Contract Regulations

CONTRACT YEAR  Advertising must be inserted within 1 year of first insertion to earn a frequency discount. An advertiser who does not complete a committed schedule will be subject to short rate. Credits earned by increasing frequency during a contract year will be applied toward future billing for space. No cash rebates will be made. Orders accepted are subject to rate change with notice by Publisher prior to closing date of effective issue. Orders containing incorrect rates or conditions will be inserted and charged the regular scheduled rates. Such errors will be considered as clerical only.

AGENCY All advertisements are published for the benefit of advertiser and advertising agency, and each of them is jointly and severally liable for all charges.

BILLING Payment in U.S. dollars, including any applicable tax, due at Publisher’s Dropbox in Dallas, TX, within 30 days of date of invoice. Any error in billing is binding upon advertiser and/or advertising agency unless Publisher receives written notice of the error within such 30-day period.

CREDIT Payment is to be made in advance, unless credit is approved by Publisher or President.

PAST DUE All accounts not paid in full within 30 days of date of invoice shall incur a late charge of 3/4% per month from the due date until paid in full.

COLLECTION In the event advertiser and/or advertising agency defaults in payment of invoices, such invoices are turned over for collection. In this event, advertiser and/or advertising agency shall be totally liable for all fees and sums charged by the collection agency or attorney. If any suit or other judicial proceeding is instituted or had thereon or if such fees and sums are collected through probate or bankruptcy proceeding, advertiser and/or advertising agency shall be totally liable for all attorneys’ fees and court costs incurred by Publisher in the collection of said invoices.

LIMITS OF LIABILITY Publisher’s liability for failure to publish the advertisement or any error in the advertisement shall be limited to a “make good” in the next available issue.

JURISDICTION AND VENUE Jurisdiction and venue for any litigation ensuing from advertising placed in Texas Monthly shall properly lie in Travis County, Texas. The advertising services offered in this Rate Card are performable in Travis County, Texas.

1. The Publisher or President will accept requests to make changes at its discretion but is not responsible for any errors in any revisions made by the Publisher, nor is the Publisher responsible for errors in advertising materials supplied by the advertiser or its agent. The Publisher reserves the right to make such modifications to the advertiser’s submitted files as are necessary to bring them into compliance with the magazine’s current specifications and is not responsible for any errors resulting from this modification.

2. All advertisements are accepted and published by the Publisher upon the representation that advertiser and/or advertising agency are authorized to publish the entire contents and subject matter thereof. This includes but is not limited to the rights to (a) convert advertisements between digital formats and incorporate the advertisements into Publisher’s digital products, which may be published on an online network and in so doing, to modify, alter, and edit the advertisements as Publisher deems appropriate; (b) reproduce the advertisements for publication and distribution in the forms, manners, and media listed in subparagraph (a) above; and (c) display publicly and distribute the advertisements as incorporated into the media listed in subparagraph (a). Advertiser and/or advertising agency warrant that advertiser owns all rights in and to the advertisements submitted for publication, including copyrights, and the advertisements do not violate any applicable state or federal trade regulation and do not invade the privacy rights of any person or libel any person. When advertisements containing the names, pictures, and/or testimonials of persons are submitted for publication, the order or request for the publication thereof shall be deemed a representation by the advertiser and/ or advertising agency that they have obtained the written consent for the use in the advertisement of the name, picture, and/or testimonial of any such person or the consent of his administrator, executor, heirs, or assigns. In consideration of the Publisher’s acceptance of any advertisements for publication, advertiser and advertising agency shall, jointly and severally, indemnify and hold the Publisher or President harmless from and against any loss or expense Including without limitation reasonable attorneys’ fees, resulting from claims or suits based upon the contents or subject matter of such advertisements, including without limitation claims or suits alleging negligence, gross negligence, deceptive trade practices, libel, violation of right of privacy, plagiarism, and copyright infringement.

3. The term “advertising agency” as used in this Rate Card refers to a recognized individual or group of individuals who make the media selection, handle the order, coordinate and process the space placed with the Publisher under the terms of this Rate Card, furnish and prepay transportation and import charges on all printing materials submitted, furnish print materials to Texas Monthly’s mechanical specifications, and process prompt payment.

4. The Publisher shall not be liable for failure to publish or distribute all or any part of any issue because of labor disputes, accidents, fires, acts of God, or any other circumstances beyond the Publisher’s control. In all cases, Publisher’s liability for failure to publish an advertisement or for any error or mistake made by Publisher in any advertisement shall be limited to a refund of all or part of the amount paid forthe publication of the particular advertisement in question. In no event shall the Publisher be liable for any resulting or in consequential damages resulting from such failure to publish or mistake. This limitation of liability shall apply even if the failure to publish or mistake was solely the fault of the Publisher.

5. All orders are subject to Publisher’s acceptance in Austin, Texas. Publisher reserves the right to reject or cancel any advertising for any reason at any time, including, but not limited to, any advertisement that in the opinion of the Publisher does not conform to the editorial or graphic standards of the publication.

6. All advertisements must be clearly and prominently identified by a trademark and/or the signature of the advertiser. The word “Advertisement” in 9-point type or larger shall be printed at the top of advertisements that in the opinion of the Publisher might be confused with editorial pages.

7. This Rate Card and the terms of any written advertising contract between Publisher and advertiser and/or advertising agency shall constitute the entire agreement between such parties with respect to the publication of advertisements and shall supersede any and all prior written or oral agreements or understandings between the parties. All terms and conditions stated under heading Texas Monthly in current issue of Consumer Magazine Rates and Data, published by Standard Rate and Data Service, Inc., are incorporated by reference into this Rate Card.

8. The advertising agency and the advertiser assume and agree to pay the charges, including any applicable tax, for advertising published at their direction. Invoices shall be sent, at Publisher’s option, to the agency or the advertiser.

9. Publisher reserves the right to cancel the contract at any time upon default by agency or advertiser in the payment of invoices. In the event of such cancellation, charges for all advertising shall become immediately due and payable by the agency. Furthermore, if there has been any default in the payment of a prior invoice or if, in the sole judgement of Publisher, agency’s credit becomes impaired, Publisher shall have the right to require payment for further advertising under this contract upon such terms as it may see fit.

10. Advertising agencies and advertisers seeking copyright protection must include their copyright notice in their advertisements.

11. No waiver or modification of any of the terms set forth in this Rate Card shall be binding on the Publisher unless in writing signed by an officer of the magazine.