Rates and Products - The Business Journals

Transcription

Rates and
Products
Advertising options, section descriptions,
display/classified rates and terms for 2016
Questions? Contact [email protected]
Display advertising rates
Ad size
$100,000+
$80,000
$60,000
$40,000
$20,000
$10,000
Open rate
Full page
2,915
3,500
4,230
4,450
5,380
5,715
6,630
3/4 page
2,625
3,200
3,750
3,950
4,530
5,500
5,930
Island
2,400
2,805
3,345
3,540
4,025
4,630
5,275
1/2 page
2,200
2,625
3,140
3,345
3,775
4,325
4,950
3/8 page
1,790
2,130
2,525
2,675
3,050
3,510
4,000
1/4 page
1,250
1,500
1,775
1,975
2,215
2,525
2,910
1/8 page
775
940
1,135
1,200
1,390
1,570
1,835
List strip ad
1,250
1,400
1,600
1,750
1,875
2,150
2,400
Ad size
$100,000+
$80,000
$60,000
$40,000
$20,000
$10,000
Open rate
Belt
2,500
3,100
3,600
3,775
4,000
4,500
4,750
Spread Strip
1,500
1,800
2,300
3,100
3,600
3,800
4,400
1/4 Page Wave
1,300
1,600
1,850
2,050
2,300
2,650
3,100
Centerpiece Towers*
1,200
1,350
1,500
1,700
2,100
2,400
2,800
L or Reverse L
1,400
1,600
1,800
2,300
2,875
3,700
4,500
U Shape
3,900
4,100
4,600
5,250
6,050
6,650
7,000
Triangle
850
1,000
1,175
1,300
1,550
1,800
2,000
ADDITIONAL AD SIZES
* Prices for single tower ad
LOUISVILLE BUSINESS FIRST » 2016 RATES AND PRODUCTS
Additional Charges
Guaranteed Position: 10%
Color Charge
4-color: $600
Volume discounts
Volume discounts are determined by
combining the dollar value of print and digital
insertions in Business First, plus sponsorships,
within the contract period. Contract begins
with the date of first insertion and must be
fulfilled within a 12-month period. Book of
Lists and pre-printed inserts may also be
included as part of your volume contract.
Contracts guarantee the volume rate earned
and ad sizes may vary during contract period.
Refer to the column under the volume for
rate of desired size. Rates subject to change
during contract period. Rate increases are
effective January 1, and all advertisers’ rates
change on that date.
Credit, payment and commissions
All first-time advertisers must pre-pay
and payment must accompany all copy
until credit has been established with the
Credit Department. Payment by check,
Visa, MasterCard or American Express. All
advertisers must submit a Credit Application.
Terms of credit extension to advertisers
is Net 30 Days. No cash discounts. Any
discrepancies in advertising invoices must
be questioned within 10 days of publication.
All rates are net and non-commissionable.
All advertising transactions with Business First
are subject to the publication’s advertising
terms and conditions, a copy of which is
available on our Web site and, if applicable,
in our advertising agreement.
Classified advertising rates
1 block
3.125 x
3.125
Marketplace | In Print
2 blocks
6.625 x 3.125
3 blocks
Rate per block
52x rate
39x rate
26x rate
19x rate
13x rate
7x rate
Open
INCLUDES:
Business Marketplace,
Commercial Real Estate,
Career Opportunites,
Legal Notices
130
135
145
165
185
220
255
10 x 3.125
6 blocks
6.625 x 10
Color charge: $50 per block
Line Classified
Business Card Gallery
Executive Homes
RATES ($)
52 weeks................................... 7.50 per line
26 weeks................................... 7.95 per line
13 weeks................................... 8.50 per line
6 weeks..................................... 9.75 per line
1 week.....................................10.50 per line
RATES ($)
12 months............................196 / per month
9 months............................ 232 / per month
6 months............................ 265 / per month
3 months............................ 298 / per month
The Executive Homes are published weekly. Single block
ads measure 3.125” x 3.125”. 12 available blocks to a page.
Space reservation is on a first-come, first-serve basis.
Minimum of 3 lines. Bold lines available.
Published the first & second issue of
each month.
CLOSING DATE: Tuesday noon prior to
publication.
52 insertions........................................... 160
26 insertions............................................ 175
13 insertions............................................. 215
7 insertions............................................. 265
1 insertion............................................... 300
Color charge: $50 per block
Calendar
Volume discounts available for mutiple listings.
Event Listings | Online
Featured Event Listing | $199
Standard Event Listings | $99
Get the word out and target thousands of
influential leaders in the local business community.
List all of your upcoming events on our online
Business Events Calendar. Listings don’t expire and
will be active through the day of your event.
