1. The transmittal of an advertising order constitutes acceptance of all NJM rates and contract conditions in effect at the time the order is received.
2. Conditions; printed or otherwise, inserted by the advertiser or advertising agency on the contract order or copy instructions will not be binding on the publisher to the extent the inserted text conflicts with the publisher’s contract conditions and copy requirements.
3. Contracts or advertising orders must be signed by an authorized representative of the advertiser or advertising agency and must specify a definite schedule of insertions, issues and space.
4. The terms of this contract supersede any prior written or verbal agreements.
5. The publisher reserves the right to terminate this contract if authorization to publish the first insertion is not received within three months from the date of this contract.
6. The publisher shall have no liability for delays in copy production, publication or distribution caused by labor job actions, strikes, accidents, fires, acts of God, or any other occurrence beyond the publisher’s control.
7. The advertiser may not assign its rights to use advertising space unless authorized in writing by the publisher.
8. Orders that do not correspond in price or otherwise with the publisher’s rate schedule will be deemed a clerical error and acceptance will only be based upon the publisher’s rate schedule, contract conditions, and copy requirements without further notice.
9. The terms of this advertising contract will not extend beyond one year from the date of the first advertising insertion.
10. The publisher reserves the right on written notice to increase or change its advertising rates and conditions. The new rates and conditions shall become effective thirty (30) days after mailing of notice of the change, unless within the thirty (30) day period the advertiser or advertising agency delivers written notice terminating this contract.
11. By submission of advertising copy, the advertiser and/or advertising agency represent (i) it has the authority to publish the entire contents and subject matter thereof, (ii) all claimed test results have been independently verified and (iii) it has obtained the consent to use in the advertisement the name, picture and/or testimonial of any living person that is contained therein.
12. The advertiser and advertising agency agree to indemnify and save publisher harmless from and against any loss, expense or other liability resulting from any claim or suits of libel, violation of right of privacy, plagiarism, copyright infringement and other claims or lawsuits that arise out of the publication of advertisements under this contract, including without limitation reasonable attorney’s fees resulting from such claims or lawsuits.
13. Publication of all copy, text and illustrations is subject to the publisher’s approval before execution of the order, and the publisher retains the right to reject or exclude copy that is deemed unethical, misleading, offensive, in bad taste, or detrimental to the public health or interest; otherwise incompatible with the character of the publication; or does not meet the standards of the Federal Trade Commission, whether or not same has been previously accepted and/or published. In the event of such cancellation or rejection by the publisher, the advertising already run shall be paid for or billed at the rate provided for in the order.
14. When a request for change of copy is not received by the materials closing date, copy run in previous issue will be inserted.
15. The word “advertisement” will be placed with copy that, in the publisher’s opinion, resembles editorial matter. The right is reserved to insert the word “advertisement” above or below any copy.
16. The publisher’s liability for any error will not exceed the advertising charge for the space occupied by the erroneous advertisement.
17. The publisher assumes no liability for errors in key numbers.
18. The publisher reserves the right to notify the advertiser twenty (20) days in advance if for any reason it becomes necessary to omit an advertisement from a particular issue of NJM. The publisher shall not be liable to the advertiser/agency for such advertising omission.
19. The publisher assumes no responsibility for improper use of coupons forming part of the advertisement.
20. The advertiser and/or advertising agency shall select an advertisement size from the publisher’s rate card. The publisher will publish and bill the advertisement in the size selected.
21. The advertiser and/or advertising agency shall be jointly and severally liable under this contract for such monies as are due and payable to the publisher.
22. The advertiser agrees to pay all production charges incurred in preparing advertising for publication. Production charges are not commissionable to the advertising agency.
23. Advertisers will be short rated if, within a twelve-month period from the date of first insertion, the amount of space upon which the billing rate has been based has not been used. “Short rated” means adjusting the billing rate to the publisher’s rate applicable for the amount of space actually used during the twelve month period.
24. The advertiser and advertising agency acknowledge receipt and review of the publisher’s current rate card and the terms set forth therein, including payment terms, and agree that such terms form a part of this contract.