Advertiser — Contract and Copy Regulations

As referenced in Technical Analysis of STOCKS & COMMODITIES™ “The Trader's Magazine™” advertising rates listing in Standard Rate & Data Service (SRDS) Item 14.

1. Insertion instructions shall be supplied for every advertisement and shall clearly state the following information: name of publication, name of advertiser, date to be inserted, size of advertisement, identification of advertisement (proof of ad to be furnished if possible) plus any special instructions such as bleed, color, etc.
2. No conditions, printed or otherwise, appearing on the space order, billing instruction or copy instructions which conflict with the publisher’s stated policies will be binding on the publisher.
3. All advertising orders are accepted subject to the terms and provisions of the current rate card. Orders are accepted subject to change in rates upon notice from the publisher. However, orders may be cancelled at the time of change in rates becomes effective without incurring a short rate adjustment, provided the rate has been earned up to the date of cancellation.
4. A contract year, or twelve-month period, starts from the date of the first insertion. Twelve-month periods do not overlap; in other words, space counted in one contract period to determine the rate for that period, cannot be counted again toward determining the rate for the subsequent or past periods.
5. Till Forbid (T.F.) Contracts will be billed at rate earned through the previous twelve months or billed at rate earned through contract year period without incurring short rate, provided that the same frequency is maintained up to the time of cancellation.
6. Space orders wherever possible should specify a definite schedule of insertions, issues and sizes of space.
7. The publisher reserves the right to void any contract unless the first insertion is used within three months from date thereof.
8. Contracts may be discontinued by either party on 30 days’ written notice.
9. If more or less insertions are used within one year than specified in the order, charges will be adjusted in accordance with established rates.
10. The publisher reserves the right to give better position than specified in the order, at no increase in rate.
11. Advertiser and advertising agency agree to indemnify, defend, and save harmless the publisher from any and all liability for content (including text, illustrations, representatives, sketches, maps, trademarks, labels or other copyrighted matter) of advertisements printed, or the unauthorized use of any person’s name or photograph arising from the publisher’s reproduction and publishing of such advertisements pursuant to the advertiser’s or agency’s order. The publisher reserves the right to reject, discontinue or omit any advertising or any part thereof. This right shall not be deemed to have been waived by acceptance or actual use of any advertising matter.
12. All advertising is subject to the publisher’s approval. The publisher reserves the right to reject advertising which he feels is not in keeping with the publication’s standard.
13. The publisher’s liability for any error will not exceed the charge for the advertisement in question.
14. The publisher assumes no liability if for any reason it becomes necessary to omit an advertisement.
15. Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond the control of publisher affecting production or delivery in any manner.
16. Failure to make the order correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for upon the terms of the schedule in force without further notice.
17. The publisher reserves the right to limit the size of space to be occupied by an advertisement.
18. Two or more advertisers are not permitted to use space under the same contract.
19. When change of copy, covered by an uncancelled insertion order, is not received by the closing date, copy run in the previous issue will be inserted.
20. The publisher assumes no liability for error or omissions in key numbers, or its reader’s service section, and/or reader service numbers, or advertisers index.
21. Any deliberate attempt to simulate a publication’s format is not permitted, and the publisher reserves the right to place the word “advertisement” with copy which in the publisher’s opinion resembles editorial matter.
22. Requests for specified position at Run of Page (R.O.P.) rates are given consideration but no guarantee is made unless the position premium has been provided for in the contract.
23. No allowance is made to advertisers for furnishing complete plates, text and illustrations for their advertisements.
24. Advertisements ordered set and not used will be charged for composition.
25. Publisher reserves the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to the publisher.