• Premium Placement - Your event listing will rise
above all other regular event listings.
Event Billboard | $500
• Branding - Your company or event logo will
appear on both the event lisiting page and event
details page.
• 30-day promotion in top billboard section of the
online calendar with custom image.
• Includes Featured Event Listing
• 30-day promotion in Morning Edition email to
more than 7,500 subscribers.
Online Recruitment Services
Get your job listings in front of the largest collection of professional candidates.
Individual Featured Job Postings | $395
• Increase visibility in front of passive job seekers while targeting the active job seeker as well.
• Promoted at the top of job section with logo
• Also promoted on local homepage, article pages and daily newsletters with logo
• Unlimited text
• All listings are searchable on Google, Yahoo and other search engines
• 30 day campaign
Standard Job Postings | $295
• Appears in career center only
• Unlimited text
• All listings are searchable on Google, Yahoo and other search engines
• 30 day campaign
Volume Featured Job packages
• 5 featured online job postings for $1,500
• 10 featured online job postings for $2,500
• Can be used all at once or spread over a year
• Multi-market and custom packages also available
Recruitment Sponsorships Include:
• Sponsorship of Featured Jobs Module
• Homepage
• Article Pages
• Afternoon Edition Emails
• Career Center
• Featured Job Postings up to 5
• ROS Banners
Recruitment Sponsorship Rates
Banners
Sponsor Logo
Featured Jobs
Exposure
Homepage, Article Pages,
Career Center
Afternoon Edition Emails,
Career Center
Afternoon Edition Emails,
Career Center
Package 1
160,000 Impressions
500,000 Impressions
Up to 5 postings
$5,000/mo.
Package 2
330,000 Impressions
500,000 Impressions
Up to 5 postings
$7,500/mo.
Digital advertising rates
Run of Site (LouisvilleBusinessFirst.com) for four weeks - now includes Mobile impressions
$125,000+
$100,000
$80,000
$60,000
$40,000
$20,000
$10,000
Open
Sponsorship ad positions
400,000
impressions
5,962
6,084
6,208
6,419
6,663
7,481
8,346
9,270
Mobile 320x50, upper and lower 300x250,
top and bottom 728x90
330,000
impressions
5,110
5,214
5,321
5,510
5,714
6,405
7,532
8,294
200,000
impressions
3,407
3,477
3,547
3,674
3,806
4,274
4,771
5,529
130,000
impressions
2,555
2,607
2,660
2,755
2,857
3,207
3,576
4,147
80,000
impressions*
1,703
1,738
1,774
1,837
1,909
2,131
2,391
2,764
50,000
XL impressions*
1,696
1,731
1,767
1,830
1,901
2,123
2,382
2,750
970x250, 300x600,
Must be purchased in conjunction with a
80k ROS package or higher.
Business Pulse
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
5 ad positions plus optional pushdown + skin.
Logo on section; print and digital.
Special Section
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
People on the Move
1,000
1,000
1,000
1,000
1,000
1,000
1,000
1,000
Rates are based on total dollar investment (combined print, digital and sponsorships); *80,000 impression packages run for two weeks.
Book of Lists
Rates Effective January 1, 2016
Advertising
Louisville’s most valuable business reference guide and the one publication readers turn
to throughout the year. It’s a compilation of Louisville weekly lists and is full of important
information about Louisville business that’s unavailable any place else. Sold year-round.
Guaranteed positioning is accepted only for full and half page ads on a first-come basis.
Sorry, Book of Lists ads are non-cancelable. All rates are net.
Ad size
Contract rate
Open rate
Full page
$5,900
$7,300
1/2 page
4,500
5,500
1/4 page
3,000
3,700
Additional sponsorship opportunities available
Ask your Advertising Consultant
Advertising Dates
Publication Date: December 23, 2016
Space Reservation & Ad Deadline: October 3, 2016
Special Charges
Spot color: Add $300
4-color: Add $600
Inside covers: Add 20%
Back covers: Add 25%
Facing any specific list (full pages only): Add %15
Inserts
Free-standing inserts
Business First accepts preprinted inserts for inclusion in mailed and newsstand
copies. FSIs may be used to fulfill advertising contract obligations. Insert rates are
net and non-commissionable. Inserts must be full run of circulation; smaller
increments are not available. Inserts must be submitted for approval two weeks
prior to publication date. Advertiser is advised to get Publisher’s approval before
printing piece.
12x rate
9x rate
6x rate
3x rate
1x rate
4 pages or less
164/M
179/M
209/M
249/M
297/M
8 pages
175/M
202/M
221/M
265/M
315/M
12 pages
215/M
230/M
255/M
300/M
350/M
Non-commisionable. Over 12 sides, rates vary due to insertion and postal restrictions.
