PRINT / Terms & Conditions
MANSUETO VENTURES ADVERTISING TERMS AND CONDITIONS
The following are certain terms and conditions governing advertising published in Inc. magazine (the “Magazine”). Submission of insertion order for placement of advertising in the Magazine constitutes acceptance of the following terms and conditions. No terms or conditions in any insertion orders, instructions, or documents other than this Rate Card will be binding on Mansueto Ventures Publishing (“Publisher”) unless Publisher agrees to such terms and conditions in writing.
1. AGENCY COMMISSION AND PAYMENT
Submission of insertion order by advertising agency on behalf of advertiser constitutes agency’s agreement to pay all invoices for placement of advertising in the Magazine pursuant to such insertion order. Notwithstanding the foregoing, submission of insertion order constitutes agreement that advertiser guarantees prompt and full payment for such advertising in the event of material default by agency. Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in the Magazine.
Agency commission (or equivalent): fifteen percent (15%) of gross advertising space charges, payable only to recognized agents. Invoices are rendered on or about the on-sale date of the Magazine. Payments are due within thirty (30) days after the billing date.
No agency commission is payable, and Publisher will not grant any discounts, on production charges. Any discounts received by advertiser on advertising space charges may not be applied to production charges.
2. CANCELLATION AND CHANGES
Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted.
Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine. The rates and conditions of advertising in the Magazine are subject to change without notice.
3. CIRCULATION GUARANTEE
The Magazine is a member of the Audit Bureau of Circulation (ABC). The following paid rate base guarantee is based on the ABC’s audited reported circulation for the Magazine averaged over the calendar year in which advertising is placed. Publisher guarantees circulation to national advertisers by brand of advertised product or service. In the event the audited twelve month average circulation does not meet the guaranteed rate base, Publisher shall grant rebates to the advertiser in advertising space credit only, which must be used within six (6) months following the issuance of audited ABC statements for the period of shortfall. Rebates will be calculated on the basis of the difference between the stated rate base at time of publication, and the ABC audited twelve month average. Publisher does not guarantee circulation to regional advertisers, and regional circulations reported by the ABC are used by Publisher only as a basis for determining the Magazine’s advertising rates.
4. PUBLISHER’S LIABILITY
Publisher is not liable for any failure or delay in printing, publishing, or circulating any copies of the issue of the Magazine in which advertising is placed pursuant to an insertion order that is caused by, or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Publisher’s control. Publisher is not liable for any failure or delay in publishing in the Magazine any advertisement submitted to it. Publisher does not guarantee positioning of advertisements in the Magazine, is not liable for failure to meet positioning requirements and is not liable for any error in key numbers.
The liability of Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the cost of the advertising space affected by the error. In no event shall Publisher be liable for any indirect, consequential, special, or incidental damages, including, but not limited to, lost income or profits.
5. DIGITAL REPLICANT APP
All full-page national print advertising will receive static placements. On select platforms, visible URL’s in the ad will be hyperlinked in Inc.’s replicant app at no additional cost. Unless otherwise specified by the advertiser, Inc. will pick-up print creative and run it exactly as it appears in the Magazine. Advertisers also have the option to opt out or provide alternative tablet creative to run in lieu of print creative. See tablet specs for details on how print creative is displayed in the app, opting out, and supplying alternative tablet creative. If Inc. does not receive a request to opt-out or alternative creative by issue close date, the ad will run exactly as it appears in the Magazine.
Advertising agency and advertiser each represents and warrants that each advertisement submitted by it for publication in the Magazine contains no copy, illustrations, photographs, text or other content that may result in any claim against Publisher. Advertising agency and advertiser each shall indemnify and hold harmless Publisher from and against any damages and related expenses (including attorneys’ fees) arising from the content of advertisements, including, but not limited to, claims of invasion of privacy, unauthorized use of names or pictures of living persons, trademark infringement, copyright infringement, libel, and misrepresentation.
Publisher’s acceptance of an advertisement for publication in the Magazine does not constitute an endorsement of the product or service advertised.
No advertiser or agency may use the Magazine’s name or logo without Publisher’s prior written permission for each such use.
The word “advertisement” will be placed above all advertisements that, in Publisher’s opinion, resemble editorial matter.
This agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions. Any civil action or proceeding arising out of or related to this agreement shall be brought in the courts of record of the State of New York in New York County or the U.S. District Court for the Southern District of New York. Advertiser and agency consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts.