For advertising distributions distributed through the inclusion in the Publisher`s journal and/or by the Publisher`s non-subscriber distribution program (s), the amount charged is based on the delivery requirements that the publisher makes available to the advertiser. The quantity requirements are based on an estimate of the ordered obligation, plus an estimate of the distribution of non-participants, if any, plus the provision for unsold copies of newspapers and an estimated amount for shipping and unlocking. The circulation of the log is variable, which is why it is recommended that the advertiser confirm the need for delivery with its advertiser just before ordering a print. However, the publisher is not responsible and does not present price adjustments for bottlenecks or delivery volume overruns due to traffic fluctuations or shortages in the amount of badge provided by the advertiser. 7.13 The omission or delay of one of the parties in applying a clause in this agreement or acting in the event of a breach of a clause does not constitute a waiver of its rights. PandaTip: This model of advertising agreement must be used by a company or individual to enter into an agreement with the advertiser, to promote products or services and to receive a commission from the company or individual. This advertising agreement focuses on online advertising and assets. However, it is also suitable for other more traditional forms of advertising (OOH, product placement, etc.). The antifier ensures, guarantees and commits (a) to have full authority and authority to conclude this agreement and to fulfil its obligations under this treaty; (b) its performance of this agreement does not violate any contract with third parties; (c) all digital materials and files transmitted to publishers (“ad Material”) do not contain computer viruses or other harmful codes; (d) all advertising materials and campaigns do not violate the rights of third parties, including, but not exclusively, copyrights, trademarks, patents, trade secrets, privacy rights, the right to publicity (“intellectual property rights”) and citizens` rights; and (e) it is familiar with all advertising materials and campaigns and complies with all applicable FTC and sectoral laws, regulations and guidelines, including, but not limited to, local, state and federal laws on political advertising and fair housing and native advertising: A Guide for Business at www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses (December 2015). As an accent, the advertiser assures and guarantees that it has received all necessary consents and authorizations prior to filing ad material, and all direct and indirect statements and claims made in each advertisement are accurate and true and are supported by competent and reliable justification. For Print Ads, the placement or location of the advertisement is not guaranteed. Any ad Placement condition is not legally binding on publishers, but it is treated only as an invitation, and the publisher is not considered a violation of this agreement if it does not publish or distribute an ad in a requested position. 5.1 As part of this advertising agreement and in addition to the royalties covered in point 4, the company agrees to pay [BUDGET] to the advertiser to bear the direct costs of the advertising campaign.
With the exception of premium Lite ads, if, for whatever reason, the publisher is unable to display a digital ad, the publisher will provide, at its own choice, either (a) a replacement advertisement of comparable value (“Makegood”) or (b) the refund to advertisers of a proportionate share of the advertiser`s fees paid to the publisher.