2012 Terms & Conditions
2012 MAGAZINE TABLET ADVERTISING TERMS AND CONDITIONS
The following are certain general terms and conditions governing advertising in the Asia tablet edition of TIME magazine (the “Magazine”) published by Time Asia (Hong Kong) Limited (the “Publisher”), which may include distribution outside of Asia and which are effective with the April 30, 2012 issue date.
1. Rates are based on established sponsorship fees and are not subject to any agency commissions. Announcement of any change in rates will be made in advance of a magazine’s advertising sales close date of the first issue to which such rates will be applicable. Neither creative fees nor production premiums earn any discounts or agency commissions.
2. An advertiser running a “full region” full page or greater qualifying advertisement in the magazine print edition will run automatically in the tablet edition of that same issue in a “straight from print format” unless the advertiser explicitly opt-outs in writing, either on the insertion order or via email, by no later than the tablet ad close date (which shall be the same as the print ad close date). If no such notice is given to the Publisher, the qualifying advertisement will appear in the tablet edition. Certain advertisements that are not standard full-page run-of-book advertisements do not automatically qualify to run in the tablet edition as they require further action. These include, but are not limited to, advertisements with coupons, multiple page inserts, scent strips, and business reply cards. Please consult the Publisher for details. If an advertiser elects to opt-out of the tablet edition, such opt-out will apply to all tablet editions and devices of that issue.
If an advertiser wishes to include its qualifying advertisement in the tablet edition in a format other than “straight from print” (i.e., straight from print combo (for those publications that have portrait and landscape orientations), designed for tablet or enhanced for tablet), it must so indicate prominently on the insertion order by the tablet edition ad close date. See below for definitions of such formats.
With respect to qualifying advertisements in a straight from print format, if a URL exists in the print creative, such URL shall be automatically activated unless advertiser notifies the Publisher otherwise in writing; if the print creative has multiple URLs, the Publisher shall activate the brand’s main URL unless notified otherwise in writing. With respect to qualifying advertisements in a “designed for tablet” format, if such advertising creative contains one URL, the Publisher shall automatically activate that URL; if the advertisement contains more than one URL, the Publisher shall activate the brand’s main URL.
3. Full region advertisements that are less than a full-page but equal to or greater than 1/3 page have the opportunity to be included in the tablet edition of that same issue if a supplemental non-commissionable space fee is paid and creative is resupplied to a full-page designed for tablet or straight from print format.
4. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine.
5.The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
6. The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating the Magazine’s editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable.
7. All advertisements, including but not limited to those for which Publisher has provided creative services, are accepted and published in the Magazine subject to the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof in all applicable editions, formats and derivations of the Magazine and that such publication will not violate any law, regulation or advertising code or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the Publisher harmless from and against any and all losses and expenses (including, but not limited to, attorney’s fees) (collectively, “Losses”) arising out of the publication of such advertisements in all applicable editions, formats and derivations of the Magazine, including, but not limited to, those arising from third party claims or suits for defamation, malicious falsehood, copyright, design or trademark infringement, unfair competition, misappropriation, violation of the United States Lanham Act or rights of privacy or publicity, any unfair commercial practice or misleading advertising or impermissible comparative advertising or from any and all claims or regulatory breaches, now known or hereafter devised or created (collectively “Claims”). In the event the Publisher has agreed to provide contest or sweepstakes (or prize draw) management services, email design or distribution or other promotional services in connection with an advertising commitment by advertiser, all such services are performed upon the warranty of the agency and advertiser that they will, jointly and severally, indemnify and hold the Publisher harmless from and against any and all Losses arising out of the publication, use or distribution of any materials, products (including, but not limited to, prizes) or services provided by or on behalf of the agency or advertiser, their agents and employees, including, but not limited to, those arising from any Claims.
8. In consideration of the Publisher”s reviewing for acceptance, or acceptance of, any advertising for publication in the Magazine, the agency and advertiser agree not to make promotional or merchandising reference to the Magazine in any way without the prior express written permission of the Publisher in each instance.
9. No text/language, printed or otherwise, appearing in contracts, orders or copy instructions which conflicts with, varies, or adds to these Terms and Conditions or the provisions of the Magazine”s Rate Card will be binding on the Publisher and to the extent that the Terms and Conditions contained herein are inconsistent with any such text/language, these Terms and Conditions shall govern and supersede any such text/language.
10. The Publisher will attempt to keep the same running order of advertisements as the print edition, but the Publisher does not make any adjacency guarantees or other promises regarding competitive separation of the positioning of any advertisements in the tablet edition. The Publisher”s inability or failure to comply with the foregoing shall not relieve the agency or advertiser of the obligation to pay for the advertising, as applicable. Final positioning of advertising is subject to approval of the Publisher and supersedes any instructions on insertion orders, contracts, or copy instructions.
11. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue(s) of the Magazine because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
12. Invoices are rendered on or about the on-sale date of the Magazine. Payments are due within 20 days from the billing date. The Publisher reserves the right to change the payment terms to cash with order at any time. The advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the Magazine. All payments must be made in the currency stated on the invoice. All rates are quoted and payments due, free of all withholding, taxes and duties.
13. All pricing information shall be the confidential information of the Publisher and neither advertiser nor agency may disclose such information without obtaining Publisher’s prior written consent.
14. The Publisher reserves the right to modify these Terms and Conditions.
15. For purposes of these Terms and Conditions, the following terms shall have the following meanings: (i) “straight from print” or “SFP” shall mean that the page on screen looks exactly like the advertisement appearing in the print edition; (ii) “straight from print combo” shall mean that the full page qualifying advertisement shall run in a SFP format in one view (portrait or landscape) and a DFT format in the other view; (iii) ”designed for tablet” or “DFT” shall mean that the same creative has been resupplied and designed for optimal reading on the tablet and is meant to be displayed at 100%; (iv) “enhanced for tablet” shall mean an advertisement that has added enhancements and bonus content to transform the print content to more fully utilized the tablet medium (e.g., hotspots, photo slide shows, video, audio, in-app browser, etc.); and (vii) “full region” advertisements shall mean ads that are included in all copies of an issue of the Magazine.
16. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflicts of law rules, and the Publisher, advertiser and agency irrevocably submit to the non-exclusive jurisdiction of the Courts of Hong Kong for the purposes of enforcing any claims under these Terms and Conditions. These Terms and Conditions herein written in the English language are the authentic text and any differences or disputes shall be resolved solely by reference to this text.
For more information contact your TIME Sales Representative.
Updated March 22, 2012