Advertising Information

General conditions. All orders are accepted subject to the terms and provisions of this rate card and shall be executed to the best of Newsweek's ability. This rate card and these contract conditions contain the entire and complete agreement among Newsweek, the advertiser and the agency. No additional or conflicting conditions, printed or otherwise, appearing on contracts, orders, or copy instructions shall be binding on Newsweek. Orders which contain rates that vary from the rates listed in this rate card shall not be binding on Newsweek and may be inserted and the advertiser and its agency shall be charged for the order at Newsweek's schedule of rates. Newsweek shall be subject to no liability whatsoever for any failure to print, publish or circulate all or any part of any issue or issues or otherwise fulfill an order because of accidents, fires, strikes, work stoppages, national emergencies, war (declared or undeclared) or other circumstances, whether of like or different nature, which are beyond Newsweek's control. Newsweek shall not be responsible for the errors or omissions in, or the production quality of, furnished inserts. Advertiser and its agency shall be jointly and severally liable for charges for all insertion orders, and for any additional charges incurred by Newsweek arising out of advertiser's and/or agency's failure to deliver furnished inserts pursuant to Newsweek's specifications. Specifically, agency and advertiser acknowledge and assume full responsibility, jointly and severally, for any and all payments due Newsweek on account of any insertion order(s) provided to Newsweek by agency and/or advertiser. If Newsweek is unable to publish the furnished inserts as a result of such failure to comply, advertiser and agency shall remain liable for the space cost of such insert. In the event that any provision of this rate card is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. This rate card shall be governed by and construed in accordance with the laws of the State of New York without regard to its principles regarding conflicts of laws.

Insertion orders: Insertion orders shall be binding on advertisers and agencies placing orders after 5:00 p.m. EST on the relevant closing date; no cancellations will be accepted after closing date. Newsweek disclaims all responsibility and liability for copy changes made after closing date.

Copy acceptance: Newsweek reserves the unrestricted right to reject or cancel any advertising at any time, even after receipt of proof of texts and illustrations. Newsweek shall be subject to no liability whatsoever for its rejection or cancellation of any advertisement. Advertisements simulating Newsweek editorial matter in appearance or style, that are not immediately identifiable as advertisements, are not acceptable. Newsweek reserves the unrestricted right to require any advertising matter to be labeled "advertisement" if Newsweek deems it advisable.

Advertising responsibility: All advertisements are accepted and published on the joint and several representation of the agency and the advertiser that they are each authorized to publish the entire contents and subject matter thereof and that they have complied with all the laws, governmental rules and regulations applicable to the purchase order and the placement in and publication of such advertisement by Newsweek. Advertiser and agent represent and warrant that their advertisements and their entire contents and subject matter are in no way false, deceptive, misleading, fraudulent, libelous, defamatory, reveal a trade secret not owned by advertiser or agent, infringe on any privacy, intellectual property, or publicity right, may constitute or encourage a criminal offense, or are abusive, prohibited, illegal or objectionable, violate any legal duty under criminal or civil law, or otherwise violate any applicable law or regulation of any kind. In consideration of the publication of advertisements, the advertiser and the agency, jointly and severally, shall unconditionally indemnify and save Newsweek, its parent, and their directors, officers, agents and employees harmless from and against any and all loss, liability and expense (including reasonable attorney's fees) suffered or incurred by reason of any claims, proceedings or suits, including but not limited to, libel, violation of right of privacy or publicity, plagiarism, copyright infringement, fraud, negligence, or any other claims or suits based on the contents, subject matter, or publication of or otherwise on such advertisements. The advertiser and agency shall provide Newsweek with all assistance requested by Newsweek and otherwise cooperate with Newsweek in connection with the defense of any of the foregoing claims, proceedings, or suits. Newsweek shall have sole authority to (i) choose outside counsel to defend any claim, suit, or proceeding and (ii) control and manage such outside counsel, the litigation and any settlement. Neither the advertiser nor its agency may settle any lawsuit relating to an advertisement without the prior written consent of Newsweek. The liability of Newsweek for any act, error, or omission for which it may be held legally responsible shall not exceed the cost of the space ordered or occupied by the advertisement that is the basis of Newsweek's liability. Newsweek shall not, in any event, be liable for any consequential damages, including lost income or profits. Newsweek disclaims all responsibility for errors in key numbers or the type set by Newsweek.

Omission of insertion: Unintentional or inadvertent failure by Newsweek to print, publish or circulate advertising matter invalidates the insertion order for such matter, but shall not constitute a breach of contract or affect any earned discount. Advertising matter may be cancelled by Newsweek at any time.

Proof of insertion: One copy of each page containing a National advertisement shall be supplied with invoice and, upon request, one copy of each issue in which the advertisement appears, shall be supplied. One copy of each page containing a Geographic Edition or Demographic Edition advertisement and a statement that the insertion order was fulfilled shall be supplied with invoices upon request.

Contract year: A contract year is a maximum of 52 consecutive weeks. Advertising must be inserted within a 52 consecutive week period to earn volume or frequency discounts. Cancellation of any portion of a contract automatically nullifies any rate protection. If a space discount has been deducted in paying for prior insertions on a cancelled contract, the advertiser and agency shall reimburse Newsweek for any difference between the rate paid and the rate earned.

Fixed positioning: All advertising position clauses shall be treated as requests. All restrictions including, without limitation, positioning, separations, facing editorial adjacencies or other stipulations are at the sole discretion of Newsweek. Newsweek cannot guarantee fixed positioning except for the second and fourth cover, for which a premium shall be charged.

Unauthorized use of Newsweek's name: In consideration of the review for acceptance of any advertising for publication, the agency and advertiser shall not, and each agrees not to, make any promotional or merchandising references to Newsweek in any way without the prior written permission of Newsweek for each such use. Rate changes: Newsweek reserves the right to change its advertising rates at any time. Announcements of any changes in rates, other than those caused by changes in currency relationships as set forth below under Quoted Rates, shall be made at least four weeks in advance of the issue date of the first issue to be affected by such new rates.

Quoted rates: Official advertising rates for Newsweek's EMEA, Asia and Latin America Editions are quoted in U.S. dollars. If changes in the international money markets substantially affect the value of the U.S. dollar, the Publisher may adjust advertising rates for any issue not yet published.

Distribution margin: A 5% margin shall be allowed in the circulation and distribution of all less than full Newsweek U.S., full Newsweek EMEA, full Newsweek Asia or full Newsweek Latin America editions as well as for split runs, insert cards and other special units.

Payments, Commission

Payments: All advertisers will be invoiced in U.S. dollars. Invoices are rendered on or before publication issue date and payment shall be made within 10 days from date of invoice. Date of payment, if mailed, is date of postal cancellation.

Currency: Payments may be made in U.S. dollars or in any other currency acceptable to Newsweek.

Short rates/rebates: Newsweek will advise advertiser of any short rates or rebates due, at the end of advertiser's contract year or, for programs not on a contract year, at the end of a measuring period. Any amounts owed Newsweek shall be paid within 10 days of receipt of notice.

Any credits earned must be taken within 12 months of Newsweek's notification

Agency commission: 15% of the gross (excluding premium charges)

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