Date of Last Revision: April 30, 2015
The following general terms and conditions ("Advertising Contract") govern all advertisements published on bviplatinum.com | bvidailynews.com
(the "Website") by Platinum Media Group
(the "Publisher") at the request of an advertiser or agency (jointly and severally "Advertiser"). By placing an insertion order, purchase order or consenting otherwise in writing to have an advertisement published on the Website, Advertiser agrees to be bound by the terms and conditions herein and agrees that no other terms and conditions shall apply.
- Advertising Approval/Cancellation
Approval: All advertisement copy is subject to approval by the Publisher.
Cancellation: Advertiser may cancel the advertising contract at any time before the contract begins at no charge. If cancellation occurs after advertising contract begins, advertiser is subject to a 30% cancellation fee of the unused portion of the contract.
The Publisher reserves the right to reject or cancel any advertising and/or linkage to an Advertiser's site on the Web for any reason at any time.
- Advertising Content/Placements
The Publisher is not responsible for errors or omissions in any advertising material provided by the Advertiser, or for changes made after advertising campaign have begun.
Advertisements promoting illegal activity (gambling, pornography, etc.) are not acceptable.
The Publisher has the right to place the advertisement anywhere on the Website at its discretion, and any condition on contracts, insertion orders, purchase order or copy instructions involving the placement of advertisement on the Website (such as page location or competitive separation) will be treated as a positioning request only and cannot be guaranteed. The Publisher's inability or failure to comply with any such conditions shall not relieve the Advertiser of the obligation to pay for the advertisement.
Semi-Exclusive (rotation) advertising is shared space and Publisher may rotate advertisements from up to four (4) other advertisers in this position.
Exclusive advertising guarantees Advertiser an exclusive space on the Website. Advertiser may rotate up to four (4) advertisements at any given time. Advertisers may not use this space to promote events they sponsor or any other business not related to their direct business. Additional charges may apply unless otherwise noted on the advertising contract.
The Publisher will furnish the Advertiser with advertising statistics on all active campaigns every seven (7) days during the life of the contract via email. Advertiser must have a valid email address to receive advertising statistics.
- Payment Terms
Invoices are rendered on or about the date the advertising contract is signed or about the first date on which the advertisement is scheduled to appear on the Website. Payments are due net 30 days from the invoice date. The Publisher reserves the right to change the payment terms to cash with order at any time. Pre-payment may be required at the Publisher's discretion. Should any invoice become past due, Advertiser agrees to pay the costs of collection, including attorneys' fees if incurred. Should any portion of an invoice be disputed, such dispute must be communicated to Publisher within 10 days from the invoice date and Advertiser agrees to pay the undisputed portion according to its terms pending resolution of the dispute. In addition to all other remedies, the Publisher may suspend its performance and demand payment in full if any payment becomes past due. Suspension will not relieve Advertiser of its obligation to pay in full. The Advertiser is liable for payment of all invoices for advertisement published on the Website.
Agency commission (or equivalent) of up to 12% is paid to recognized agencies of which the Publisher has contracted to provide advertising sales services. If a commission is due, the amount will be listed on the invoice you receive. The invoiced amount is the payment due to the Publisher. Commission is calculated after all discounts and fees have been calculated.
There will be a $40.00 charge to Advertiser's account for any check not honored by the bank. Returned checks must be replaced with a certified check (overseas Advertiser) or cash (local Advertiser) within 72 hours of notification. The Publisher reserves the right to withhold further advertising pending receipt of replacement funds.
In the event an account is referred to a third party for collection, Advertiser agrees to pay collection and/or attorney fees, as well as court costs incurred to effect collection.
- Force Majeure
The Publisher shall not be subject to any liability whatsoever for inability to access the Website because of server outages, server maintenance, strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
All advertisements, including, without limitation, those for which the Publisher has provided creative services, are accepted and published on the Website upon the representation by the Advertiser that Advertiser is authorized to publish the entire contents and subject matter thereof on the Website and that such publication will not violate any law or infringe upon any right or copyright of any third party. In consideration of the publication of an advertisement, the Advertiser will, indemnify, defend and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorney's fees) (collectively, "Losses") arising out of or incident to the publication of such advertisements on the Website, including, without limitation, those arising from third party claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the rights of privacy or publicity, or from any and all claims now known or hereafter devised or created (collectively "Claims").
- Limitation of Liability
In the event (i) the Publisher fails to publish an advertisement in accordance with the schedule provided in the insertion order or purchase order, or (ii) of any other failure, technical or otherwise, of such advertisement to appear as provided in the insertion order or purchase order, the sole liability of the Publisher to advertiser and agency shall be limited to, at the Publisher's discretion, placement of the advertisement at a later time in a comparable position, or refund of the unused portion of the contract. THE PUBLISHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS INSERTION ORDER OR PURCHASE ORDER. THE PUBLISHER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITATION OF THE FOREGOING, THE PUBLISHER SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM DISPLAYING THE ADVERTISING OR THAT THE ADVERTISING WILL BE ERROR-FREE. THE PUBLISHER DOES NOT ACCEPT SEQUENTIAL LIABILITY AND MAY HOLD ADVERTISING AGENCY AND ADVERTISER JOINTLY AND SEVERALLY LIABLE FOR ALL AMOUNTS DUE HEREUNDER.