Sample copy required prior to insertion. Non-profit rate is 6x rate.
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Business First of Louisville
Afternoon Edition
The Business First Afternoon Edition delivers top stories and news alerts to more than 9,200 email in-boxes
every day. Executives keep tabs on the pulse of the local business scene with a snapshot of each day’s news.
$125,000+
$100,000
$80,000
$60,000
$40,000
$20,000
$10,000
Open
Upper
skybox
$832
$878
$971
$1,063
$1,110
$1,295
$1,387
$1,618
Lower
skybox
388
414
518
555
592
740
832
925
728x90
925
1,017
1,110
1,202
1,387
1,618
1,849
2,081
Upper
Logo + Text
416
462
509
555
592
740
832
925
Middle
Logo + Text
291
330
388
416
472
555
624
694
Notes: All rates are NET. Costs quoted are “per week” (six drops per week: Monday-Friday with a Saturday BONUS).
Subscriber stats
70%
receive 1 or more
Business First email
updates
62%
say email influenced
purchase decisions at
their company
61%
work at companies with
gross annual sales of
$5M-25M+
Sign up for the free Afternoon Edition at
BusinessFirstofLouisville.com
Special Section Online Sponsorship
Editorial content from the paper that is featured as a section on the web site.
Features & Benefits
• Landing page includes links to articles, videos, photos and other content
within the section
• Maximum of 2 sponsors
• Traffic is driven to the section with promo tiles appearing on the homepage
and article pages throughout the web site
• 200,000 impressions Special Section & ROS over 30 days
Ad Positions
Event Online Sponsorship
The online companion to Business First’s signature events.
Features & Benefits
• Landing page includes links to articles, slide shows and other content within
the section
• Includes 50% share of voice within the section, 2 sponsors maximum
• Traffic is driven to the section with promo tiles appearing on the homepage
• 200,000 impressions, Special Section & ROS, over 30 days
• $5000 online sponsorship only
• $3500 additional for current event sponsors
Events include:
Partners in Health Care
Commercial Real Estate Awards
Business Women First
CFO of the Year
Partners in Philanthropy
Forty Under 40
Fast 50
Healthiest Employers
Business of the Year
Best Places to Work
Homepage Takeover
Runs five consecutive business days, must be purchased with 130,000 Run of Site package or higher (Example found at http://bit.ly/Homepage_Takeover)
30,000
impressions
Cost
Ad unit
$1,800
970x418 / 970x66 pushdown,
300 x250, 1600x660 skin
Bottom Line/Slider
Runs 30 days, served to one unique user per day (Example found at http://bit.ly/BottomLineSlider)
47,095
impressions
Cost
Ad unit
$1,880
1034x90/1034x30 for bottom line,
950x90/950x460 for slider
Digital Examples
Bottom Line/Slider
Run of Site
Mobile
Deadlines and cancellations
Weekly newspaper
Free-standing inserts
Business First publishes weekly, 52 times a year, on Fridays. Premium positions are sold
on a first-come basis.
Inserts for the weekly newspaper
Deadline
Section/advertising type
Deadline
General display advertising insertion
Wednesday, 9 days prior to publication
Classified advertising insertion
Cancellation
Tuesday, 10 days prior to publication
Workup information due
Monday, 11 days prior to publication
Camera-ready artwork due
Reservation
8 days prior to publication.
Delivery
4 days prior to publication
Book of Lists
The Book of Lists is published once a year. Positions are sold on a first-come basis.
Deadline
October 3
Special sections and publications
October 28
Special sections and publications such as Partners in Health Care, First Honors, and
Business Women First, are published periodically (see Editorial Calendar for dates) and
are inserted into, or run as a part of, the weekly Friday paper.
Cancellation
Cannot be canceled
Deadline
Friday, 6 weeks prior to publication
Workup information due
Thursday, 3 weeks prior to publication
Cancellation
Cancellation policy
Cancellation of an ad or a change in its schedule must be received in writing
on or before the deadlines listed above. Ads canceled after the deadline will be
billed at 100%.
