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FASEB AdNet Advertising Policies and Conditions

 

Definitions

“Ad” – means any advertisement/creative provided by Agency or Advertiser.
 
“Advertiser” – means the organization placing the ad. If the organization is represented by an Agency, the organization for which Agency is working is the agent under an applicable IO.
 
“Advertising Campaign” – means the length of time for insertion as detailed in the IO; an advertising campaign may have multiple ads that run through the duration of the insertion.
 
“Agency” – means the advertising agency listed on the applicable IO.
 
“FASEB AdNet” – is a service line of the Federation of American Societies for Experimental Biology (FASEB) that represents a group of publishers and serves as their sales department for the listed titles/products in the media kit.
 
“IO” – means a mutually agreed insertion order that incorporates these policies and conditions, under which FASEB AdNet will deliver ads (via print and/or online) for the benefit of the Agency or Advertiser.
 
“Policies” – means advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, other editorial or advertising policies, and advertising materials due dates that an IO is bound by.

 

Acceptance

All ads submitted for publication must comply with applicable US and International laws, and may not be indecent, obscene, or defamatory. All advertising campaigns and ads are subject to publisher approval. Publishers reserve the right to decline any ad, at any time, without cause.
 
All new ads must be received by the publisher by the closing dates. The publisher reserves the right to discontinue any ad. The word “advertisement” may be printed at the top of ad which, in the opinion of the publisher, may be confused with articles or give the impression of publisher endorsement. Publishers do not endorse the products and/or services in ads or by the Advertisers. The Agency and/or Advertiser is responsible for all content of ads, and also assumes responsibility for any claims made against Agency and/or Advertiser.

 

Insertion Orders

All orders must be received in writing prior to the closing dates. Conditions must be specified on the order. The order must be accompanied by a replica or copy of the ad. Printed conditions on orders will not be accepted as binding if in conflict with FASEB AdNet Advertising Policies and Conditions.


Material Requirements

Materials must conform to FASEB AdNet’s published material requirements. Charges will be incurred for any additional work involved at $100/hour. If new material is not received by the closing date, the most recent materials on file will be used. Hard copy proofs are required for all digitally supplied print ads. Color proofs are required for all color ads. FASEB AdNet accepts no responsibility for printing and color errors.
 
FASEB AdNet can provide design assistance for recruitment ads for a nominal fee. For print recruitment ads, the formatting rates are $300 for a full page, $200 for a half page, and $175 for a quarter page. For online recruitment ads, design is available for $450 (animated banner no more than 2 frames) or $400 (static banner). Both costs include logo placement.
 

Ad Placements and Viewability

Ads will precede or follow scientific editorial content in the print journals. Ads may be interspersed with content in the newsletters and magazines. Request for specified position at run of publication (ROP) rates are given consideration, but no guarantee is made unless the position premium has been provided for in the contract.
 
If ads are reserved for a particular issue or issues and usable material is not received by the deadline, FASEB AdNet reserves the right to bill the Advertiser for the issue(s) ordered. Exact appearance and formatting of the ad cannot be guaranteed.  
 
For eToc ads, limit the amount of special characters (e.g., registered trademarks) as they may not display properly. All text supplied will appear in the alerts as long as it fits within the size specifications. Logos and graphics are viewable only to registered users accepting HTML-formatted emails. Animated banners are not recommended as all frames will not display in all email clients.
 

Banner Advertising

The ad may be changed no more than once a month per each advertising campaign. Charges may occur for additional changes at $75 per change.
 

Inline Advertising

Each Advertiser is allowed up to 3 variations in company or product name for their inline links. Charges may occur for additional links at $100 per name variation. Only specific company names and/or copyrighted products may be used for inline link names. FASEB AdNet and/or the publisher may determine an inline link name inappropriate and remove links at any time with written notice given to the advertiser.
 

Web TOC Policy

Online display ads will remain on the reserved issue of the journal TOC webpage for a period of 12 months.
 

Reporting

Monthly reporting is available upon request for online ads, electronically or via email, unless otherwise specified on the IO. 
 

