise in an insertion order.
3. Publisher will attempt to keep a similar running order of advertisements in the Digital Edition as in the corresponding print edition of each Magazine, but Publisher does not guarantee positioning of advertisements and is not liable for failure to meet positioning requirements. PUBLISHER WILL TREAT ALL POSITION STIPULATIONS BY ADVERTISER OR AGENCY AS REQUESTS. Final positioning of advertising in the Digital Editions is subject to Publisher’s approval and supersedes any instructions on insertion orders, contracts or copy instructions.
4. Publisher shall use the ad creative provided by agency or advertiser for the print issue of a Magazine for an SFP advertisement in the corresponding DFT and EFT editions. If an advertiser wishes to include an SFP+, DFT or EFT advertisement in a DFT or EFT edition, it must so indicate prominently on the insertion order by the close date of the applicable Magazine print issue and pay the applicable production, creative and media fees.
5. Digital Editions cannot accommodate ad copy splits.
6. In the event an advertisement placed in an SFP+, DFT or EFT edition contains one (1) or more URLs, Publisher shall not activate such URL unless advertiser requests such activation on an insertion order and pays the associated production fees. Publisher will not accept tracking pixels but will accept URL tracking redirects in such advertisements.
FEES AND PAYMENT
1. Publisher may require payment for advertising upon terms determined by Publisher prior to publication of any advertisement in a Digital Edition.
2. Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in any Digital Edition and for all costs of collection of late payment. If an account is placed with a collection agency or attorney for collection, all discounts will be rescinded or become null and void and the full advertising rate shall apply.
3. Invoices for the Digital Editions are rendered on or about the on-sale date of each Magazine print issue. Payments are due within ten (10) days after the billing date, with the following exceptions: for all advertising not placed through a recognized agent, payments must be received no later than the close date of each Magazine print issue. Prepayment is required if credit is not established prior to ten (10) business days prior to the close date of each Magazine print issue. All payments must be in United States currency.
4. Rates for Digital Editions are based on established media fees and are not subject to any agency commissions. No agency commission is payable, and Publisher will not grant any discounts on creative fees or production charges.
5. Digital Edition media fees contribute to but do not earn corporate discounts. Digital Edition production and creative fees do not contribute to corporate discounts.
CANCELLATION AND CHANGES
1. Publisher expressly 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. In the event of cancellation for default in the payment of bills, charges for all advertising published as of the cancellation date shall become immediately due and payable.
2. Advertisers may not cancel orders for, or make changes to, advertising in the Digital Editions after the close date of any Magazine print issue. In the event Publisher accepts cancellation after such deadline, such acceptance by Publisher must be in writing, and such cancellation may be subject to additional space and production charges at Publisher’s discretion.
3. The conditions of advertising in the Digital Editions are subject to change without notice. Publisher will announce ad rate changes thirty (30) days prior to the closing date of the print issue of a Magazine in which the new rates take effect. Orders for subsequent issues will be accepted at the then-prevailing rates.
1. Publisher is not liable for any failure or delay in publishing, distributing or circulating any Digital Edition in which advertising is placed that is caused by, or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Publisher’s control.
2. Publisher is not liable for any failure or delay in publishing in a Digital Edition any advertisement submitted to it.
3. The liability of Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the media and production fees of the advertisement affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
1. Agency and advertiser jointly and severally represent and warrant that each advertisement submitted by it for publication in any Digital Edition, including, but not limited to, those for which Publisher has provided creative services, contains no copy, illustrations, photographs, text or other content or subject matter that violate any law or infringe on any right of any party. As part of the consideration and to induce Publisher to publish such advertisement, agency and advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any loss, liability damages and related expenses (including attorneys’ fees) (collectively, "Losses") arising from publication of such advertisement in Digital Editions, including, but not limited to, (a) claims of invasion of privacy, violation of rights of privacy or publicity, trademark infringement, copyright infringement, libel, misrepresentation, false advertising, or any other claims against Publisher (collectively, "Claims"), or (b) the failure of such advertisement to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States or any of the states or subdivisions thereof. Publisher bears no responsibility or liability with respect to advertiser’s or agency’s failure to obtain any rights, consents or releases.
2. In the event the Publisher provides contest or sweepstakes management services, email design or distribution or other promotional services in connection with advertisements placed in any Digital Edition, agency and advertiser jointly and severally represent and warrant that any materials, products (including, but not limited to, prizes) or services provided by or on behalf of agency or advertiser will not result in any claim against Publisher. As part of the consideration and to induce Publisher to provide such services, agency and advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any Losses arising from such materials, products or services, including, but not limited to, those arising from any Claims.
3. Publisher’s acceptance of an advertisement for publication in any Digital Edition does not constitute an endorsement of the product or service advertised. In consideration of Publisher’s reviewing for acceptance, or acceptance of, any advertising for publication in any Digital Edition, agency and advertiser agree not to make promotional or merchandising reference to any Digital Edition without Publisher’s prior written permission in each such instance. No advertiser or agency may use a Magazine’s name or logo in any manner without Publisher’s prior written permission for each such use.
4. All advertisements that are not clearly identifiable as advertisements in Publisher’s discretion must be labeled "advertisement" or "advertising."
5. All pricing information shall be the confidential information of Publisher, and neither agency nor advertiser may disclose any such information without obtaining Publisher’s prior written consent.
6. This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts with laws or provisions. Any civil action or proceeding arising out of or related to this agreement shall be brought in the courts of record of the State of New York in New York County or the U.S. District Court for the Southern District of New York. Each advertiser and its agency consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts.