LEGAL

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© Copyright 2014, Birdie Media, LLC. All rights reserved.

TERMS & CONDITIONS

All rates are subject to change. The publisher will not be bound by any conditions, printed or otherwise, appearing on any order blank, insertion order or contract when they conflict with the terms and conditions of this rate card or any amendment of it.

General Rate Policy

Contract advertisers are those who (i) have placed a monthly or quarterly order by Birdie Media’s Order Form or recognized advertising agency contract accepted by Birdie Media and (ii) insert and pay for space in accordance with one of the volume or frequency rates specified on the current rate card. All other advertisers are non-contract advertisers.

To earn volume or frequency rates, a signed contract or order must be received and accepted by the Birdie Media within 30 days of the first insertion and advertising must be inserted within 30 days of the order. If an advertising contract or order is exceeded or not fulfilled, the rate charged will be adjusted to the rate earned within 90 days after the termination of the contract period. Nonpayment of invoices may result in the termination of an advertising contract and a corresponding adjustment in the rate(s) charged. Birdie Media reserves the right, at any time and for any reason, to decline any advertising copy and to cease further publication of any advertising. Only the implementation of an advertisement shall constitute final acceptance of the advertiser’s order.

Birdie Media shall in no event be liable for failure to publish advertising when specified by the advertiser, provided that, if no advertising is published, any charges therefore received by the publisher shall be refunded. Birdie Media reserves the right to revise, on notice of 30 days, any rates, terms and conditions of this rate card applicable to contract advertisers. Revisions affecting non-contract advertising may be made without notice.

Contract and Copy Regulations

All advertisements are accepted for publication entirely upon the representation that the agency and/or the advertiser is/are properly authorized to publish the entire contents and subject matter thereof. It is understood that, in consideration of the publication of advertising, the advertiser and/or agency will fully hold harmless and fully indemnify the publisher from and against any and all claims, demands, suits, actions, proceedings, recoveries or expenses of any nature whatsoever, including reasonable fees of counsel selected by the publisher, arising directly or indirectly from the publication of any advertisement (including but not limited to claims of infringement of copyright or trademark or claims of libel or invasion of privacy) or based upon or arising out of any matter or thing contained in any advertisement. We cannot guarantee an advertisement will not be backed by an advertisement with a coupon.

The advertiser/agency acknowledges and agrees that any advertisement submitted may be included in an electronic database of published pages. Advertisers and agencies accept responsibility for communicating any restrictions on advertising content that prohibit the use of material beyond the ordered area of coverage or on future unordered dates for layout purposes. Advertisers and agencies further agree to indemnify Birdie Media against any claims, including without limitation copyright claims, arising from such prohibited use should the advertiser fail to disclose such restriction.

Commission, Credit Terms and Payments

Advertising agencies recognized by Birdie Media receive a commission of 15% of gross. Payments for all advertising run are due in full 2 weeks prior to campaign. All advertisers or agencies running advertising on credit agree to abide by these payment terms. Credit may be suspended without advance notice for accounts with delinquent balances. Advertising agencies are responsible for payment of all advertising ordered on behalf of their clients, but the publisher reserves the right to hold the agency and the advertiser jointly and severally liable for all such payments.