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IWorkforce Online -IAdvertising Terms & Conditions

By Staff Report

May. 19, 1999

The following applies to all Workforce Online advertising.

Rates


Rates are subject to change upon notice from the publisher. Should a change in rates be made, space reserved may be canceled by the advertiser or its agency at the time the change becomes effective without incurring short-rate charges, provided the advertisements published up to the date of cancellation are consistent with the appropriate rate.


Cancellation of space reservations for any other reason in whole or part by the advertiser will result in adjustment of the rate based on past and subsequent insertions to reflects actual space used.


Cancellations or failure to produce artwork before the live date will result in a full charge of the space to the advertiser.


An order may be canceled by the online publisher if the advertiser or agent fails to pay the account when due. The difference between rates billed and rates earned on advertising shall become due and payable immediately.


Commissions and Billing Procedures


All rates are gross. Commissions to recognized agencies: 15% if the invoice is paid within 30 days. No commission allowable after 30-day period. Cash discount not available. Invoices are rendered when ads go live on the site are mailed. No commission on production charges. No commissions are allowed on billings turned over for collections. New advertisers must complete credit application and prepay the first insertion.


Placement


Placement of advertisements on the Web page is at the discretion of the publisher except where a request for a specific preferred position is acknowledged by the publisher in writing. Placement of advertisements in a section of the Web site is at the discretion of the publisher unless otherwise specified as part of the advertising program.


Materials


Advertising artwork and/or materials must be received by material closing date or the position may be lost. Publisher may use prior ad material if new material is not received on time. Cancellations or changes in orders must be made in writing and be received by the publisher on or before the closing date.


Contracts


Advertising contracts are for the period specified. Advertising must run through the duration of the contract to earn the quoted rate. Cancellations of any portion of a contract nullify all quoted rates.


Terms and Conditions


a) Online advertisements are accepted upon the representation that advertiser and its agency have the right to publish and display the contents thereof. In consideration of such online publication and display, advertiser and its agency agree to indemnify and hold online publisher harmless against any expense or loss by reason of any claims arising out of online publication and display.


b) All contents of advertisements are subject advertisements are subject to online publisher’s approval. Online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time.


c) All insertion orders are accepted subject to provisions of the current rates.


d) Online publisher shall not be liable for any costs or damages if for any reason it or it agents fail to electronically publish and display an advertisement. In no event shall the online publisher be liable for any damages, consequential or otherwise, in excess of the amount paid for the advertisement, as a result of any mistake in the advertisement, omission from or error in any index, or for any other reason.


e) Online publisher shall have the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to online publisher for advertising which advertiser or its agent ordered and which advertising was published and displayed.


f) No conditions other than those set forth in the rate card shall be binding on the online publisher unless specifically agreed to in writing by the online publisher. Online publisher will not be bound by conditions printed or appearing on order blanks or copy instructions which conflict with the provisions of the rate card.


g) Online publisher is not liable for delays in delivery and/or non-delivery in the event of an Act-of-God, action by any government or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slow-down or any condition beyond the control of the electronic publisher affecting production or delivery in any manner.


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