Advertising terms and conditions
The term "publisher" shall refer to theBORDERHOUNDS, Inc.
1. The publisher reserves the right to edit, revise, or reject any listing, advertisement or other content (collectively "advertising" or "advertisement") for any reason.
2. Neither the publisher nor any affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any advertisement.
3. The publisher does not guarantee any given level of circulation, distribution, reach or readership for an advertisement.
4. The advertiser and advertising agency assume liability for all content (Including text representation, illustrations, updates and links to other internet content) of advertisements published and also assumes responsibility for any claims arising there from made against the publisher or affiliates, including all costs associated with defending any such claim.
5. All advertising copy that may be mistaken by a reader as news, feature or other non-advertising materials must be clearly marked "advertisement".
6. All positions are at the option of the publisher. In no event will adjustments, reinstatements or refunds be made because of the position in which an advertisement has been published. The publisher will seek to comply with position requests and other stipulations that appear on insertion orders but cannot guarantee that they will be followed.
7. The publisher shall be under no liability for its failure for any cause to publish an advertisement.
8. Advertiser understands and agrees that the publisher shall be the exclusive owner of any and all rights, title, and interest including copyright in and to any works of authorship, derivative works, adaptations, inventions or other intellectual property generated by the publisher, its employees or agents pursuant to this agreement, and any advertising and-or promotional materials relating thereto.
9. Advertiser grants to the publisher the worldwide royalty-free right to redistribute, sublicense, and otherwise distribute the advertising to any third party in any medium whatsoever.
10. The advertiser or advertising agency shall pay the production cost of advertising created by publisher but not used. Charges for changes (not corrections) from original layout and copy will be based on current production rates.
11. The publisher will not be responsible for errors appearing in advertisements which are placed after deadline or for errors due to late delivery of material from the advertiser or advertising agency or from a third party designated by the advertiser or advertising agency as a source for material to be published.
12. Corrections or changes of advertising dates and/or changes of advertising content must conform to published deadlines.
13. Once an advertisement has been accepted, it cannot be cancelled. The advertisement will continue to run for the full length of the agreement.
14. The publisher does not assume any liability for the return of any material in any medium in connection with advertising.
15. On advertising where credit is allowed by the publisher at its sole discretion, monthly accounts are due and payable, on or before the fifteenth (15th) day of the month prior to the month the ad is to appear. (Example: payment is due on August 15th for an ad which is to run beginning September 1st). Ads will not begin in the middle of a month. All ads start of the 1st day of a month and run to the last day of the month unless agreed upon in writing by publisher.
If any credit transaction is not approved for any reason, such account shall be deemed delinquent. When any part of an account for advertising becomes delinquent, then the entire amount owed shall become due and payable and the publisher may refuse to publish any advertising from said advertiser. In this event, the advertiser or advertising agency shall pay for advertising according to the rate earned at the time of the delinquency.
Advertisers who run a Multiple Banner Ad and pre-pay for one year will be given a 10% discount.
16. All advertising fees must be paid in full for the entire length the ad is to run for, at the time the advertisement is submitted, unless the publisher grants, "credit status" to an advertiser. All payments must be in the form of a cashier's check or money order.
17. In the event an account is referred to a third party for collection, advertiser and advertising agency agree to pay all collection fees including attorneys' fees and court costs incurred to effect collection.
18. Incorrect rates on orders that do not correspond to current rates will be regarded as clerical errors and the advertising will be published and charged at the applicable rates in effect at time of publication.
19. Orders are accepted by publisher, subject to the foregoing terms and conditions. Terms, conditions, rates or agreements not set forth herein or in then current rate schedules are not binding. Customer service representatives and sales representatives are not authorized to modify any of these terms and conditions. Any modification of these terms and conditions is effective only if set forth in a separate written agreement signed by a duly authorized representative of the publisher. The publisher is not bound by any promises or representations made by its sales representatives unless set forth in writing and signed by an officer of the publisher.
20. The publisher shall not be liable to the advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or web sites or the service.
21. These Terms and Conditions supercede any terms contained in any Insertion Orders, even if signed by a representative of the publisher.