Advertising Terms

Advertising Contract and Terms & Conditions

  1. This document represents the entire Agreement between TheHomeMag®, hereinafter referred to as THM, and the named advertising company, hereinafter called Advertiser. This Agreement may not be modified, expanded or contracted by any oral agreement or representation. Acceptance of this Agreement is at the sole discretion of THM and no other acceptance is implied.

  2. The signing party for the Advertiser: a) attests that he/she has the authority to place and commit to such advertising, b) attests that he/she has authority to authorize the use of the provided method of payment, and c) personally guarantees payment per this Advertising Agreement.

  3. THM will furnish advertising proofs for your print advertisement, which will be used for corrections only. Once the advertisement has been created per Advertiser requests, any changes thereafter may result in additional charges to Advertiser.

  4. If Advertiser fails to return any advertising proof prior to deadline, this shall indicate Advertiser’s approval of such proof and Advertiser shall continue to be responsible for all payments due under this agreement. Failure to acknowledge or return any advertising proof will not alter the Advertising Agreement payment terms or obligations in any way.

  5. Any In-book Ad cancellations must be in writing (printed, email, or text). Any In-Book Ad cancellation received within a current issue cycle will be honored and accepted for the next immediate issue. Accessory Product cancellations (for items such as DAL, Bookmark, PopOut, etc) will not be accepted within 45 days of the first Issue deadline for that contracted and scheduled product. No cancellations are allowed for multi-Issue Accessory Product print-and-hold agreements once the first Issue has been printed.

  6. Should Advertiser reserve space in any publication and/or digital presence of TheHomeMag and not supply advertising copy or artwork by the published deadline, THM may, at its discretion, either create an ad or use Advertisers prior ad, changing only expiration dates where applicable. Advertiser will be responsible for payment of all such advertisements at the agreed upon contracted rates.

  7. Advertiser understands and accepts that in our normal printing process differences in the quality of paper may cause a variation in color, clarity and overall appearance between the proof and the printed magazine.

  8. THM does not guarantee print or digital ad positioning within the magazine, except with a signed and accepted Agreement calling for exact page and/ or level positioning, which if available, may be sold at premium pricing.

  9. THM assumes no responsibility for errors which do not affect the value of the advertisement. In no event will THM be liable for more than the price paid for the advertising space. All claims for such errors must be made to THM no later than 7 days after the published in-home date for the printed magazine.

  10. The sole liability of THM for failure to publish any ad shall be limited to the cost of the advertising space, which if prepaid, will be refunded or traded in like-kind for future ad space.

  11. Force Majeure: THM may not be held responsible for delays in the printing and/or delivery process of the magazine, and subsequently the Advertiser’s advertisement, caused by extreme weather or act of God (such as, but not limited to, fires, explosions, earthquakes, drought, snow, tidal waves and floods), States of Emergency, war or hostilities, contamination, riot, strikes, or terrorism.

  12. THM reserves the right, at its sole discretion, to terminate this advertising agreement for any reason it deems necessary. THM also reserves the right, at its sole discretion, to edit, rewrite, or refuse any copy or art submitted for publication which does not meet THM standards. THM also reserves the right to refuse service to any person or company for any reason.

  13. THM reserves the right to revise advertising rates and/or zones at any time. Current advertisers will be notified in writing (email and/or mailed letter/notification) 30 days prior to such an adjustment. In the event of a rate increase, Advertiser may cancel the Agreement within that 30 day period, at no penalty. If no response is received, the first ad published by the Advertiser, after the new rate becomes effective, shall denote acceptance of these new conditions.

  14. Advertiser warrants and represents that any and all required licenses, permits, bonds, and insurances are in full force and effect pursuant to local, state, and federal guidelines.

  15. Advertiser warrants and represents that all material submitted to THM is original art or art which Advertiser has legal permission to use and that no art or assets submitted is in violation of any law and does not infringe on copyright, trademarks, trade names, or patents of any type. Advertiser assumes all liability for copy and art submitted and agrees to indemnify and hold THM, its Publisher, Agents, and Employees harmless against any and all liability, loss and expenses, including but not limited to attorney fees THM may incur as a result of publishing of any material submitted by Advertiser which is in breach of any warranty contained herein.

  16. The copyright of all original material created by THM remains the property of THM and may not be reproduced in any manner. If THM original material is used in competing publications, both the Advertiser and the competing publication may be held responsible and liable for infringing on THMs intellectual property.

  17. Unless informed, Advertiser grants THM full rights to reproduce any advertisement, in whole or in part, and to use such reproduction in any manner, in any market, including but not limited to using it in marketing materials and/or art files made available for use in all THM locations outside Advertiser’s print trading zone. Advertiser acknowledges that this permission is granted freely and that no fee will be paid in the event of any use of such artwork.

  18. THM reserves the right to seek remedy, relief, and damages against current and former advertiser that elect to compete, either in full or in part, directly or indirectly, with TheHomeMag Print and/or Digital products. All knowledge and trade secrets gained and utilized by virtue of advertising in TheHomeMag is deemed confidential and proprietary.

  19. Payment for advertising placed in THM is due and payable prior to publication of the issue in which the advertising is scheduled to appear. Any unpaid balances may result in a service charge of 1.5% per month (18% annum) or the maximum allowable per State and Federal guidelines, whichever is less, and such charge shall become part of any unpaid balance.

  20. In the event Advertiser does not fulfill this Advertising Agreement, the cost for any space which was published under this contract may be adjusted to reflect the rate that would have been earned for the actual space printed. Advertiser may then be liable for this adjustment, and this adjustment may become part of any unpaid balance due from the Advertiser.

  21. THM reserves the right to enlist the services of any and all appropriate agencies for any unpaid debts per this Advertising Agreement.