Insertion Order Advertising Terms & Conditions
The following standard terms and conditions apply to this insertion order entered into between the Residential Real Estate Council (RRC) and the Advertiser identified therein.
ADVERTISING MATERIALS
Advertiser assumes full responsibility for the preparation and timely submission of all artwork, copy, materials, drawings, and cuts to be included in any advertisement to be published by RRC. All advertising materials are subject to the final approval of RRC.
. If RRC does not receive advertising material by the applicable submission deadline, RRC reserves the right but is not obligated, to insert any recent advertising materials of Advertiser or prepare advertising materials for Advertiser at an additional charge. RRC’S insertion of alternative advertising materials or preparation of advertising materials or decision not to publish any advertising materials due to the failure of Advertiser to meet the Deadline shall not relieve Advertiser of any of its obligations and duties hereunder, including the obligation to pay the agreed charge for insertion of the pertinent advertising materials. Publication of any advertising materials received after the deadline is subject to a rush charge as determined by RRC.
RRC shall not be obligated to incorporate changes to advertising materials that are submitted by Advertiser after the Deadline. RRC’S failure to publish the corrected advertising materials submitted after the Deadline shall not relieve Advertiser of any of its obligations and duties under this Insertion Order, including the obligation to pay the Total Agreement Amount in full.
Except as specified in the Insertion Order, RRC makes no commitment concerning the requested position or timing of publication of Advertiser’s advertising materials.
GENERAL
The Insertion Order contains the entire agreement between the parties and supersedes all prior oral and written agreements, commitments, or understandings with respect to the matters provided for herein and it is agreed that RRC is not bound by any verbal or written agreement or arrangement not specifically stated in the Insertion Order. No part of the Insertion Order may be changed, amended, or modified except by a written agreement signed by RRC and Advertiser.
REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
Advertiser represents and warrants that publication by RRC, in any currently existing or future formats or media, of any advertising materials submitted by or on behalf of Advertiser will not (i) violate any right of any third party, including, but not limited to, any copyright, trademark, patent or right of publicity or privacy, (ii) contain any statement that is false, misleading, deceptive, malicious or defamatory, (iii) violate any applicable law, rule or regulation, or (iv) contain any claims that are not supported by sufficient prior substantiation. If any advertising materials are delivered to RRC in electronic form, such materials shall not contain any viruses, worms, malware or other code or devices capable of disabling or interfering with any computer systems or software. Advertiser shall defend, indemnify and hold RRC and its affiliates harmless against any and all claims, liabilities, costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by RRC in connection with a violation by Advertiser of any representation, warranty or covenant contained in this Insertion Order or arising out of the publication, display or distribution of any advertising hereunder.
LIMITATION OF LIABILITY
The advertiser and its agency are jointly and severally responsible for the content of all advertisements submitted to the Publisher. Both the advertiser and its agency shall indemnify, defend and hold harmless Publisher and its directors, officers, employees, and agents from and against any and all claims, actions, demands, losses, liabilities or damages, including, without limitation, legal and accounting fees, arising or resulting from the provision of any advertising copy to the Publisher by or on behalf of the advertiser. Publisher is not liable for any error in the advertisement. Advertiser and its agency agree to defend, indemnify and hold Publisher harmless against any expense or loss relating to any claims arising out of publication or breach of any Advertiser Warranty. Publisher is not liable for the quality of reproduction when specifications are not adhered to or when materials arrive after the due date specified in the RRC media kit. Publisher’s liability will not exceed the cost of the ad. The provisions of this paragraph shall survive any cancellation or termination of this Insertion Order.
PAYMENT
Payment is due in full 30 days from receipt of the invoice. RRC reserves the right to assess finance charges on any outstanding advertising charges not paid within 30 days after invoice. Publisher reserves the right to discontinue future advertisements if the advertiser or its agency fails to pay an invoice within 30 days after issuance. A charge of $35.00 will be levied for returned checks. The advertiser and its agency are jointly and severally liable for the full cost of any advertisements not printed because of non-payment.
CANCELLATION POLICY
Cancellations will not be accepted after the ad close date. Publisher reserves the right to use an advertisement from a previous issue for any cancellations received after the ad close date at full cost. The advertiser or its agency will be held accountable for all advertising fees if contracts are canceled after the issue’s reservation deadline or specified cancellation date. The individual who signs the contract signs as a representative of the advertiser’s company, therefore the burden of payment lies with the company, not the individual.