Terms and conditions
A. PUBLISHER’S RIGHT TO REJECT, CANCEL OR
TERMINATE ORDERS: Publisher reserves the right at
its absolute discretion, and at any time, to cancel any
advertising order or reject any advertising copy, whether
or not the same has already been acknowledged and/
or previously published, displayed, performed or transmitted (collectively referred to herein as “Published”
or “Publish”), including, but not limited to, for reasons
relating to the content of the advertisement or any technology associated with the advertisement. In the event
of such cancellation or rejection by Publisher, advertising already run shall be paid for at the rate that would
apply if the entire order were Published and no short rate
will apply. In addition, Publisher reserves the right to (i)
remove from selected copies of its Business Journal and
App advertisements containing matter that subscribers
have deemed objectionable; and (ii) implement blocking technology (including geo-blocking technology) in
connection with its Websites and Apps. Publisher, at
its absolute discretion, may terminate its relationship
with Advertiser and/or Agency for the breach of any of
the terms hereof, including without limitation a breach
based on the failure on the part of either Advertiser or
Agency to pay each bill by its due date. Should Publisher
terminate its relationship with Advertiser and/or Agency,
a short-rate may apply and all charges incurred together
with short-rate charges shall be immediately due and
payable. Furthermore, in the event Advertiser or Agency
breaches, Publisher may, in addition to its other remedies, (a) cancel its recognition of Agency, thereby
causing Agency to lose claim to any commission for
any further advertising placed with Publisher on behalf
of Advertiser or any other client, and/or (b) refuse to
Publish any or all of Advertiser’s advertising.
B. ADVERTISER’S FAILURE TO RUN ADVERTISING/
SHORT-RATE: All agreements for advertising frequency
discounts require that the specified number of advertisements be Published within a specified period and
be promptly paid for. In the event of Advertiser’s or its
Agency’s cancellation of any portion of any advertising
order/contract or failure to have Published and paid for
the specified number of advertisements, or if at any time
Publisher in its reasonable judgment determines that
Advertiser is not likely to Publish and pay for the total
amount of advertising specified during the term of the
agreement, any rate discount will be retroactively nullified, including for previously Published advertisements,
and may result in a short-rate. In such event, Advertiser
and/or Agency must reimburse Publisher for the shortrate (which is the difference between the rate charged
on the contracted frequency and the higher rate based
on the reduced frequency of advertisements actually
Published and paid for) within 30 days of invoice therefor and Advertiser will thereafter pay for advertising
at the open rate or at the earned rate(s) as applicable.
Any merchandising program executed by Publisher in
reliance on advertising that is cancelled will be paid for
by Advertiser at the fair market rate for such program.
Rebates (for any earned advertising frequency discount
adjustments for advertising run in excess of specified
schedule) will only be earned if all advertising is paid for
by the due date. Rebates must be used by the Advertiser
within six months after the end of the period in which
they were earned. Unused rebates will expire six months
after the end of the period in which they were earned.
C. RESTRICTIONS ON ADVERTISER’S CANCELLATION
OF ADVERTISING ORDERS: No changes in orders or
cancellations are accepted unless received before the
specified closing dates, which vary by product and
are set forth in Publisher’s rate card and web site. No
changes in orders or cancellations may be considered
executed unless acknowledged in writing by Publisher.
Orders not cancelled as of these closing dates will be
billed, even though Advertiser fails to furnish copy, digital files or film. When change of copy or artwork is not
received by the closing date, copy run in previous issues
will be published. Should Publisher agree to cancel an
existing work order, Advertiser will be responsible for
the cost of any work performed or materials purchased
on behalf of Advertiser, including the cost of services,
paper and/or printing.
D. ADVERTISING POSITIONING AT PUBLISHER’S
DISCRETION: Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and
Published but such restrictions or specifications are at
Publisher’s sole discretion.
E. LABELING OF ADVERTISEMENTS: Advertisements
that simulate editorial content must be clearly identified and labeled “ADVERTISEMENT” or “PROMOTION”
or “SPECIAL ADVERTISING SECTION” at the top of the
advertisement, and Publisher may, in its discretion, so
label such copy.
F. CAN-SPAM: Advertiser and Agency understand that
advertisements and/or other commercial messages sent
on its behalf by Publisher via electronic mail may be
governed by federal, state and local laws, rules and
regulations, including without limitation the Controlling
the Assault of Non-Solicited Pornography and Marketing
Act of 2003 and any acts related thereto, and including
the interpretations thereof by the FTC or other governmental authorities (collectively, the “CAN-SPAM Act”)
and state “Do Not E-mail” registries. Advertiser agrees
to comply with all such applicable laws, rules and regulations. Without limiting the generality of the foregoing,
Advertiser shall fulfill all obligations of a “Sender” as
specified in the CAN-SPAM Act, unless Publisher agrees
in writing to be designated as the “Sender”. In either
case, Advertiser agrees to comply with Publisher’s policies intended to comply with the CAN-SPAM Act.
Published or used by American City Business Journals,
are registered trademarks and/or trademarks protected
under common laws. Neither the titles nor the logos
may be used without the express written permission of
American City Business Journals.
H. ERRORS IN OR OMISSIONS OF ADVERTISEMENTS:
In the event of Publisher’s errors in or omissions of any
advertisement(s), Publisher’s liability shall be limited to
a credit of the amount paid attributable to the space
of the error (in no event shall such credit exceed the
total amount paid to Publisher for the advertisement),
and Publisher shall have no liability unless the error/
omission is brought to the Publisher’s attention no later
than 60 days after the advertisement is first Published.
