2010 Terms & Conditions
2010 Advertising Terms And Conditions
The following are certain general terms and conditions governing
advertising published in the U.S. edition of TIME Magazine (the “Magazine”)
published by Time Inc. (the “Publisher”).
1. Rates are based on average total audited circulation,
effective with the issue dated 1/11/2010. Announcement of any change in rates
and/or circulation rate base will be made in advance of the Magazine’s
advertising sales close date of the first issue to which such rates and/or circulation
rate base will be applicable. The Magazine Rate Card specifies the publication
schedule of the Magazine, and its respective on-sale dates.
2. The Magazine is a member of the Audit Bureau of Circulations
(ABC). Total audited circulation is reported on an issue-by-issue basis in publisher’s
statements audited by the ABC. Total audited circulation for the Magazine is
comprised of paid plus verified.
3. Advertisers may not cancel orders for, or make changes
in, advertising after the closing dates of the Magazine.
4. 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.
5. 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.
6. All advertisements, including without limitation those
for which Publisher has provided creative services, are accepted and published
in the Magazine upon the representation by the agency and advertiser that they
are authorized to publish the entire contents and subject matter thereof in
all applicable editions of the Magazine and that such publication will not violate
any law 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, without limitation, attorney’s fees) (collectively, “Losses”)
arising out of the publication of such advertisements in all applicable editions
of the Magazine, including, without limitation, those arising from third party
claims or suits for defamation, copyright or trademark infringement, misappropriation,
violation of the Lanham Act or rights of privacy or publicity, or from any and
all claims now known or hereafter devised or created (collectively “Claims”).
In the event the Publisher has agreed to provide contest or sweepstakes 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, without limitation, prizes) or services provided by or on behalf
of the agency or advertiser, their agents and employees, including, without
limitation, those arising from any Claims.
7. 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 written permission of the Publisher
in each instance.
8. No conditions, printed or otherwise, appearing
on contracts, orders or copy instructions which conflict with,
vary, or add 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 conditions, these Terms and Conditions
shall govern and supersede any such conditions.
9. The Publisher has the right to insert the advertising
anywhere in the Magazine at its discretion, and any condition on contracts,
orders or copy instructions involving the placement of advertising within an
issue of the Magazine (such as page location, competitive separation or placement
facing editorial copy) will be treated as a positioning request only and cannot
be guaranteed. The Publisher’s inability or failure to comply with any
such condition shall not relieve the agency or advertiser of the obligation
to pay for the advertising.
10. 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.
11. Agency commission (or equivalent): up to 15% (where applicable
to recognized agents) of gross advertising charges after earned advertiser discounts.
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.
13. Any and all negotiated advertiser discounts are only
applicable to and available during the period in which they are earned. Rebates
resulting from any and all earned advertiser discount adjustments must be used
within six months after the end of the period in which they were earned. Unused
rebates will expire six months after the end of the period in which they were
earned.
14. Special advertising production premiums do not earn any
discounts or agency commissions.
15. All advertisers in the Magazine will be subject to Time
Inc.’s standard 2010 issue-by-issue tally (IBIT) pricing system unless
specified in writing by the advertiser or its agency prior to the start of the
IBIT period that they elect to be subject to the Time Magazine 2010 issue-by-issue
audience tally (IBIAT) pricing system. Advertisers cannot be subject to both
the IBIAT pricing system and the IBIT pricing system within the same calendar
year.
1. Magazine circulation delivery of
the U.S. and North American editions of magazines published
by Time Inc. and its affiliates (collectively, referred to
herein as the “Publisher”) is measured on an issue-by-issue
tally (IBIT) pricing system for full-run circulation advertising
only. The IBIT pricing system is administered by comparing,
for each issue of a magazine in which an advertiser books space
and remits a cash payment for such advertisement, the issue’s
total audited circulation as reported in the magazine’s
publisher’s statement (issued by the Audit Bureau of Circulations
(ABC) or BPA Worldwide (BPA) for the first or second half of
the 2010 calendar year) and the published total circulation
rate base as set forth in the applicable magazine’s rate
card.
2. In order to permit advertisers to apply earned IBIT
credit in a timely manner, ABC Publisher’s Statements and BPA Circulation
Statements are used to calculate IBIT credit. The calculation may only be made
following the issuance of the Publisher’s Statements or Circulation Statements
for second half of the 2010 calendar year (July – December) and will be
based on final billed earned advertising rates.
3. Total audited circulation for magazines audited by
the ABC is comprised of paid plus verified (plus analyzed non-paid for those
magazines who count analyzed non-paid in their rate base). Total audited
circulation for magazines audited by BPA is comprised of qualified paid plus
qualified non-paid.
4. IBIT credits will be calculated on an individual insertion
basis and will only be credited to an advertiser if the total audited circulation
of the issue booked by the advertiser is lower by more than two percent (2%)
than its published circulation rate base.
