Updated September 2011
Advertiser grants Publishing Perspectives, a project of the German Book Office New York Inc. (“Publisher”) and its affiliates and subsidiaries a license to display, perform, publish, modify and transmit all advertising materials furnished for the purposes contemplated hereby. If the print publication in which any advertising materials submitted under this Insertion Order are published is converted into and distributed in any other formats or media, this Insertion Order grants Publisher all rights necessary to convert, publish and distribute such advertising materials in such other formats and media. Publisher may, in its sole discretion, refuse to publish any advertising materials submitted to it or defer publication of any advertisement. Unless otherwise stated in writing and agreed upon by both Publisher and Advertiser, this Insertion Order is for a certain number of issues of a publication or fixed period of time. Inventory is based on availability at time of impression delivery or publication, as applicable. For non-print campaigns and custom publishing, the parties will produce a schedule describing timelines, deliverables and responsibilities prior to commencement of development of the campaign.
Pre-payment may be required in Publisher’s discretion. All invoices are due net thirty (30) days after invoicing. Should any invoice become past due, Advertiser agrees to pay the costs of collection, including attorneys’ fees if incurred, together with interest at a monthly rate of the lesser of 1.5% or the greatest amount permitted by applicable law. Should any portion of an invoice be disputed, Advertiser agrees to pay the undisputed portion according to its terms pending resolution of the dispute. In addition to all other remedies, Publisher may suspend its performance if any payment is past due. Suspension will not relieve Advertiser of its obligation to pay in full. Advertiser will be short-rated if the number of insertions upon which specified rates are based are not used. All billing is based on actual insertions or fixed period of time, as applicable, as determined by Publisher. Unless otherwise stated in writing and agreed upon by both Publisher and Advertiser, campaigns are billed upon publication of the ad or start of fixed period of time; provided that for campaigns with a duration of longer than one (1) month, Publisher reserves the right to bill in-progress on a monthly basis.
Advertiser may not cancel any advertising purchased hereunder unless expressly permitted in writing by Publisher. No changes shall be effective unless in writing and signed by both Parties. Advertiser is responsible for delivering advertising materials on time as specified by Publisher. Advertising materials will not be deemed delivered unless in a format specified or otherwise approved by Publisher. In the event advertising materials are late, Advertiser is still responsible for the media purchased. Except as mutually agreed upon by the parties, if advertising materials are received late, Publisher may run a Public Service Announcement (PSA) or house advertising as a replacement until the creative is received.
Representations, Warranties and Indemnity
Advertiser represents and warrants that publication by Publisher, in any currently existing or future formats or media, of any advertising materials submitted by or on behalf of Advertiser will not (i) violate any right of any third party, including, but not limited to, any copyright, trademark, patent or right of publicity or privacy, (ii) contain any statement that is false, misleading, deceptive, malicious or defamatory, (iii) violate any applicable law, rule or regulation, or (iv) contain any claims that are not supported by sufficient prior substantiation. If any advertising materials are delivered to Publisher in electronic form, such materials shall not contain any viruses, worms, malware or other code or devices capable of disabling or interfering with any computer systems or software. Advertiser shall defend, indemnify and hold Publisher and its affiliates harmless against any and all claims, liabilities, costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Publisher or its affiliates in connection with a violation by Advertiser of any representation, warranty or covenant contained herein or arising out of the publication, display or distribution of any advertising hereunder.
Limitations on Liability
PUBLISHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS INSERTION ORDER. IN THE EVENT OF ANY CLAIM AGAINST PUBLISHER HEREUNDER, PUBLISHER’S SOLE LIABILITY, AND ADVERTISER’S SOLE REMEDY, SHALL BE LIMITED TO, AT PUBLISHER’S OPTION, PAYMENT OF MONETARY DAMAGES, OR PLACEMENT OF ADVERTISING WITH A RATE CARD VALUE EQUAL TO THE LESSER OF ACTUAL DAMAGES OR AMOUNTS PAID BY ADVERTISER HEREUNDER. PUBLISHER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITATION OF THE FOREGOING, PUBLISHER SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM DISPLAYING THE ADVERTISING OR THAT THE ADVERTISING WILL BE ERROR-FREE. PUBLISHER DOES NOT ACCEPT SEQUENTIAL LIABILITY AND MAY HOLD ADVERTISING AGENCY AND ADVERTISER JOINTLY AND SEVERALLY LIABLE FOR ALL AMOUNTS DUE HEREUNDER. Publisher shall not be liable for any delay or default hereunder caused by conditions beyond Publisher’s reasonable control, including, but not limited to, acts of God, catastrophes, government orders or restrictions, technological failures or malfunctions, wars, insurrections, strikes or slow-downs, fires, floods, terrorist acts, accidents, riots, explosions, labor or material shortages, transportation disruptions.
Unless otherwise stated by the Publisher, the following creative specifications apply:
Online Advertising – Ad unit specs:
- Horizontal banner (website header): 468 x 60 pixels
- Horizontal banner (email): 468 x 60 pixels
- Rectangular banner (website sidebar): 300 x 250 pixels
Online Advertising – Accepted file formats:
All online files should be sent to firstname.lastname@example.org and reference the specific insertion order.
Creative for online advertising is due 5 business days prior to campaign start. Creative for print media is due as specified in the related media kit or as specified by the Publisher.
Publisher may change the layout of its websites, newsletters and other media without notice.
This insertion order is subject to the terms and conditions set forth in the rate card as in effect from time to time. In the event of any conflict between the rate card and this Insertion Order, the terms of this Insertion Order shall apply. No terms or conditions other than those set forth in this Insertion Order and the rate card shall be binding on Publisher unless expressly agreed to in writing by Publisher. All insertions, revisions, optimizations or cancellations hereunder must be delivered in writing. A copy of any notice to Publisher regarding the breach, modification or interpretation hereof shall be delivered by courier or certified mail to: Publishing Perspectives c/o German Book Office New York Inc., 1014 Fifth Avenue, 4th Floor, New York, NY 10028. This Insertion Order, (i) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts law; (ii) may be amended only by written agreement executed by an authorized representative of each party; and (iii) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties, with respect to the subject matter hereof.