Namak Magazine - Advertising Terms

ADVERTISING TERMS AND CONDITIONS

1. NAMAK reserves the right at its absolute discretion, to revise, reject or omit any advertisement for any reason at any time without liability, even though previously acknowledged or published. Cancellation of any portion of any advertising order or contract by or on behalf of the advertiser or failure to have published the specified number of pages automatically nullifies any rate discount, including for previously published advertisements. Advertiser is responsible for the difference between single insertion rates and frequency discounted rates if the space upon which billings have been based is not used within the contract period.

2. In the event an order is placed by an agency on behalf of the advertiser, such agency warrants and represents that it has full right and authority to place such order on behalf of the advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both the advertiser and the agency.

3. Agency discount: 15% to recognized agencies.

4. Terms of sale: New advertisers must remit payment in full with order or furnish satisfactory credit reference. Prepayment discount of 5% will be applied to payments made prior to closing date of publication in which advertisement is to appear. Prepayment discount does not apply to new advertisers required to remit payment in full. Invoices are rendered on publication date. Payment due thirty (30) days from date of invoice. The advertiser and its agency, if there be one, agree jointly and severally to pay the amount of invoices rendered by NAMAK in U.S. currency within the time specified. A late fee of 10% and interest of 1.5% will be charged per month on past due balances. The advertiser and its agency agree to reimburse NAMAK for its attorneys’ fees and costs in collecting any unpaid charge or portion of the charge for any advertisement. Advertiser authorizes NAMAK, at its election, to tender any bill to the agency, and such tender shall constitute due notice to the advertiser of the bill, and such manner of billing shall in no way impair or limit the joint and several liability of the advertiser and agency. Payment by the advertiser to the agency shall not discharge the advertiser’s liability to NAMAK. The rights of NAMAK shall in no way be affected by any dispute or claim between the advertiser and the agency.

5. Orders 30 days beyond current closing date will be accepted only at rate prevailing. Orders containing incorrect rates will be accepted and charged at regular rates. Such errors will be regarded as only clerical.

6. Rates, conditions, and space units are subject to change without notice. No verbal agreement altering the rates and/or the terms of the rate card shall be recognized.

7. Orders for inside or outside cover pages are non-cancellable. Options on cover positions must be exercised at least 30 days prior to closing date. If an order is not received by such date, the cover option automatically lapses.

8. Orders may not be canceled or changed after the closing date without acknowledgment of the publisher. The advertiser or agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by NAMAK, nor may the advertiser or agency authorize any others to use any advertising space.

9. Orders specifying positions other than those known as designated positions are accepted only on a request basis, subject to the right of the publisher to determine actual positions.

10. Reproduction quality is at the advertiser’s risk if publisher’s specifications are not met or if material is received after closing date even if on extension.

11. The advertiser and its agency, if there be one, agree that in the event the publisher commits any act, error, or omission in the acceptance, publication, and/or distribution of their advertisement for which publisher may be held legally responsible, the publisher’s liability will in no event exceed the cost of the space ordered and further agree that publisher will not under any circumstance be responsible for consequential damages, including lost income and/or profits. No allowance will be granted for an error that does not materially affect the value of an advertisement. To qualify for an adjustment, any error must be reported within 15 days of publication date. Credit for errors is limited to first insertion.

12. The advertiser and its agency, if there be one, each represents that it not only has the right to authorize the publication of any advertisement it has submitted to NAMAK, but that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the advertiser and published by NAMAK, and that such advertisement is neither libelous, an invasion of privacy, violative of any third party’s rights, or otherwise unlawful. As part of the consideration and to induce NAMAK to publish such advertisement, the advertiser and its agency, if there be one, each agrees jointly and severally to indemnify and save harmless NAMAK against all loss, liability, damage, and expense of whatsoever nature arising out of the copying, printing, or publishing of such advertisement.

13. The advertiser and its agency agree to and do indemnify and save harmless the publisher from all loss, damage, and liability, growing out of the failure of any contest inserted by them for publication 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.

14. All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond the publisher’s control (whether like or unlike any of those enumerated herein) that prevent the publisher from partially or completely producing, publishing, or distributing the publication.

15. All advertisements must be clearly identified by the trademark or signature of the advertiser.

16. Advertisements in other than standard sizes are subject to the publisher’s approval.

17. All agencies or direct advertisers must supply publisher with a legal street address and not just a post office box.

18. Words such as "advertisement" will be placed with copy that, in NAMAK opinion, resembles editorial matter.

19. The copyright in any advertisement created by NAMAK is owned by NAMAK, and may not be otherwise used by the advertiser or third parties without NAMAK’s prior written consent. The advertiser and agency agree that any advertisements published may, at NAMAK’s option, be included in all media, whether now in existence or hereafter developed, in which the issue containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part.

20. Rates and units of space are effective with the March 2005 issue. Announcement of any change in rate will be made thirty (30) days in advance of the closing date for the first issue affected by such new rates. Orders for issues thereafter will be at the rates then prevailing.

21. NAMAK will not be bound by any condition appearing on order blanks or copy instructions submitted by or on behalf of the advertiser when such condition conflicts with any provision contained in its rate card or with its policies.

22. All issues relating to advertising will be governed by the laws of the State of California applicable to contracts to be performed entirely therein. Any action brought by advertiser against NAMAK relating to advertising must be brought in the state or federal courts in California and the parties hereby consent to the jurisdiction of such courts.

23. The foregoing terms and conditions shall govern the relationship between NAMAK and the advertiser and its agency, if there be one. NAMAK has not made any representations to the advertiser or agency that are not contained herein. Unless expressly agreed to in writing by NAMAK, no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on NAMAK.

If you have any questions about our Terms & Conditions, the practices of our company, or your dealings with this Web site, you can contact us either by e-mail or in writing.

Requests in writing can be sent to:
Namak Magazine
18034 Ventura Blvd. #113
Encino, CA 91316