General Advertising Terms and Conditions
The following are certain general terms and conditions governing advertising published in TIME Magazine and affiliated websites on the World Wide Web of the Internet (the "Web"). Except as otherwise noted, the information will apply to both the Magazine and the website (either or both referred to herein from time to time as the "Publisher").
1. Rates set forth in this book are effective with the cover date issue of January 1, 2004. An announcement of any increase in rates will be made at least seven weeks in advance of the issue date of the first issue to which such rates will be applicable (for the Magazine) and in advance of the date by which such rates will be applicable (for the website), except in cases where rates may be adjusted because of currency exchange fluctuations. If Publisher fails to deliver the number of impressions set forth in the applicable insertion order, Publisher will in its sole discretion and as Advertiser's sole and exclusive remedy, either provide a "make good" by running Advertiser's advertisements for a longer period of time until the number of impressions is met, or refund to Advertiser on a pro rata basis the fees paid for any impressions not delivered by Publisher.
2. Member of Audit Bureau of Circulation.
3. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine, without express permission from TIME Advertising Production. For the websites, advertising orders shall be non-cancelable after a date, specified in the Magazine or affiliated website rate card or on the website, prior to the first date on which the advertising is scheduled to appear on the website and through the advertising period agreed to pursuant to the insertion order.
4. The Publisher 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.
5. The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating the Magazine's or website's editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable. The website reserves the right to reject or cancel any advertising and / or linkage to an advertiser's website for any reason at any time, including without limitation, as a result of linkages to other websites included in the advertiser's website.
6. All advertisements are accepted and published in TIME (or made available on the website) upon the representation by the agency and advertiser 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. In consideration of the publication of advertisements (or placement of advertisements on the websites and any linkage to the advertiser's website), the advertiser and agency will, jointly and severally, indemnify, defend, and hold harmless the Publisher from and against any and all losses and expenses (including, without limitation, attorney's fees) arising out of the publication of such advertisements in TIME (or appearance of such advertisements on the website or on the advertiser's website as linked through the website), including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any similar claims now known or hereafter devised or created.
7. It is understood that the advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in TIME or made available on the website. In consideration of the Publisher's reviewing for acceptance, or acceptance of, any advertising for publication in TIME (or for placement on the website, or any linkage to the advertiser's website), the agency and advertiser agree not to make promotional or merchandising reference to the Magazine or the website in any way without the prior written permission of the Publisher in each instance.
8. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these terms and conditions or the provisions of TIME Magazine and affiliated websites' rate card will be binding on the Publisher. Publisher has the right to insert the advertising anywhere in the Magazines or on the websites at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of TIME (such as page location, competitive separation or placement facing editorial copy) or on the website will be treated as a positioning request only and cannot be guaranteed. The Publisher'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.
9. 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 of TIME (or for any failure to provide reference or access to all or any part of the advertising on the websites) because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher. The Publisher shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the advertising on the website due to systems failure or other technological failures of the website or the Web.
10. A 5% margin must be allowed in the circulations of the Magazine in all regional, metro and demographic editions and in the distribution of insert cards and split runs.
11. The advertiser acknowledges that it is generally familiar with the nature of the Web and the proposed uses thereof. In addition, the advertiser acknowledges that Publisher may use a third party to serve advertisements on the website and, if applicable, grants Publisher the right to deliver to such third party the advertiser's advertisements to serve on the website. If applicable, the advertiser and agency assume the same indemnification obligations with respect to such third party as they do for the Publisher as described above. Advertiser agrees that neither it nor its agency will collect any data through "cookies" or other means through any advertisements submitted by the advertiser or its agency and served by Publisher on the website.
12. Publication date every Monday (Wednesday in South Pacific).
13. Invoices are rendered on or about the on-sale date of the Magazines or for the websites, the first date on which the advertising is scheduled to appear. Payments are due within 20 days from the date of invoice. All payments must be made in the currency stated on the invoice. All rates are quoted and payments due, free of all withholding, taxes and duties except taxes of the United States of America where applicable.
14. With the exception of TIME EMEA all rates are quoted in US dollars.
15. Plate changes in the Magazine: possible only within the established regional edition structure and must conform to the frequency cycle and the unit-size stipulations of the editions involved. Plate change costs are available upon request.
16. Premium charges for split runs, gatefolds and other special units, are not commissionable and do not earn discounts.