However, if a copy of the advertisement was provided or
reviewed by Advertiser, Publisher shall have no liability.
In no event will Publisher have any liability for errors
or omissions caused by force majeure or errors in key
numbers, nor will Publisher have any liability for any
consequential, indirect, incidental, punitive, special or
exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption,
loss of information and the like.
J. WARRANTIES; INDEMNIFICATION: Advertiser and
its Agency, if there be one, each represent and warrant
that: (i) Advertiser’s websites, mobile sites, applications, and/or similar services that are associated with
advertising purchased under an IO shall contain all
necessary consumer disclosures required by applicable
federal, state and local laws, rules and regulations,
including, but not limited to, an accurate privacy policy
(and Advertiser shall not violate the terms of such disclosures); and (ii) any advertising or other material
(including product samples) submitted by Advertiser
or Agency complies with all applicable laws and regulations and does not violate the personal or proprietary
rights of, and is not harmful to, any person, corporation
or other entity. As part of the consideration to induce
Publisher to Publish such advertisement, Advertiser and
its Agency, if there be one, each agrees jointly and severally to defend, indemnify and hold harmless Publisher,
and its employees and representatives, against any and
all liability, loss, damage, and expense of any nature
including, but not limited to, attorneys’ fees (collectively, “Losses”) arising out of any actual or potential
claims for libel, invasion of privacy, harm, copyright,
patent, or trademark infringement, and/or any other
actual or potential claims or suits that may arise out of
(a) the copying, printing, publishing, displaying, performing, distributing or transmitting of such advertisement; (b) any violation of the CAN-SPAM Act or other
laws relating to Advertiser’s advertisements, including,
but not limited to, commercial messages emailed on
Advertiser’s behalf by Publisher; (c) the loss, theft, use,
or misuse of any credit/debit card or other payment,
financial, or personal information; (d) the products and/
or services promoted, sold, presented and/or contained
in Advertiser’s advertisements; and/or (e) a breach or
alleged breach of its covenants, warranties and obligations under these advertising rate card contract terms
and conditions. If the Publisher participated in the creation of an advertisement, the Publisher will indemnify
Advertiser in connection with potential claims only to
the extent it has agreed to do so in writing.
I. TRADEMARKS: The titles and logos of the Business
Journals and other publications Published by American
City Business Journals, as well as the Websites and Apps
K. RESPONSIBILITY FOR PAYMENT OF ADVERTISING
BILLS: In the event an order is placed by an Agency
on behalf of Advertiser, such Agency warrants and
G. INSERTS: An accurate copy of any furnished insert
must be submitted to Publisher for review prior to the
printing of the insert. Publisher’s review and/or approval
of such copy does not release or relinquish Advertiser/
Agency from its responsibilities hereunder. Publisher is
not responsible for errors or omissions in, or the production quality of, furnished inserts. Advertiser and/or
Agency shall be responsible for any additional charges
incurred by Publisher arising out of Advertiser and/or
Agency’s failure to deliver furnished inserts pursuant to
Publisher’s specifications. In the event that Publisher is
unable to Publish the furnished insert as a result of such
failure to comply, Advertiser and/or Agency shall remain
liable for the space cost of such insert.
Terms and conditions continued
represents that it has full right and authority to place
such order on behalf of Advertiser and that all legal
obligations arising out of the placement of the advertisement will be binding on both Advertiser and Agency.
Advertiser and its Agency, if there be one, each agrees to
be jointly and severally liable for the payment of all bills
and charges incurred for each advertisement placed on
Advertiser’s behalf. Advertiser authorizes Publisher, at
its election, to tender any bill to Agency, and such tender
shall constitute due notice to Advertiser of the bill and
such manner of billing shall in no way impair or limit the
joint and several liability of Advertiser and Agency. Any
bill tendered by Publisher shall constitute an account
stated unless written objection thereto is received by
Publisher within ten (10) days from the rendering thereof.
Payment by Advertiser to Agency shall not discharge
Advertiser’s liability to Publisher. The rights of Publisher
shall in no way be affected by any dispute or claim
between Advertiser and Agency. Advertiser and Agency
agree to reimburse Publisher for its costs and attorneys’ fees in collecting any unpaid advertising charges.
Advertiser confirms that it has appointed Agency, if one
is specified, to be its authorized representative with
respect to all matters relating to advertising placed on
Advertiser’s behalf with the understanding that Agency
may be paid a commission.
L. NO ASSIGNMENT OF ADVERTISING: Advertiser and
its 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 Publisher, nor may
Advertiser or Agency authorize any others to use any
advertising space.
