Advertising-Terms | American MainStreet Publications

Advertising Terms & Conditions

These Advertising Terms & Conditions apply to advertising placed through American MainStreet Publications ("AMP") in AMP member publications and related media. By submitting an insertion order, advertising agreement, or advertising materials to AMP, the advertiser and, where applicable, its agency agree to these Terms & Conditions unless otherwise agreed in writing.

1. Acceptance of Advertising

All advertising is subject to acceptance by AMP and the applicable AMP member publication.
AMP member publications are independently owned and operated publishers and retain final editorial and advertising acceptance authority.
AMP and its member publications reserve the right to reject, cancel, or discontinue any advertisement that does not meet applicable editorial, production, legal, or advertising standards.
Advertisements resembling news copy or editorial content may be identified as advertising or advertorial by the applicable publisher.

2. Insertion Orders and Agreements

Advertising is governed by the applicable insertion order, advertising agreement, proposal accepted in writing, or other written authorization between AMP and the advertiser or agency.
If there is a conflict between these Terms & Conditions and a separately executed insertion order or advertising agreement, the terms of the executed insertion order or advertising agreement will control.
Rates, discounts, package pricing, circulation commitments, publication schedules, and other campaign-specific terms are governed by the applicable insertion order or agreement.

3. Payment Terms

Unless otherwise stated in the applicable insertion order or agreement, payment terms are Net 30 days from the date of invoice.
AMP may require advance payment, a credit application, deposit, or other credit arrangements for new advertisers or advertisers without established credit.
Invoices more than 45 days past due may be assessed a finance charge of 1.5% per month, or the maximum amount permitted by applicable law, whichever is less.
Accounts that remain unpaid may be referred for collection. The advertiser and agency are responsible for reasonable costs incurred by AMP in collecting delinquent amounts, including collection agency and legal fees where permitted by law.
Advertisers and agencies may be held jointly and severally responsible for amounts due unless AMP agrees otherwise in writing.
Credit-card transactions may be subject to a processing fee disclosed at the time of payment.

4. Agency Compensation

When applicable and approved by AMP, a recognized advertising agency may receive a standard agency commission on eligible gross advertising charges when press-ready materials are supplied.
Agency commissions, discounts, and other compensation arrangements must be confirmed by AMP and may not apply to all programs, packages, digital services, remnant inventory, or specially negotiated rates.

5. Advertising Materials

Advertisers are responsible for supplying complete and accurate advertising materials in accordance with AMP and individual publication specifications and deadlines.
The advertiser is responsible for the accuracy of all copy, pricing, offers, URLs, telephone numbers, promotional codes, trademarks, images, legal disclosures, and other content contained in advertiser-supplied materials.
AMP and its member publications are not responsible for errors contained in materials supplied or approved by the advertiser or its agency.
AMP is not responsible for variations resulting from improperly prepared files, missing fonts, incorrect color profiles, image resolution, electronic file conversion, or other production issues caused by materials that do not meet published specifications.

6. Advertiser Responsibility and Indemnification

The advertiser and its agency represent that they have all necessary rights, licenses, permissions, and authorizations to publish the advertising materials they provide.
The advertiser and agency are responsible for ensuring that advertising complies with applicable laws and regulations and does not infringe the intellectual property, privacy, publicity, or other rights of any third party.
The advertiser and agency agree to indemnify and hold harmless AMP and the applicable AMP member publication from third-party claims arising from the content of advertising supplied by or on behalf of the advertiser, including claims involving copyright, trademark, privacy, publicity, defamation, false advertising, or other alleged violations of law.

7. Cancellations and Changes

Cancellation requests must be submitted in writing.
Cancellations received after the applicable publication's advertising closing date may not be accepted, and the advertiser may remain responsible for the contracted advertising charges.
Changes to advertising schedules, markets, publications, sizes, or quantities are subject to availability and AMP approval.
If a cancellation or reduction results in an advertiser no longer qualifying for the rate or discount originally contracted, AMP may adjust previously billed or remaining advertising to the rate earned based on the advertising actually placed.

8. Advertising Position

Unless a specific position is guaranteed in writing, all advertising is accepted on a run-of-publication (ROP) basis.
Positioning is at the discretion of the applicable publication. AMP and its member publications will make reasonable efforts to accommodate position requests but do not guarantee requested placement unless specifically agreed in writing.
Position requests do not apply to remnant, distressed, or specially discounted inventory unless otherwise stated.

9. Publication Schedules and Circulation

Publication dates, closing dates, circulation figures, distribution schedules, page counts, and other production information are subject to reasonable change.
AMP will use commercially reasonable efforts to deliver advertising according to the contracted schedule.
Minor variations in circulation, delivery dates, publication schedules, or distribution that occur in the ordinary course of publishing do not constitute a breach of an advertising agreement.

10. Failure to Publish and Makegoods

AMP and its member publications will not be liable for failure to print, publish, distribute, or circulate an advertisement when such failure results from circumstances beyond their reasonable control, including acts of God, natural disasters, labor disruptions, government actions, transportation interruptions, equipment failures, supply shortages, or similar events.
If an advertisement fails to publish due solely to an error by AMP or the applicable publication, AMP may, at its discretion, provide a comparable makegood placement, issue a credit, or refund the amount attributable to the affected insertion.
Such makegood, credit, or refund will constitute the advertiser's exclusive remedy for the affected insertion.

11. Limitation of Liability

To the fullest extent permitted by law, AMP's liability arising from any advertising placement will not exceed the amount paid or payable to AMP for the specific advertising placement giving rise to the claim.
AMP will not be liable for indirect, incidental, consequential, exemplary, or special damages, including lost profits, lost sales, loss of business opportunity, or loss of goodwill.
AMP is not responsible for losses incurred by advertisers as a result of actions or errors by independently operated AMP member publications except to the extent expressly assumed by AMP in writing.

12. Production Services

When available, AMP may provide advertising creation, modification, or production services for an additional fee.
Unless otherwise quoted, advertising creation services are billed at $100 per hour and copy-change services are billed at $35 per hour.
A proof may be provided for advertiser approval. When advertiser approval is required, AMP will not release revised creative for publication until written approval is received.
Production fees are separate from advertising placement charges.

13. Digital Advertising and AMPConnect

AMP may provide digital advertising services through AMPConnect, including programmatic display, native, connected television (CTV), online video, retargeting, and other digital media products.
Digital campaigns are also subject to any applicable AMPConnect Digital Advertising Terms and the campaign-specific insertion order or agreement. If there is a conflict, the applicable insertion order or agreement will control.
Campaign-specific specifications, targeting parameters, impression commitments, reporting methodologies, and performance terms will be set forth in the applicable insertion order or agreement.
Unless expressly guaranteed in writing, AMP does not guarantee a particular level of clicks, conversions, leads, sales, return on advertising spend, or other performance outcome.

14. Advertiser Results and Audience Information

AMP does not guarantee advertising response, sales, leads, inquiries, website traffic, conversions, or other business results.
Audience, readership, circulation, demographic, and market information supplied by AMP may be based on third-party research, publisher data, audited circulation information, modeling, or estimates and is provided for planning purposes unless otherwise specifically represented.

15. Entire Agreement and Amendments

These Terms & Conditions, together with the applicable insertion order or advertising agreement, constitute the terms governing the applicable advertising placement.
Any modification or waiver must be agreed to in writing by AMP.
AMP may update these standard Terms & Conditions from time to time. The version in effect at the time an advertising agreement or insertion order is accepted will apply unless otherwise agreed in writing.