All advertising agreements, contracts, insertion orders, etc. are subject to the current rate card and the following terms and conditions.
Insertion instructions shall be supplied for every advertisement and shall clearly state the following information: name of advertiser and agency, date to be inserted, size of advertisement, identification of advertisement (proof of ad to be furnished if possible) plus any special instructions.
No conditions, printed or otherwise, appearing on the insertion order, billing instructions or copy instructions that conflict with the Publisher’s stated policies will be binding on the Publisher.
All advertising copy that represents the creative effort of the Publisher and/or the utilization of creativity, illustrations, labor, composition or material furnished by publication, is and remains the property of the Publisher, including the right of copyright therein. Advertiser understands and agrees that it cannot authorize photographic or other reproductions, in whole or part, of any such advertising copy for use in any other medium without the express written consent of the Publisher.
All invoices shall be due and payable 30 days after issuance. If not paid in full within such time, invoices shall bear interest at the rate of 1.83% per month (22% per annum), or the highest rate allowed by applicable law, if less, from the invoice date until paid in full. Advertiser shall pay all applicable sales or other taxes on ads run. An agency commission of fifteen percent (15%) of gross billing is allowed to recognized agencies of record provided the account is paid within ninety (90) days of invoice date. No agency commission will be allowed after 90 days of invoice date and will be added back to the invoice. Other charges, such as production charges, insert handling, reprints and other mechanical charges, are not commissionable. Agency commission is not available for inserts. There will be no commission for any ad that must be corrected or revised by Publisher.
Advertising agencies are responsible for payment of all advertising ordered on behalf of their clients, but Street & Smith’s Sports Group reserves the right to hold the agency and the Advertiser jointly and severally liable for all such payments. Upon (a) default by Advertiser in the payment of an invoice or invoices, (b) breach of the terms or conditions of the agreement/ contract by Advertiser or (c) conditions under which the Publisher shall determine that the credit of Advertiser may be substantially impaired, Publisher may cancel and terminate the agreement/contract at any time, or if waived, Publisher may require payment for further advertising under the agreement upon such terms as it may see fit. Advertiser and agency agree to pay all costs of collection, including all court costs and reasonable attorney’s fees, whether or not suit be filed.
All payment for advertising must be made to NASCAR ILLUSTRATED, 120 W. Morehead Street, Suite 320, Charlotte, N.C. 28202.
The Publisher reserves the right to refuse any ad it considers objectionable or inappropriate for its publication, or not in keeping with its standards, is similar in design to the news format of the publication, is misleading, or for any similar reason.
Advertiser and advertising agency jointly and severally agree to indemnify, defend and save harmless the Publisher from any and all liability, including attorney’s fees and other costs of defense, and any sums paid in settlement of claims, for content (including text, illustrations, representations, sketches, maps, trademarks, labels or other copyrighted matter) of advertisements printed, or the unauthorized use of any person’s name or photograph arising from the Publisher’s reproduction and publishing or such advertisements pursuant to the Advertiser’s or agency’s order. The Publisher reserves the right to reject, discontinue or omit any advertising or any part thereof. This right shall not be deemed to have been waived by acceptance or actual use of any advertising matter.
The Publisher’s liability for errors on its part shall be limited to a refund of that portion of the cost of the ad equal to the same ratio as the space occupied by the error bears to the entire ad. Publisher shall not be responsible for any errors or flaws contained within an ad that has been approved by Advertiser. Claims concerning incorrect insertions will not be considered unless made within thirty (30) days from the date of publication. If Publisher omits any agreed-upon ad for any reason, it shall publish the same in the next issue and shall have no further liability for such omission. Publisher shall not be liable for failure to run an ad caused by strikes, lockouts, acts of God, public emergencies, or other reasons beyond Publisher’s control affecting production or delivery in any manner, including but not limited to, failure on the part of a printer or a transportation interruption of any kind.
Design and copy are at the discretion of Publisher unless the insertion order requires on its face that proof be submitted before insertion. Advertising materials will be retained up to three (3) months following their use. If not ordered returned within that time, materials will be destroyed.
When proofs are required, proofs must be cromalin, matchprint or other. Publication grade 4C proofs required.