Contract Conditions

1. Rates, conditions and space units are subject to change without notice.
2. When new rates are announced, contract advertisers will be protected at their contract rates for 90 days after effective date of notification.
3. Orders beyond 90 days accepted at prevailing rates.
4. 15% agency commission payable within 30 days of invoice date. Payment due in United States currency.
5. The publisher will not be bound by conditions appearing on order blanks or copy instructions submitted by or on behalf of the advertisers when such conditions conflict with any provision contained in its rate card or with its policies.
6. Orders specifying positions other than those known as designated positions are accepted only on a request basis and are subject to the rights of the publisher to determine actual positions.
7. The publisher reserves the right to decline or reject any ad for any reason at any time without liability, even though previously acknowledged or accepted.
8. The advertiser and its agency, if there be one, each represents that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead; (ii) any trademarks, copyrights or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the advertiser and published in Floor Covering Weekly and associated publications, and that such advertisement is neither libelous, an invasion of privacy or otherwise unlawful as to any third party.
9. As part of the consideration and to induce the publisher to publish such advertisement, the advertiser and its agency, if there be one, each agrees to indemnify and save harmless the publisher against all loss, liability, damage and expense of whatsoever nature arising out of copying, printing or publishing of such advertisement.
10. The advertiser and its agency, if there be one, agree to and do indemnify and save harmless the publisher from all loss, damage and liability growing out of the failure of any contest inserted by them for publication to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States and Canada, or any of the states or subdivisions thereof.
11. All orders accepted are subject to acts of God, fires, strikes, accidents or other occurrences beyond the publisher’s control (whether like or unlike any of these enumerated herein), which prevent the publisher from partially or completely producing, publishing or distributing Floor Covering Weekly and associated publications.
12. The advertiser and its agency, if there be one, agree that in the event the publisher commits any act, error or omission in the acceptance, publication and/or distribution of its advertisement for which it may be held legally responsible, the publisher’s liability will in no event exceed the cost of the space ordered, and further agree that the publisher will not under any circumstances be liable for consequential damages, including lost income and/or profits.