Terms and Conditions for Advertising Pool Magazine, a subsidiary of the Poolmarketing.com® Network, is referred to as the ‘Publisher,’ and the ‘Advertiser,’ including agents, is referred to as the person booking the advertising space. The term ‘Rate Sheet’ refers to the Publisher’s current scale of charges for advertisements, a copy of which can be obtained from the Publisher. The term “contract” refers to a legally binding booking accepted by the Publisher. The term “cancellation” of a Contract refers to the cancellation of all or part of the remaining unperformed portion of the Contract.
The advertisement is accepted with the understanding that the relationship between the Advertiser and Pool Magazine (the Publisher) is governed by the terms and conditions outlined below. Any alternative conditions stipulated on an Advertiser’s agreement/insertion order or anywhere else shall be void unless specifically approved in writing by the Publisher. The publication of a Rate Sheet or email correspondence does not constitute an offer to contract by the Publisher.
Only the Publisher’s written acceptance of the Advertiser’s signed agreement/insertion order creates a contract. Publisher The Publisher reserves the right to refuse any information submitted for publication, and the Publisher’s decision is final in this regard. All information is accepted subject to the approval of the copy by the Publisher and the availability of space. In the case of print advertisements, the Publisher reserves the right to make any necessary changes to the copy. Advertisements and copy must adhere to the Publisher’s specifications.
For online Advertisements, the Publisher reserves the right to reject or cancel any Advertisement, Order, URL link, space reservation, or position commitment at any time in its sole discretion; or to remove any Advertisement from any of the Publisher’s properties. Unless otherwise expressly stated, placement of Advertisements within the Publisher’s properties or on any page is at the Publisher’s sole discretion, and the Publisher is not prohibited from also carrying Advertisements for any product or business competitive to the Advertiser’s product or business.
The Advertiser warrants that any Advertisement submitted for publication will comply with all applicable laws, legislation, regulations, and codes of practice, and will not infringe on the rights of any third party. The Advertiser grants a non-exclusive, worldwide, fully paid license to reproduce and display the Advertisement (including all contents, trademarks and brand features contained therein).
The Advertiser will fully indemnify the Publisher for any costs, expenses, damages, or liability (including legal costs and awards ordered against the Publisher) arising from the Advertisement or its publication, or as a result of any breach or non-performance of any of the representations, warranties, or other terms contained herein or I The Advertiser also agrees to indemnify and hold Pool Magazine, PoolMarketing.com®, or any PoolMarketing.com® associated brand harmless from any costs, claims, or expenses arising directly or indirectly from any breach of any of the above warranties.
In the case of any advertisement placed by an advertising agency, both the advertiser and the said agency are parties to the contract in relation to the insertion order and are liable to the publisher for all matters arising under the contract.
Payment & Rates
All rates are quoted in NET rates. Rates for advertisements are subject to change at any time. A published rate is only applicable to an active contract. Renewals of contracts are subject to the current rates in effect at the time of signing. Unless Publisher grants alternative payment arrangements as part of the contract, prepayment is required. All non-prepaid advertisements must be paid in full no later than 30 days after the final invoice date. Unless otherwise agreed, the sum total of any multi-issue discount granted to Advertiser in accordance with the Rate Sheet and Contract will be applied to the contract’s final Advertisement. Errors, Cancellations, and Changes It is the Advertiser’s responsibility to ensure that the Advertisement is correct. Advertisements supplied by the Advertiser or his agent that contain copy errors, low resolution photos, or any other graphic design elements that result in poor quality reproduction are not liable to the Publisher. Advertisements created by the Publisher are subject to the Advertiser’s approval.
Acceptance of the Advertisement, whether verbal or written, constitutes acceptance of liability for the Advertisement’s content. In the event of an error, misprint, or omission in the printing of the Advertisement, except where caused by the Advertiser’s or its agents’ default, the Publisher will provide a make-good ad of equal value in the next issue. There will be no refunds for ads that are published. Any complaint about the reproduction of an advertisement must be submitted in writing to the Publisher within 28 days of the date of publication.
The Publisher will not accept responsibility for changes in insertion and copy dates unless they are confirmed in writing and received by the Publisher in sufficient time for the changes to be made. The Publisher reserves the right to charge for any additional costs incurred in making such changes. Orders, cancellations, and transfers cannot be canceled or transferred unless they are received in writing by the Publisher within four weeks of the publication date. If cancellations are not sent and received within 28 days, they are deemed null and void, and full payment is still required. If an Advertiser cancels a Contract, he forfeits any right to a series discount (if any) to which he was previously entitled, and Advertisements will be paid for at the published rate.
For any surcharges relating to advertisements that have already been invoiced at the discounted rate, a new invoice will be issued. Any previous invoices’ payment dates are unaffected. Diamond package clients receive a 1/2 page ad in Pool Magazine at no extra cost or upgrade to Full page ad for $1,000 Per Issue. Client must have an active monthly digital contract to qualify for the reduced issue rates. If the client cancels the monthly service, the client forfeits the ad in the upcoming issue. Contracts are legally binding. We offer a no refund policy. Payment for those ads is required whether the ads run or not. Acceptance of these terms and conditions is indicated by signature on the sales agreement and/or invoice, insertion order, email acceptance, or verbal agreement. Payment of an agreement’s first invoice also indicates that the agreement has begun and is valid
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