5. If the total audited circulation of the issue booked
by an advertiser is lower by more than two percent (2%) than its published
circulation rate base, the advertiser’s IBIT credit will be calculated
by multiplying the net cost after agency commissions (excluding production
premiums) (“Net
Cost”) of the advertiser’s insertion in that issue by the difference
between two percent and the actual percentage by which the total audited
circulation is less than its published circulation rate base. By way of example,
if the “Net
Cost” of the advertiser’s insertion is $100,000 and the total audited
circulation of an issue is three percent lower than its published circulation
rate base, the IBIT credit would be calculated as follows: $100,000 x (3%
- 2%) = $1,000.
6. IBIT credit must be used against future insertions,
must be applied at the magazine at which it was earned and must be used within
12 months after the issuance of the Publisher’s Statements or Circulation
Statements for the second half (July – December) ABC/BPA reporting period
and calculation of the 2010 IBIT credit.. An advertiser may apply IBIT credit
to any brand, product or division within the same advertiser parent company.
7. IBIT credit will be issued net of agency commissions
and must be applied to invoices net of agency commissions. No agency commissions
will be paid by the magazine on IBIT credit.
8. IBIT credit may be applied to production charges.
9. The magazine will not refund IBIT credit as cash.
10. Only full-run circulation advertising in regular
issues as reported in Paragraph 3 of the Publisher’s Statements issued
by ABC and Paragraph 2 of the Circulation Statements issued by BPA are eligible
for IBIT credit. The following are not eligible for IBIT credit: (a) special
issues published in addition to the normal frequency of a magazine (including
those listed in Paragraphs 3 and 2 of the ABC Publisher’s Statements and
BPA Circulation Statements, respectively) and (b) any issues specifically excluded
from being eligible for IBIT per the applicable magazine’s rate card.
11. No barter (whether cash paid or trade), standby or
remnant advertising is eligible for IBIT credit.
12. IBIT credit will only be issued against eligible
insertions that have been paid in full at the final earned and billed (pre-IBIT)
rate.
1. Audience delivery of the U.S. edition
of TIME Magazine (“the Magazine”) is measured on
a calendar year issue-by-issue audience tally (IBIAT) pricing
system for full-run advertising in the national edition of the
Magazine only. Advertisers must run in at least three national
edition issues during the calendar year to qualify for the IBIAT
Pricing System. Advertisers who do not run in a minimum of three
national edition issues do not qualify for the IBIAT Pricing
System. The IBIAT pricing system is administered by comparing,
for each issue of the Magazine in which an advertiser books
space and remits a cash payment for such advertisement during
an IBIAT period (one calendar year), the issue's total audience
as reported by MRI in its Issue Specific Study and Time Magazine’s
2010 total adult (18+) audience guarantee of 19.5 million.
2. If the total audience of the issue booked by an advertiser
is lower than the 19.5 million audience guarantee, the advertiser will receive
a credit computed by multiplying the net cost after agency commissions (excluding
production premiums) of the advertiser's insertion in that issue by the percentage
by which the audience is less than 19.5 million.
3. If the total audience of the issue booked by an advertiser
is higher than the 19.5 million audience guarantee, then the magazine will
receive a credit computed by multiplying the net cost after agency commissions
(excluding production premiums) of the advertiser's insertion in that issue
by the percentage by which the audience is greater than 19.5 million.
4. If, at the end of an IBIAT period, the advertiser has
more IBIAT credit than the Magazine, the excess can be credited against future
insertions not yet ordered or booked.
5. If, at the end of an IBIAT period, the Magazine has
more IBIAT credit than the advertiser, no adjustment will be made.
6. An advertiser's insertions may be tallied by a brand
or combination of brands to be agreed upon in advance in writing by the advertiser
or its advertising agency and the Magazine. Otherwise, all insertions will
be grouped corporately by advertiser parent company. For IBIAT credit to be
tallied other than corporately, each brand or combination of brands must run
in a minimum of three national edition issues within an IBIAT period. Changes
cannot be made in the way an insertion is to be tallied subsequent to the last
issue date of the IBIAT period.
7. If an advertiser utilizes a split run with three or
more brands, products or divisions, the IBIAT pricing system will be applied
to the brand, product or division using the largest portion of the split,
unless otherwise requested in writing by the advertiser prior to the publication
of the insertion.
8. IBIAT credit must be used against future insertions
not yet ordered or booked, must be applied at the Magazine and must be used
within 12 months after the end of the IBIAT period in which the credit was
earned or such credit will expire. An advertiser may apply IBIAT credit to brands,
products or divisions (within the same advertiser parent company) other than
those for which the credit was actually earned.
9. IBIAT credit will be issued net of agency commissions
and must be applied to invoices net of agency commissions. No agency commissions
will be paid by the Magazine on IBIAT credits.
10. IBIAT credit may not be applied to production
charges.
11. The Magazine will not refund IBIAT credit as
cash.
12. Only full-run advertising in regular issues of the national edition of
the Magazine is eligible for IBIAT credit. The following are not eligible for
IBIAT credit: (a) special issues published in addition to the normal frequency
the national edition of the Magazine and (b) any issues specifically excluded
from being eligible for IBIAT per the Magazine’s rate card.
13. No barter
(whether cash paid or trade), standby or remnant advertising is eligible for
IBIAT credit.
14. IBIAT credit will only be issued against eligible insertions
that have been paid in full at the final negotiated, earned, and billed (pre-IBIAT) rate.
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