LEVEL21 MAGAZINE TERMS AND CONDITIONS
The following are certain general terms and conditions governing advertising published in the U.S. print and digital editions of Level21 Magazine (the “Magazine”) published by Level21 Media LLC.(the “Publisher”).
1. Rates are based on average total audited circulation, effective with the issue dated January/February, 2020. Announcement of any change in rates and/or circulation rate base will be made in advance of the Magazine’s advertising sales close date of the first issue to which such rates and/or circulation rate base will be applicable. The Magazine Rate Card specifies the publication schedule of the Magazine, and it’s on-sale dates.
2. An advertiser running a full-run qualifying advertisement in the Magazine will automatically run in the print and digital edition of the Magazine, unless the advertiser explicitly, in writing, opts-out of running in the digital edition, either on the insertion order or via email, by no later than the ad close date. In the event advertiser opts-out of running in the digital edition of the Magazine for any reason other than legal or regulatory considerations that advertiser reasonably believes would prevent the advertisement from running in the digital edition, such advertiser’s ad placement will no longer be deemed a “full-run” buy, and advertiser would therefore not be entitled to the benefits of advertising on a full-run basis (by way of example and not limitation, the advertisement would not be eligible for IBIT credits and may not be considered for premium placement).
If an advertiser elects to opt-out of the digital edition, such opt-out will apply to all devices and platforms. The digital edition of the magazines may be viewed in one of two formats depending on the storefront (i.e. App Store, Google Play, Amazon, etc.): (i) a digital replica of the print version, which is an exact reproduction of the design and content of the print version of the magazine; or (ii) a digital replica of the print version combined with a touch-activated “reader view,” which allows the user to scroll the article text.
Please consult a magazine representative for details of format availability. Certain advertisements that are not standard run-of-book advertisements may not qualify to run in the digital edition. These include, but are not limited to, special units such as pop-ups, scent strips, diecuts, special effects and business reply cards. Please consult a magazine representative for details. Qualifying advertisements, depending on various factors, including but not limited to the device and/or platform on which they are viewed, may appear in one of two formats: (i) print replica, where the page on screen looks exactly like the advertisement appearing in the print edition; or (ii) custom design, where the same creative has been reformatted and resupplied for optimal reading on a digital device and/or platform. Qualifying advertisements running in the digital edition of the magazine will automatically run in a print replica format.
If an advertiser wishes to include its qualifying advertisement for the digital edition in a format other than print replica, it must indicate so prominently on the insertion order by the ad close date. Custom designs may not be available on all platforms or devices. Please consult a magazine representative for details. URLs featured in advertisement print creative are not currently activated in the digital edition. Please consult a magazine representative for further details on URL activation.
3. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine.
4. The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
5. The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating a magazine’s editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable.
6. All advertisements, including without limitation those for which the Publisher has provided creative services, are accepted and published in the Magazine subject to the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof in all applicable editions, formats and derivations of the Magazine and that such publication will not violate any law, regulation or advertising code or infringe upon any right of any party.
In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, 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 the publication of such advertisements in all applicable editions, formats and derivations of the Magazine, including, without limitation, those arising from third party claims or suits for defamation, copyright or trademark infringement, misappropriation, unfair competition, violation of the Lanham Act or any rights of privacy or publicity, or any unfair commercial practice or misleading advertising or impermissible comparative advertising or from any and all claims or regulatory breaches now known or hereafter devised or created (collectively “Claims”).
In the event the Publisher has agreed to provide contest or sweepstakes management services, email design or distribution or other promotional services in connection with an advertising commitment by advertiser, all such services are performed upon the warranty of the agency and advertiser that they will, jointly and severally, indemnify and hold the Publisher harmless from and against any and all Losses arising out of the publication, use or distribution of any materials, products (including, without limitation, prizes) or services provided by or on behalf of the agency or advertiser, their agents and employees, including, without limitation, those arising from any Claims.
7. In consideration of the Publisher’s reviewing for acceptance, or acceptance of, any advertising for publication in the Magazine, the agency and advertiser agree not to make promotional or merchandising reference to the Magazine in any way without the prior written permission of the Publisher in each instance.
8. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions or the provisions of the Magazine’s Rate Card will be binding on the Publisher and to the extent that the Terms and Conditions contained herein are inconsistent with any such conditions, these Terms and Conditions shall govern and supersede any such conditions.
9. The Publisher has the right to insert the advertising anywhere in the Magazine at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of the Magazine (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only and cannot be guaranteed. The Publisher will attempt to keep the same running order of advertisements in the digital edition as they appeared in the print edition, but the Publisher does not make any adjacency guarantees or other promises regarding competitive separation of the positioning of any advertisements in the digital edition. The Publisher’s inability or failure to comply with any condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.
10. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue(s) of the Magazine because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
11. Agency commission (or equivalent): up to 15% (where applicable to recognized agents) of gross advertising charges after earned advertiser discounts.
12. Invoices are rendered on or about the subscriber mailing date of the Magazine. Payments are due within 20 days from the billing date. The Publisher reserves the right to charge interest each month on the unpaid balance at the rate of 1.5%, or if such rate is not permitted by applicable law, at the highest rate so permitted by applicable law, determined and compounded daily from the due date until the date paid. The Publisher further reserves the right to change the payment terms to cash with order at any time. The advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the Magazine.
13. All pricing information shall be the confidential information of the Publisher and neither advertiser nor agency may disclose such information without obtaining the Publisher’s prior written consent.
14. Any and all negotiated advertiser discounts are only applicable to and available during the period in which they are earned. Rebates resulting from any and all earned advertiser discount adjustments must be used within six months after the end of the period in which they were earned. Unused rebates will expire six months after the end of the period in which they were earned.
15. Neither creative fees nor special advertising print production premiums earn any discounts or agency commissions.
16. Publisher reserves the right to modify these terms and conditions. These Advertising Terms and Conditions were issued May 1, 2020