M. REPUBLICATION OF ADVERTISEMENTS: Advertiser
and Agency agree that any submitted advertisements
Published, may, at Publisher’s option, be republished,
re-performed, retransmitted or otherwise reused by
Publisher or its agents in any form in whole or in part
in all media now in existence or hereafter developed,
whether or not combined with material of others. The
copyright in any advertisement created by Publisher
is owned by Publisher and may not be otherwise used
by Advertiser or third parties without Publisher’s prior
written consent.
N. ADVERTISING RATES: Publisher’s Business Journal
and App rates contained in advertising orders that
vary from the rates listed herein shall not be binding
on Publisher and the advertisements ordered may be
inserted and charged for at the actual schedule of rates.
Publisher’s Business Journal and App rates and units
of space are effective with the January 3, 2014 issue.
Announcement of any changes in rates will be made
thirty (30) days in advance of the closing date for the
first issue affected by such new rates. Rates will be
honored by Publisher until the current contract expires.
Advertising rates are not contingent on Business Journal
reaching any circulation or readership level that may be
represented in Business Journal’s marketing materials.
Publisher’s Website rates contained in advertising
Orders that vary from the rates established by Website
for Advertiser shall not be binding on Website and the
advertisements ordered may be inserted and charged
for at the actual schedule of rates. Announcement of any
changes in Website’s rates will be made thirty (30) days
in advance of the first advertisements affected by such
new rates. Advertisements Published thereafter will be
at the Website’s rates then prevailing.
contained herein. Unless expressly agreed to in writing
and signed by an officer or senior executive of Publisher,
no other terms or conditions in contracts, orders, copy,
or otherwise will be binding on Publisher. Failure by
Publisher to enforce any of these provisions shall not be
considered a waiver of such provision.
O. SPECIAL PUBLICATIONS: Certain special publications (e.g., The Book of Lists) produced and published
by Business Journal carry special rates, which are not
subject to our general frequency discounts, and are noncancellable once an agreement is signed.
S. IMPRESSION GUARANTEES AND CALCULATIONS:
Publisher makes no guarantee or representation as
to the quantity and/or quality of visits, impressions,
circulation, or other usage of Publisher’s Websites or
Apps or of the advertisement, or as to the use of any
particular tracking or information-gathering devices,
unless Publisher expressly agrees otherwise in writing.
In addition, all impressions and/or other measurements
of advertisements for Publisher’s Websites and Apps
shall be based solely on Publisher’s calculations for its
Websites and Apps. Unless otherwise agreed to in writing by Publisher, Publisher will bill for the advertising
on Publisher’s Websites based on such Websites’ own
ad delivery numbers (“DFP numbers”); and, if applicable, Publisher has the right to bill for advertising in
Publisher’s Apps based on its DFP numbers. In the event
Publisher and Advertiser agree in writing that certain
ads will be billed based on ad delivery numbers other
than the applicable Website’s (and/or Apps’) own DFP
numbers (i.e., third party numbers), Publisher will bill for
such ads based on such third party numbers as long as
the delivery discrepancy from third party numbers and
DFP numbers is less than ten percent (10%). In the event
that a difference of ten percent (10%) or more arises,
both Publisher and Advertiser/Agency agree to use
reasonable efforts to reconcile the difference and come
to a mutually agreed upon solution. If an agreement
cannot be reached or if Advertiser fails to provide its
third party ad delivery numbers within ten (10) business
days after the end of each month of its ad campaign,
Publisher reserves the right to bill Agency/Advertiser at
P. TERMS OF SALE: Payment is due thirty (30) days from
the date of invoice. All advertising production fees (if
any) shall be billed and are immediately due in full within
the first month of the advertising campaign. Interest
may, at Publisher’s discretion, be charged at a rate of
1.5% per month on past due balances. Publisher may at
its option require cash in advance with order or change
payment terms.
Q. CHOICE OF LAW AND FORUM: 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
Publisher relating to advertising must be brought in the
state or federal courts in San Francisco. The parties
hereby consent to the exclusive jurisdiction of the state
or federal courts in San Francisco in connection with
actions relating to advertising, including, but not limited
to, actions to collect amounts due for advertising.
R. ENTIRE AGREEMENT: The foregoing terms and
conditions (and the Additional Terms set forth below)
shall govern the relationship between Publisher and
Advertiser and/or Agency. Publisher has not made any
representations to Advertiser or Agency that are not
ADDITIONAL TERMS AND CONDITIONS APPLICABLE
TO PUBLISHER’S WEBSITES AND APPS: For the purpose of clarification, the terms and conditions set
forth in Sections A through R above apply to all advertisements Published in Publisher’s Business Journals,
Websites and Apps. In addition, the following terms and
conditions (“Additional Terms”) shall apply to all advertisements Published on Publisher’s Websites and Apps
as provided below. To the extent the Additional Terms
directly conflict with or are inconsistent with Sections A
through R above, the Additional Terms shall govern with
respect to Publisher’s Websites and Apps.
a delivery rate of ninety percent (90%) of DFP numbers.
