1. Advertisers may not cancel orders for, or make changes in advertising after the closing dates of the Journal.
2. The Company of Military Historians ("CMH") is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
3. The CMH may reject or cancel any advertising for any reason at any time. Advertisements simulating the Journal's content in appearance or style or that are not immediately identifiable as advertisements are not acceptable. CMH cannot accept advertisements from banks, insurance companies, or travel agents.
4. All advertisements are accepted and published in the Journal upon representation by the agency and advertiser, which representation each of the agency and advertiser shall be deemed to have made to the CMH upon placing an order or request for advertising in the Journal, that (i) the advertiser is authorized to sell the products and services mentioned in the advertisement, (ii) all prices, discounts, product availability and other information contained in the advertisement are complete and accurate and will be honored by the advertiser, and (iii) that they are authorized to publish the entire contents and subject matter thereof and that such publication (or availability) will not violate any law or infringe upon any right of any party, including, without limitation, any trademark, copyright or right of privacy or publicity. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the CMH harmless from and against any and all losses, liabilities, damages, costs and expenses (including without limitation, attorney's fees and amounts paid in settlement) arising out of the publication of such advertisement(s) in the Journal, including, without limitation, those arising from claims or suits for defamation, libel, breach of confidentiality, false or deceptive advertising or sales practices, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any and all similar claims known or hereafter created.
5. All ads must be prepaid in U.S. dollars. Money orders and checks are to be made out to the Company of Military Historians. International money orders/bank drafts must have a U.S. Federal Reserve routing number.
6. No conditions, printed or otherwise, appearing on contracts, orders, copy instructions or other documents from the agency or advertiser which conflict with, vary, or add to these terms and conditions or the provisions of the Journal's rate card will be binding on the CMH. These terms and conditions and the provisions of the Journal’s rate card (i) are the sole terms and conditions applicable to advertising in the Journal, (ii) supersede any and all other discussions, negotiations, understandings and agreements regarding such advertising, and (iii) may not be modified or amended except by an instrument in writing signed by one of CMH’s duly authorized officers expressly agreeing to such modification or amendment.
7. CMH has the right to insert the advertising anywhere in the journal at its discretion, and any condition on contracts, orders, copy instructions or other documents involving the placement of advertising within an issue of the Journal (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only and cannot be guaranteed. The CMH's inability or failure to comply with any such condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.
8. The CMH shall not be subject to any liability whatsoever for failure to publish or circulate all or any part of any issue of the Journal or for any other failure or delay in performance in connection with any advertising because of strikes, work stoppages, accidents, fires, floods, acts of God, acts of terrorism, war, civil disorder, riots, or any other circumstances not within the control of the CMH.
9. Agency Commission (or equivalent): 15% of gross advertising charges to recognized agents.
10. Ad copy is the sole responsibility of the advertiser. The editor will publish the most recently submitted advertisement from advertisers contracting for multiple issues, unless new material is provided by the closing date for a specific issue. All materials for advertisements must be submitted in accordance with the technical requirements set forth below.
11. If the CMH inadvertently omits advertising material from a scheduled issue, the CMH's liability is limited only to placing the material in the next available issue. In the event of any other errors or omissions in advertising, the CMH’s liability is limited only to refunding the advertising fee for the affected advertising or correcting the error or omission in the next available issue. The CMH will not be liable for consequential, incidental, indirect, special or similar damages.
12. THE CMH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY ADVERTISING IN THE JOURNAL OR ANY PRODUCTS OR SERVICES PROVIDED BY THE CMH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE CMH HEREBY DISLCAIMS THE SAME.
13. Cancellation of requirements must be submitted in writing and arrive prior to the issue closing date for a rebate to be received. Cancellations received after the closing date will not receive a rebate.
14. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law. Neither the agency nor the advertiser may assign all or any portion of its rights hereunder, or delegate or subcontract all or any portion of its obligations hereunder, without the prior written consent of the CMH. Any such assignment, delegation or subcontracting without the CMH’s prior written consent shall be null and void and of no force or effect. These terms and conditions shall be binding upon and shall inure to the benefit of the CMH, the agency and the advertiser and their respective successors and permitted assigns. |
