Digital Publication Terms & Conditions

by @nextfish.co

Conditions All contracts are subject to acceptance by NextFish (“Publisher”). NextFish (“Publisher”) requires that all Terms and Conditions contained in this agreement legally bound the Advertiser and Agent (if any) to all contract Terms and Conditions.

 

VOLUME DISCOUNT/BREACH

The undersigned purchaser understands all rates are stated on a cost per issue, per select market basis. Publisher offers a volume discount according to the frequency, ad size and number of markets the advertisement is scheduled to run in accordance with this contract. PURCHASER WILL BE BACK CHARGED CANCELLATION RATES PER ISSUE, PER MARKET IF CONTRACT IS NOT COMPLETELY FULFILLED OR CANCELLED DUE TO NONPAYMENT OF AD BILLING. A FORMAL WRITTEN NOTICE OF CANCELLATION IS REQUIRED NO LATER THAN 30 DAYS PRIOR TO THE NEXT SPACE CLOSING DATE. NO VERBAL CANCELLATIONS WILL BE ACCEPTED.

 

AD RATE INCREASE

Annual Ad Space Rates may increase up to 10% for the upcoming year, effective November 1st of the current year. Current Advertisers, in good standing, can reserve the upcoming year, no later than October 31st of the current year, and maintain their current rates for the upcoming year.

 

PLACEMENT

Publisher reserves the right to display advertising in any order. Format and/or position of advertisement is at the discretion of the publisher. THE POSITION OF ADVERTISEMENT IS NOT GUARANTEED NOR WILL A DISPUTE OF PLACEMENT DISSOLVE CONTRACT OBLIGATIONS. ALL ISSUE SPACE CLOSING DATES ARE THE 10TH OF THE MONTH PRIOR TO THE ISSUE MONTH.

 

MATERIAL DEADLINES

Purchaser shall provide a finalized ad, in accordance with the ad specs found in the Media Kit, to permit Publisher the authority to publish. Alternatively, Purchaser may provide all advertisement materials (artwork, photos, text, logos, background copy, social links, video links, website links, etc.) to permit Publisher to design an ad previously agreed upon. This advertisement material must be provided by the 1st of the month prior to the issue month that the ad will be placed and published. Advertisement shall be returned to advertiser in a final ad proof form via email. IF BY SPACE CLOSING DATE, PUBLISHER HAS NOT RECEIVED COPY OR APPROVAL THAT IS DEEMED ACCEPTABLE, Publisher MAY EITHER REPEAT THE ADVERTISER’S MOST RECENT AD, OR PRINT NOTHING. CHARGES WILL BE MADE FOR SPACE RESERVED BY THE ADVERTISER VIA INSERTION AGREEMENT COST. FAILURE TO ACKNOWLEDGE OR RETURN AD PROOF AND/OR ADVERTORIAL PROOF WILL NOT ALTER CONTRACT PAYMENT TERMS, PLACEMENT, OR AGREEMENT OBLIGATIONS.

 

PAYMENT

PURCHASER AGREES TO MAKE FULL PAYMENT BY THE SPACE CLOSING DATE (SEE ABOVE) ON ALL INSERTIONS SCHEDULED UNDER THIS CONTRACT AGREEMENT. ALL ADVERTISING MUST BE PAID DURING THE PRODUCTION MONTH UNLESS CREDIT IS PREARRANGED AND CORPORATELY APPROVED. Failure to make payment by the scheduled date, Publisher reserves the right to cancel at any time without notice to advertiser the contract and back charge cancellation rates per issue, per market for ads published. Advertiser and Agent (if any) each agree to be jointly and severally responsible for all payment thereof. In any action brought upon this agreement, venue shall be proper in Deland, Florida and advertiser and agent expressly waive any objections to venue or personal jurisdiction there in. In the event that payment is not made by advertiser, in accordance with terms and conditions of this contract, advertiser agrees to pay all legal fees incurred by publisher to obtain collection. Publisher reserves the right to cancel credit granted to any advertiser at any time, with or without cause.

