Advertising Copy and Contract Regulations

1. First-time Advertisers and non-NAPEO members are required to prepay their ads scheduled by ad closing date.

2. All advertising orders are accepted subject to the terms and provisions of the current rate card.

3. Insertion instructions must be supplied for every advertisement and must clearly state the following information: name of publication, name of advertiser, date to be inserted, size of advertisement, and identification of advertisement. Proof of ad must be furnished, plus any special instructions, such as bleed, color, etc.

4. No conditions, printed or otherwise, appearing on the space order, billing instructions, or copy instructions that conflict with NAPEO's stated policies will be binding on NAPEO.

5. Orders are accepted no earlier than one year in advance.

6. A contract year, or 12-month period, starts from the date of the first insertion. Twelve-month periods do not overlap; in other words, space counted in one contract period to determine the rate for that period cannot be counted toward determining the rate for subsequent or past periods.

7. Space orders, whenever possible, should specify a definite schedule of insertions, issues, and sizes of space.

8. The forwarding of an order is construed as an acceptance of all the rates and conditions under which advertising is sold by NAPEO at that time.

9. Contracts may be discontinued by either party on 30 days' written notice.

10. Verbal agreements are not recognized until confirmed to NAPEO in writing and a confirmation is issued by NAPEO.

11. If more or fewer insertions are used within one year than specified in the orders, charges will be adjusted in accordance with established rates.

12. NAPEO reserves the right to give better position than specified in the order, at no increase in rate.

13. The advertiser and advertising agency agree to indemnify, defend, save and hold harmless NAPEO and its individual employees and members from any and all liability for content (including text, illustrations, representations, sketches, maps, trademarks, labels, and other copyrighted matter) of advertisements printed as well as from the unauthorized use of any person's name or photograph arising from NAPEO's reproduction and publishing of such advertisements pursuant to the advertiser's or agency's order.

14. NAPEO reserves the right in its sole discretion to reject, discontinue, or omit any advertising or any part thereof. This right shall not be deemed to have been waived by the acceptance or actual use of any advertising matter.

15. Acceptance of advertising for any product or service is subject to investigation of the product or service and of the claims made for it in the advertisement submitted for publication. Such investigation is at the sole discretion of NAPEO whose determination shall be final.

16. NAPEO's liability for any error will not exceed the charge for the advertisement in question.

17. NAPEO assumes no liability in excess of the charge for the specific advertisement in question for the omission of any advertisement.

18. NAPEO is not liable for delays in delivery and/or nondelivery in the event of an act of God, action by any government or quasigovernment entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of NAPEO affecting production or delivery in any manner.

19. Failure to make an order correspond in price or otherwise with the rate schedule is regarded only as a clerical error, and publication is made and charged for upon the terms of the schedule in force without further notice.

20. Association advertising ordinarily takes the rate earned for space used by the association advertising alone. Individual members of associations cannot bulk their individual company space with the association space to earn bulk rates for themselves.

21. Supplied inserts, approved by NAPEO for publication, will be charged regular black-and-white space rates plus additional production costs incurred. A charge lower or higher than actual black-and-white space rates would be considered price discrimination.

22. When a change in copy, covered by an uncancelled insertion order, is not received by the closing date, copy run in a previous issue will be inserted.

23. Advertisements offering prizes or contests of any nature are accepted provided prior approval has been obtained from the Post Office at the place of publication entry.

24. Any attempt to simulate NAPEO's publication format, trademarks or logo without the written permission of NAPEO is strictly prohibited. NAPEO reserves the right to place the word "advertisement" with copy that, in NAPEO's opinion, resembles editorial material or may otherwise be deemed by NAPEO to be misleading or confusing to the reader without such clarification.

25. Requests for specified position at rate of press rate are given consideration, but no guarantee is made unless the position premium has been provided for in the contract.

26. NAPEO reserves the right to hold the advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to NAPEO.

27. If invoiced, monthly accounts are due and payable upon receipt of invoice and considered past due if payment is not received within 30 days of invoice date. If an account is 60 days past due, all future advertising will be discontinued until the account is brought current. All accounts 120 days past due will be sent to collections. If the Publisher is not paid in full for advertisement as due, Advertiser and Agency agree to pay an additional 1.5 percent per month as a service charge on the unpaid balance, until paid, and all costs of collection incurred by the Publisher, including attorney's fees and costs. Publisher will not accept terms of sequential liability.

Questions? Please contact Nancy Benoudiz at 703/739-8169 or nbenoudiz@napeo.org.