• This agreement sets out the terms and conditions whereby Access Intelligence, LLC (“Publisher”) will publish advertisements (“ads”) on the Aviation Today website as requested by the undersigned Advertiser.
• Advertiser has designated the undersigned Agency to act on its behalf.
• Unless Advertiser gives Publisher written direction limiting the authority of Agency, any communication that Publisher may receive from Agency will be deemed to be given on behalf of, and binding on, Advertiser, and any communication given by Publisher to Agency will be deemed to have been given to, and will be binding on, Advertiser.
• Publisher will not be bound by, and will disregard, terms and conditions appearing on insertion orders or copy instructions which conflict with provisions of this rate card.
• No ad will be published unless a signed insertion order setting out the ad terms to include start and end dates is received by
• If Advertiser cancels during the course of a campaign, Advertiser will be billed for the entire month in which the cancellation
• If the campaign is based on impressions, Advertiser will be billed for the impressions expected (based on a monthly contract
average) in the month in which the cancellation is received.
• Ad cancellations will not be considered authorized by Advertiser unless written confirmation thereof is received by Publisher.
• Unless copy changes are specified by Advertiser in writing prior to ad commencement date, Advertiser‘s most recent ad will be inserted.
• Advertiser is responsible for checking the ad for corrections and providing prompt written notice of errors or changes.
• Publisher is not responsible for correcting an error in an ad unless Advertiser has notified Publisher in writing.
• If all necessary ad materials are not received by Publisher prior to the ad commencement date, Publisher cannot guarantee inclusion of such materials.
• All ads are subject to approval by Publisher. In its sole and absolute discretion, Publisher may refuse any ad submitted and may cancel any order for any ad.
• Although efforts will be made to comply with positioning requests, final positioning of ads is at the sole discretion of the Publisher. In no event will adjustments or refunds be made because of the position of an ad.
• The Advertiser or their Agency will be billed a premium not less than 15% of earned gross rate for advertising materials produced by the Publisher.
• Advertiser and Agency agree, jointly and severally, to indemnify and hold Publisher harmless from any loss, liability, damage, claim or expense, including reasonable attorney’s fees and all other costs of litigation or settlement, arising out of or attributable to the Advertiser’s ads. Publisher’s right of indemnification extends, without limitation, to any claims for libel, slander, invasion of privacy, unfair trade practices, copyright infringement or trademark infringement.
• Publisher will not be responsible for any loss or damage (including, without limitation, consequential damages) of any kind arising out of, or attributable to, errors or omissions in ads except for Publisher’s failure to correct errors clearly communicated in writing by Advertiser and received by Publisher.
• In no event will Publisher’s liability for any ad exceed the amount charged by Publisher for such ad.
• Payment by Advertiser is due in full 30 days from invoice date. If not paid within 30 days, a late charge equal to the greater of $5.00 or 1.5% of the unpaid invoice will be automatically added to the invoice amount per month.
• Failure to pay as agreed may result in the placement of the account with a collection agency or attorney. If so, to the extent permitted by law, Publisher may charge and collect from Advertiser and Agency, jointly and severally, any collection costs and expenses, including court costs and reasonable attorney’s fees, in addition to all invoiced amounts, late charges and interest.
• Any invoice submitted to Advertiser will be deemed conclusive as to its correctness unless Advertiser provides a written, detailed objection to Publisher within 30 days of invoice date.
• When requested, Publisher will apply 15% commission discount to recognized agencies on space, color, premiums and inserts, provided the ad is supplied in the acceptable digital format, and only if Publisher has received full payment within 30 days of invoice date.