To the extent Publisher fails to provide Advertiser with
the number of impressions guaranteed (if applicable)
on its Websites or Apps, Publisher will provide as a sole
remedy a make-good, by extending the order beyond
the contracted advertising flight period until the remainder of the guaranteed impressions are delivered. For
purposes of clarification, Advertisers that request a
special billing schedule or an upfront bill will not receive
refunds/adjustments in the case of under-delivery of
guaranteed impressions (if applicable).
T. ERRORS IN OR OMISSIONS OF ADVERTISEMENTS:
In the event of Publisher’s errors in or omissions of any
advertisement(s) on its Websites or Apps (including, but
not limited to, errors or omissions involved in converting
Advertiser’s ads into an App), Publisher’s sole liability
shall be limited to a credit of the amount paid attributable to the space of the error (in no event shall such
credit exceed the total amount paid to Publisher for
the advertisement), and Publisher shall have no liability
unless the error/omission is brought to the Publisher’s
attention no later than 5 days after the advertisement
is first Published. However, if a copy of the advertisement was provided or reviewed by Advertiser, Publisher
shall have no liability. In the event of a suspension of
Publisher’s Websites or Apps due to computer, software, or network malfunction, congestion, repair, strike,
accidents, fire, flood or any other cause or contingencies or force majeure beyond the reasonable control
of Publisher, it is agreed that such suspension shall not
invalidate any advertising agreement but a) will give
Publisher the option to cancel any advertising agreement, or if Publisher does not do so, b) upon resumption
of Publisher’s Websites and/or Apps, the agreement
shall be continued and Publisher will have no liability
for any errors or omissions or any damages caused by
such suspension. In no event will Publisher have any
liability for errors in key numbers, nor will Publisher have
any liability for any consequential, indirect, incidental,
punitive, special or exemplary damages whatsoever,
including without limitation, damages for loss of profits,
business interruption, loss of information and the like.
U. RESTRICTIONS ON ADVERTISER’S ABILITY TO
CANCEL ADVERTISING ORDERS: Orders for all advertising units on Publisher’s Websites are non-cancellable
less than ten (10) days prior to the start of advertising
campaign. If, however, Publisher agrees to cancel an
existing order for its Websites, Advertiser will be responsible for the cost of any work performed or materials
Terms and conditions continued
purchased on behalf of Advertiser, including the cost
of services.
V.
ADDITIONAL
ADVERTISER
WARRANTIES;
INDEMNIFICATION: In addition to the warranties set
forth in Section J above, Advertiser and its Agency, if
there be one, each represent and warrant that: (i) any
advertising or other material submitted by Advertiser
or Agency for display on Publisher’s Websites or Apps,
and any material to which the advertisement or other
material links or refers, complies with all applicable laws
and regulations and does not violate the personal or
proprietary rights of, and is not harmful to, any person,
corporation or other entity. (Advertiser understands that
although the intended audience of Publisher’s Websites
and Apps is primarily in North America, the Websites
and certain Apps may be accessible throughout the
world.); (ii) none of the advertisements or other materials
provided to Publisher for display on its Websites or Apps
cause the download or delivery of any software application, executable code, any virus or malicious or social
engineering (e.g., phishing) code or features; and (iii)
it will not conduct or undertake, or authorize any third
party to conduct or undertake, any unlawful or improper
actions in connection with the Websites or Apps, including, but not limited to, generating automated, fraudulent
or otherwise invalid clicks or impressions on Publisher’s
Websites or Apps. In addition to the indemnification
obligations of Advertiser/Agency set forth in Section J
above, Advertiser and its Agency, if there be one, each
agrees jointly and severally to defend, indemnify and
hold harmless Publisher and its employees and representatives for Losses (as defined in Section J above)
that may arise from or relate to: (a) the linkage of any
advertisement on Publisher’s Websites or Apps to other
material; or (b) a breach or alleged breach of Advertiser’s
warranties set forth in this Section V.
