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AUDUBON MAGAZINE CONTRACT & COPY REGULATIONS

National Audubon Society, Inc., through its Audubon Magazine program (“Audubon”), and the Advertiser/Agency (“Advertiser”) named in the Insertion Order on page 1, attached hereto and incorporated herein, acknowledge and agree as follows:

  1. All advertising orders are accepted subject to the terms and provisions of Audubon’s current rate card.
  2. To be eligible for the rate frequencies described in Audubon’s rate card, all advertising obligations must be satisfied within one year from the date of first insertion.  If rate frequency is not fulfilled within such one-year period, Audubon will short-rate Advertiser, and upon 30 days from invoice, Advertiser will pay Audubon according to the frequency rate actually fulfilled within the one-year period.
  3. No conditions, printed or otherwise, appearing on contracts, order or copy instructions, including position requests, which may conflict with Audubon's policies, will be binding on Audubon.
  4. Unless otherwise agreed to in writing by Audubon and Advertiser, payment to Audubon must be made before closing date, and all advertising materials must be received by Audubon by the material due date.
  5. Position agreements are subject to preemption by units of greater space and coloration, special units, inserts, gatefolds, and special editorial requirements.
  6. No cancellations or changes in order will be accepted after publishing closing date.
  7. All advertising is subject to Audubon’s approval in its sole discretion.
  8. Advertiser represents and warrants that none of the materials provided in connection with the advertisement, including, but not limited to, text, representations, and illustrations (the “Materials”), will infringe upon or violate any copyright, trademark or any other proprietary right of any third party, or violate any state or federal laws, regulations or orders pertaining to the advertisement.  Advertiser will indemnify and hold harmless Audubon against claims brought by any third party in connection with the advertisement, including, but not limited to, any claims alleging a breach of this paragraph.
  9. Audubon assumes no liability if, for any reason, an advertisement is omitted. In the event of an omission, Audubon will insert the omitted advertisement in a subsequent issue.
  10. If Advertiser submits a change of copy after the material due date, Audubon will insert the advertising copy in the form that appeared in the previous issue.
  11. Audubon’s liability to Advertiser will not exceed the charge for the advertisement in question.
  12. Audubon will not be liable for any error in key numbers or control numbers provided by Advertiser.
  13. In consideration of Audubon's acceptance of advertising for publication, Advertiser agrees not to make promotional reference to Audubon, including, but not limited to, Audubon Magazine, in any way except with the express prior written permission of Audubon for each such use. The acceptance of the advertisement by Audubon shall in no way constitute an endorsement or recommendation by Audubon of the contents of the advertisement or the product or service advertised.

 

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