2012 Terms & Conditions
TIME INC. 2012 MAGAZINE TABLET ADVERTISING TERMS AND CONDITIONS
The following are certain general terms and conditions governing advertising in the tablet editions of magazines published by Time Inc. and its affiliates (collectively, referred to herein as “Publisher”), which may include international distribution and which are effective with the first 2012 issue date of each magazine.
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. Where specified in the magazine Print Terms and Conditions, the magazines are members of the Audit Bureau of Circulations (ABC) or BPA Worldwide (BPA). Tablet circulation may, at Publisher’s discretion, be reported on an issue-by-issue basis in publisher’s statements audited by the ABC or BPA.
3. An advertiser running a national 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 magazine publishers 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 Publisher otherwise in writing; if the print creative has multiple URLs, 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, Publisher shall automatically activate that URL; if the advertisement contains more than one URL, Publisher shall activate the brand’s main URL.
4. National 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.
5. Advertisers may not cancel orders for, or make changes in, advertising after the ad closing dates of the magazines.
6. 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.
7. Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating a magazine’s editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable.
8. All advertisements, including without limitation those for which Publisher has provided creative services, are accepted and published in the magazines 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 magazines, that they have obtained all necessary rights, consents and releases and that such publication will not violate any law or infringe upon any right of any party. Publisher bears no responsibility or liability with respect to failure of advertiser to obtain any rights, consents or releases. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold 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, formats and derivations of the magazines, 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 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 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.
9. In consideration of Publisher’s reviewing for acceptance, or acceptance of, any advertising for publication in any of the magazines, the agency and advertiser agree not to make promotional or merchandising reference to any of the magazines in any way without the prior written permission of Publisher in each instance.
10. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions will be binding on 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.
11. Publisher will attempt to keep the same running order of advertisements as the print edition, but Publisher does not make any adjacency guarantees or other promises regarding competitive separation of the positioning of any advertisements in the tablet edition. 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 Publisher and supersedes any instructions on insertion orders, contracts, or copy instructions.
12. 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 magazines because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of Publisher.
13. Invoices are rendered on or about the on-sale date of the magazines. Payments are due within 20 days from the billing date. 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 magazines.
14. All pricing information shall be the confidential information of Publisher and neither advertiser nor agency may disclose such information without obtaining Publisher’s prior written consent.
15. Publisher reserves the right to modify these terms and conditions.
16. 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%; and .(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.).
For more information, please contact your TIME Sales Representative.
These Tablet Advertising Terms and Conditions were revised April 2, 2012