All advertisements are accepted subject to the following terms and conditions:
The FADER shall not be subject to any liability for any failure to publish or circulate all or any part of any issue due to strikes, work stoppages, accidents, fires, acts of nature or any circumstance not within the control of The FADER.
The FADER assumes no liability for errors in key numbers.
Positioning of advertisements is solely at the discretion of The FADER, except where specific preferred positions are covered and agreed by contract in writing from The FADER. Any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of The FADER will be treated as a positioning request only. The FADER’s inability or failure to comply with any such condition shall not relieve the Advertiser and Agency of the obligation to pay for the advertising.
Advertiser and Agency may not cancel orders for advertising for any reason whatsoever.
All advertisements are accepted and published with the understanding that the Advertiser and Agency represent that they are authorized to publish the entire contents and subject matter thereof 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 and save The FADER harmless from and against any and all losses and expenses arising out of the publication of such advertisements, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of rights of privacy or publicity or from any and all similar claims now known or hereafter devised.
Payment is due with artwork for new accounts. Payment is due within 30 days from the date of the invoice for accounts with approved credit. Interest will be charged at a rate of 1.5% per month on past due invoices. Advertiser and Agency agree to reimburse The FADER for any fees and costs incurred by The FADER in collection of any unpaid fees for advertisements including attorney fees and court costs. All invoices are billed in U.S. dollars and all payments must be in U.S. dollars drawn on a U.S. bank.
Advertiser assumes full responsibility for all payments in the event of Agency default. It is understood that the Advertiser and Agency are jointly and severally liable for the payment of invoices for advertising.
Advertiser and Agency agree not to make promotional or merchandising references to The FADER in any way except with prior written permission from The FADER.
Claims for defects, damages or for non-performance by The FADER must be made by Advertiser or Agency in writing within a period of thirty (30) days from on-sale date of issue. Failure to make such written claim within the stated period shall constitute irrevocable acceptance and an admission that all terms, conditions and specifications have been met. Advertiser and Agency are liable for payment regardless of any deviation from the published rate card including deviations in rate base, circulation and frequency. The FADER’s liability shall be limited to the net invoice price of the advertisement in dispute and shall in no event include special or consequential damages, including profits lost and/or liquidated damages.
Advertiser and Agency agree to pay for all advertisements produced by The FADER. Failure of The FADER to produce all issues called for in a multi-frequency contract, for whatever reason, shall not absolve Advertiser or Agency from paying for all issues in which Advertiser or Agency has contracted and in which Advertiser’s advertisement appears.
This agreement shall be governed and construed according to the laws of the State of New York.
The foregoing terms and conditions constitute the relationship between the Advertiser and/or Agency and The FADER. Unless agreed to in writing by The FADER, no other terms or conditions in contracts, orders, copy, instruction, or otherwise will be binding on The FADER.