MakeGoods

If actual deliverables for any campaign fall below guaranteed levels, as set forth on the IO, and/or if there is an omission of any ad, the Advertiser and FASEB AdNet will use commercially reasonable efforts to agree upon the conditions of a makegood flight, either on the IO or at the time of the shortfall. If no makegood can be agreed upon, FASEB AdNet will execute a credit equal to the value of the under-delivered portion of the IO for which it was charged.


Cancellation

Print cancellations are not accepted after the space closing date. Online cancellations are not accepted less than 30 days from start date of an ad campaign. FASEB AdNet reserves the right to charge in full for advertisements pulled after these dates.
 
If print or online ads are reserved for a particular issue(s) and usable material is not received by the deadline, FASEB AdNet reserves the right to bill the advertiser for the issue(s) ordered. Frequency commitments not fulfilled will be readjusted and the difference invoiced. Copy corrections are not guaranteed after the closing date. Advertisements ordered typeset/designed and not used will be charged for composition. Any revision or special handling of materials will be billed to the advertiser.
 

Payment Policy

Current advertising rates apply, and may be changed by FASEB at any time with notice. Advertiser agrees to pay net 30 days. A penalty of 2.5% per month accrues after 60 days.
 
No cash discounts. Only checks drawn on U.S. banks in U.S. dollars are accepted. Accepted credit cards are: VISA, MasterCard, and American Express.
 
Any and all expenses incurred while collecting on a delinquent account are billable to the delinquent account. FASEB AdNet reserves the right to disallow the 15% agency discount on accounts not settled within 30 days. FASEB AdNet publishers reserve the right to hold the advertiser and/or agency jointly and severally liable for such monies as are due and payable to the publisher. FASEB AdNet reserves the right to contact the advertiser directly if payment is not received in a timely manner. Failure to pay more than two consecutive invoices may result in the suspension of advertising. At that time, reinstatement of advertising will be at the discretion of the publisher.
 

Discounts

15% standard agency discount to recognized agencies applies to all ads submitted and paid within 30 days.
 
Frequency discounts apply. Note that the frequency rates are the per issue price.


Disposition of Material

Ad files/artwork will be held for one year after publication unless otherwise requested in writing.
 

Warranties and Indemnity

Advertiser warrants and represents that the ad does not contain any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the Advertiser is the owner of such rights or has permission from their rightful owner for purpose of the ad. But submitting an ad, the Advertiser represents and warrants that it owns and has the necessary licenses, rights, consents, and permissions. 
 
Advertiser and/or Agency agree to defend, indemnify, and hold harmless FASEB AdNet and/or the FASEB AdNet publisher, and all of their officers, directors, employees, and agents, from and against any and all such claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach, or alleged breach, of the warrantees identified in this section.


Limitation on Liability

FASEB AdNet and/or FASEB AdNet publishers will not be liable for any special, indirect, or consequential loss or damage occasioned by the failure of any advertisement to appear due to any cause whatsoever, nor does it accept liability for errors in any advertisement published, nor of its failure to appear on any specific date.
 
In no event shall FASEB, its officers, Directors, employees or agents be liable to the Advertiser for any direct, indirect, incidental, special, punitive or consequential damages whatsoever relating to the Ad. Any liability by FASEB shall be limited to the amount paid for an Ad. THE FOREGOING LIMIATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
 
The Agency/Advertiser agrees that any dispute arising from, relating to or in any manner connected with this IO shall be construed under and resolved in accordance with the laws of the District of Columbia, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of the District of Columbia, to the personal jurisdiction of which the Agency/Advertiser hereby consents. THE AGENCY/ADVERTISER AGREES THAT ANY CAUSE OF ACTION AGAINST FASEB ARISING OUT OF OR RELATED TO AN AD MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Miscellaneous Provisions

Should any provision in these Policies and Conditions be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Policies and Conditions.
 
No alterations or variations of the Advertising Policies & Conditions shall be valid unless made in writing. Neither the failure of FASEB to enforce at any time any of the provisions of these Policies and Conditions nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of FASEB afterwards to enforce that or any other provision. These Policies and Conditions may not be amended, nor any obligation waived, except in writing and signed by an authorized representative of FASEB.
 

 

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