W. DISCLAIMER: PUBLISHER
DISCLAIMS
ALL
WARRANTIES AND/OR GUARANTEES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
FOR NONINFRINGEMENT, ACCURACY, AVAILABILITY,
UPTIME, MERCHANTABILITY AND/OR FITNESS FOR
ANY PARTICULAR PURPOSE IN CONNECTION WITH
THE DISPLAY, PERFORMANCE AND TRANSMISSION OF
ADVERTISEMENTS ON PUBLISHER’S WEBSITES AND
APPS. Without limiting the generality of the foregoing,
Publisher disclaims all warranties and guarantees with
respect to its Websites and Apps, including, without
limitation, warranties and/or guarantees relating to:
(a) the positioning or placement of advertisements on
Publisher’s Websites or Apps, (b) the availability, uptime
and delivery of any impressions or advertisements on
any of Publisher’s Websites or Apps; (c) advertising
results on the Websites and Apps; (d) the accuracy of
audience data, including, but not limited to, audience
demographic data, audience size/reach data, etc. with
respect to the Websites and Apps; and (e) the quantity,
quality or frequency of clicks or click-through rates of
advertisements on the Websites and Apps. Advertiser
acknowledges that third parties other than Publisher
may generate automated, fraudulent or otherwise invalid/improper impressions, conversions, inquiries, clicks
or other actions on Advertiser’s advertisements displayed on Publisher’s Websites or Apps. As between
Advertiser and Publisher, Advertiser accepts the risk
of any such improper actions. Advertiser’s exclusive
remedy for such suspected improper actions is for
Advertiser to request a refund relating to its impacted
advertisements in the form of advertising credits on the
applicable Website or App within thirty (30) days from
the end of the calendar month in which such advertisement is initially displayed on the applicable Website or
App. Any advertising credit refunds in connection with
the Advertiser’s aforementioned requests are within the
sole discretion of Publisher.
X. MISCELLANEOUS: In the event ads are served on
behalf of Advertiser hereunder on or in connection with
any non-Publisher owned or operated websites, mobile
sites, applications, email campaigns, or other service
(collectively, “Target Sites”), Advertiser shall ensure that
such Target Sites contain a privacy policy (or, in the case
of an email campaign, contain a conspicuous link to a
privacy policy) that (a) discloses (i) the usage of third
party technology; and (ii) the data collection and usage
resulting from such ads and/or third party technology;
and (b) complies with all applicable privacy laws, rules
and regulations. In addition, Advertiser shall not merge
personally identifiable information with information previously collected as non-personally identifiable without
robust notice of, and the end-user’s prior affirmation
(i.e., “opt-in”) consent to, that merger.
Y. CANCELLATION AND TERMINATION
OF DIGITAL ADVERTISING
a. Without Cause: Unless designated on the IO as noncancelable, Advertiser may cancel the entire IO, or any
portion thereof, as follows:
i. With 14 days’ prior written notice to Media Company,
without penalty, for any guaranteed Deliverable, including, but not limited to, CPM Deliverables. For clarity and
by way of example, if Advertiser cancels the guaranteed
portions of the IO eight (8) days prior to serving of the
first impression, Advertiser will only be responsible for
the first six (6) days of those Deliverables.
ii. With seven (7) days’ prior written notice to Media
Company, without penalty, for any non-guaranteed Deliverable, including, but not limited to, CPC
Deliverables, CPL Deliverables, or CPA Deliverables, as
well as some non-guaranteed CPM Deliverables.
iii. With 30 days’ prior written notice to Media Company,
without penalty, for any flat fee-based or fixed-placement Deliverable, including, but not limited to, roadblocks, time-based or share-of-voice buys, and some
types of cancelable sponsorships.
iv. Advertiser will remain liable to Media Company for
amounts due for any custom content or development
(“Custom Material”) provided to Advertiser or completed
by Media Company or its third-party vendor prior to the
effective date of termination. For IOs that contemplate
the provision or creation of Custom Material, Media
Company will specify the amounts due for such Custom
Material as a separate line item. Advertiser will pay for
such Custom Material within 30 days from receiving an
invoice therefore.
b. For Cause: Either Media Company or Agency may
terminate an IO at any time if the other party is in material breach of its obligations hereunder, which breach
is not cured within 10 days after receipt of written
notice thereof from the non-breaching party, except as
otherwise stated in these Terms with regard to specific
breaches. Additionally, if Agency or Advertiser breaches
its obligations by violating the same Policy three times
(and such Policy was provided to Agency or Advertiser)
and receives timely notice of each such breach, even if
Agency or Advertiser cures such breaches, then Media
Company may terminate the IO or placements associated with such breach upon written notice. If Agency
or Advertiser does not cure a violation of a Policy
within the applicable 10-day cure period after written
notice, where such Policy had been provided by Media
Company to Agency, then Media Company may terminate the IO and/or placements associated with such
breach upon written notice.
c. Short Rates: Short rates will apply to canceled buys to
the degree stated on the IO.
Copyright © 2014 American City Business Journals.
All Rights Reserved.

Rates and Products - The Business Journals

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