 

CANCELLATION

NO CANCELLATION TO THE CONTRACT AGREEMENT WILL BE ACCEPTED INSIDE A 30 DAY PERIOD OF THE NEXT SCHEDULED EDITION’S SPACE CLOSING DATE. This agreement may be cancelled by advertiser (excluding Covers, Premiums, and High Impact spaces) by written notice to Publisher sent certified mail return receipt requested or e-mail to Publisher sent confirm receipt of message and received by Publisher no later than 30 days prior to the next space closing date. Advertiser agrees to pay for any advertisement actually published by Publisher In addition, advertiser agrees to pay any and all cancellation fees applicable, including the difference between contract rate and cancellation rate for all advertisements published. THIS CONTRACT IS WITH THE NAMED FIRM (PURCHASER) AND CHANGE OF OWNERSHIP, MANAGEMENT, OR AGENCY WILL NOT DISSOLVE CONTRACT OBLIGATIONS. No verbal cancellations will be accepted.

2019 Cancellation rates per issue, per market:
LocalAngler – Full Page $50, Half Page $35, Quarter Page $20, Business Card $12;
RivalAngler – Full Page $75, Half Page $45, Quarter Page $30;
GlobalAngler – Full Page $100, Half Page $70, Quarter Page $40.

2020 Cancellation rates per issue, per market will reflect a 10% increase, as will each following year.

 

COPY ACCEPTANCE

Any loss or expense claims or suits based upon the subject matter and/or advertisement content is at the expense of the advertiser. Publisher is held harmless and all indemnification policies apply. Publisher reserves the right to place the word “advertisement” on any ad that could be mistaken as part of a Publisher Digital Publication editorial. Advertiser and agent (if any) assume liability for all content of advertisement published and the responsibility for any and all claims arising therefore. In no event shall publisher’s liability to advertiser for all claims of any kind for loss or damage arising out of or resulting from any error or omission exceed the total charges payable for the advertising. PUBLISHER RESERVES THE RIGHT AT ANY TIME TO REJECT ADVERTISING MATERIAL, WHICH MAY BE DEEMED OBJECTIONABLE OR COMPROMISES A CURRENT RELATIONSHIP WITH AN EXISTING CLIENT.

 

DIGITAL PUBLICATION DISTRIBUTION

Publisher provides advertisers a network of readership based on markets associated with each individual publication, and the networks developed within each market to extend the reach of each digital publication. Through social media marketing and/or targeted class of interest, readership will be based on a percentage of each regions potential reach. Free Subscription is available, but not mandatory, and will not be mandatory until at least 2020, at which time, it’s scheduled to become mandatory for readership census and projection. Distribution and Readership will vary based on each individual market.

 

COPYRIGHT AND TRADEMARKS

Advertiser assumes sole responsibility for the protection of its copyright in any writing, pictorial illustration, maps, etc. included in its advertisement. Advertiser warrants that he/she has the authority to use any trademark, trade name, service mark, name, portrait, picture, or illustration in the manner and in accordance with the ad material submitted. Advertiser agrees to defend, indemnify, and hold Publisher harmless from and against any and all liability, claims, demands, suits, or causes of action, including attorney fees incurred by Publisher in the defense thereof, arising out of the publication of any copyright and trademark infractions in accordance with this contract agreement.

 

MODIFICATION

This contract agreement constitutes the sole understanding between the parties hereto as to the subject matter herein. No modification or change to this agreement or any oral understanding will be binding unless in writing signed by both parties hereto. PUBLISHER SHALL NOT BE BOUND BY ANY PROMISES OR AGREEMENTS NOT CONTAINED HEREIN AND ACCEPTED, NOR SHALL ANY SUCH RELIEVE ADVERTISER OR AGENT (IF ANY) OF THEIR OBLIGATIONS HEREUNDER. Any agreed upon advertising changes will be signed by both parties using a contract change form.

 

ADDITIONAL CONDITIONS

Publisher reserves the right to terminate this agreement in part or in its entirety at any time with or without cause. Publisher reserves the right to adjust coverage based on market conditions. Advertiser understands that the digital magazine is to be published no later than the 5th of the month, but may not be published until the 8th of the month, in the event the 5th is a Friday. Publisher will not publish on a Friday, Saturday or Sunday. This contract agreement is valid for Publisher’s Digital Publication insertion order for one or more of its publications.

 

ACKNOWLEDGEMENT & AGREEMENT

PURCHASER ACKNOWLEDGES THAT HE/SHE HAS READ AND ADVERTISER AGREES TO BE LEGALLY BOUND BY ALL CONTRACT TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT.