Effective January 2013
Submission of materials, insertion orders, and verbal and nonverbal space reservations constitutes acceptance of the following conditions of publisher, New Track Media, LLC:
All advertising copy is subject to approval by publisher, which reserves the right to reject or cancel any advertisement or part thereof deemed unsuitable for any reason.
All space cancellations must be received in writing prior to the space reservations closing dates.
Absence of written notification after verbal reservation does not invalidate space commitment.
Conditions and rates are subject to change upon written notice from the publisher. Any rate changes will be announced in advance of the closing date of the first issue affected. In lieu of any such announcement, rates in this card will be in effect until December 2013.
Rate holders not allowed. Rate card in effect at beginning of contract period will set the rate for that contract. Contracts must specify specific issues within a 12-month period to earn frequency discount.
Publisher is not bound by any conditions, printed or otherwise, in the advertiser's instructions if they conflict with the rate card.
Positioning of advertisements is at sole discretion of publisher. Orders specifying positions are accepted on a request basis only. Specific positions are not guaranteed. Publisher reserves the right to limit advertisers to one cover position at a time.
Covers available only on every-issue basis as 4-color artwork.
The advertiser and its agency, if there is one, each represents that it has the right and authorization to publish any advertisement it has submitted, and that it is fully authorized and licensed to use all content including, but not limited to, the names and/or pictures of persons, living or dead, or of things, trademarks, service marks, copyrighted, proprietary or otherwise private material, or testimonials, contained in any advertisement submitted by or on behalf of the advertiser and/or its agency. Each agrees jointly and severally to indemnify and save harmless New Track Media against all loss, liability, damage, and expense of whatever nature arising from our copying, printing, or publishing of such advertisement.
The name of a competitor may not be used in product comparisons, nor may competing products be characterized in such a way as to make their identity readily apparent to the reader.
Short rates and rebates will apply if advertiser, within a contract period, earns rates other than those billed. Sky & Telescope reserves the right to issue space credits in lieu of cash rebates.
Publisher assumes no liability for errors in materials either when we have been asked to modify ads or when such changes were otherwise considered necessary (to meet our production requirements) when original materials were not received by the materials deadlines published elsewhere in this rate card.
Any ads produced, in whole or in part, by New Track Media become the sole property of New Track Media. As such, Publisher reserves the right to refuse requests to distribute said advertisements for use in other media.
Publisher assumes no liability for errors in key numbers or advertisers index. In the event publisher fails to publish an advertisement or causes an error in advertisement, publisher's sole liability shall, at publisher's option either be to refund the cost of the advertisement or rerun the advertisement, in a mutually agreed-upon issue, free of charge.
Publisher reserves the right to hold advertiser and/or agency jointly and separately liable for monies due and payable to publisher for advertising ordered by advertiser and/or agency and printed by publisher. New advertisers must submit a credit application.
Advertiser and Agency agree that any advertisements submitted to New Track Media for publication may be included in all media, whether now in existence or hereafter developed, in which the issue containing said advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part.
Publisher is not liable for delays in delivery and/or nondelivery in the event of circumstances beyond control of Publisher affecting production or delivery in any manner.