1. Retail advertising rates apply only to:
A. the sale of advertising space to any single firm or individual advertiser
to promote its selling at retail directly to the public within the publisher’s
retail trading area. The publisher’s retail trading area includes the
counties of Hillsborough, Pinellas, Pasco, Hernando, Citrus, Polk, Hardee,
Manatee, Sarasota, DeSoto and Highlands.
B. the sale of advertising space to promote some special interest or
event occurring in the publisher’s retail trading area, the cost of which is
to be shared among multiple sponsors. Such advertising is acceptable
at the sole discretion of the publisher and is acceptable only if the reference to individual sponsors appears only in a list of sponsor’s names.
C. the sale of advertising space to promote retail sales directly to the
public from on-going, non-transient inventories by a group of retailers in
contiguous locations within the retail trading area.
2. Co-op advertising rates apply to manufacturers, distributors, wholesalers and their agencies placing advertisements featuring a local dealer
listing or toll-free numbers directing a caller to the location of dealer
where product or service can be obtained. A co-op contract must be
on file with the publisher to earn discounted rates. Multi-signature ads
qualifying for the co-op rate will not apply toward the completion of any
Tampa Tribune individual retail agreement.
3. National/State advertising rates apply to the sale of all advertising
space that does not otherwise meet the criteria of paragraphs 1 or
2, above, including but not limited to the sale of advertising space to
businesses not having an established or permanent location in the
publisher’s retail trading area. Classified advertising rates apply to all employment/ recruitment advertising.
4. An advertising agency commission program is available to recognized
advertising agencies for national advertising at 15%. Local advertising
is non-commissionable. Decisions concerning recognition of advertising
agencies and exceptions to the commission program, if any, shall be
made by the publisher at its sole discretion. Contact the publisher’s
advertising director for details. Advertising agencies are responsible
for payment of all advertising ordered on behalf of their clients, but the
publisher reserves the right to hold the agency and the advertiser jointly
and severally liable for all such payments.
5. Forwarding of an order by the advertiser is construed as an acceptance by the advertiser of all rates and conditions under which
advertising space is at the time sold by the publisher. Failure to make
an order correspond in price, or otherwise, with the applicable rate card
is regarded only as a clerical error and publication shall be made and
charged for based upon the rates and terms of the applicable rate card,
without further notice. Special clauses in an order shall not be accepted
if they relate to legal liability or circulation guarantees; the terms and
conditions of any advertising contract prepared and tendered by the advertiser shall be inapplicable to the extent that they are inconsistent with
the terms and conditions stated herein. Execution of the publisher’s form
advertising contract by the advertiser is constructed as an acceptance
of all rates and conditions under which advertising space is at the time
sold by the publisher: provided, however, that to the extent said rates and
conditions are inconsistent with the provisions of the publisher’s form
advertising contract, the provisions of the contract shall apply.
6. Submission of an advertisement to a sales representative of the
publisher does not constitute a commitment by the publisher to publish
the advertisement. Only publication of an advertisement constitutes acceptance of the advertiser’s order. Publication of an advertisement does
not constitute an agreement for continued publication. The publisher
shall in no event be liable for failure to publish advertising when specified by the advertiser, provided that, if no advertising is published, any
charges received therefore by the publisher shall be refunded.
7. The publisher shall not be responsible for orders, cancellations, or
corrections given over the telephone. Written confirmations of orders,
cancellations, or corrections must be received by the publisher in ample
time to follow. Cancellations shall be allowed at no charge when received
by the publisher no later than 24 hours after the regular deadlines.
Cancellations received more than 24 hours after the regular deadlines
and before 3 p.m. on the day prior to printing shall be subject to a charge
of 25% of the cost of the space canceled. The publisher will accept no
cancellations after 3 p.m. on the day prior to printing.
8. Acceptance and publication of advertising does not constitute any extension of credit. The publisher may, at its sole discretion, extend credit
upon completion of an application for credit, and/or personal guarantees
by the advertiser, and/or any additional information and references
deemed necessary. The advertiser should allow seven working days
for the processing of its credit application. When the publisher extends
credit, payments are due by the 15th of the month following publication.
Continuation of credit privileges is dependent upon full and prompt payment. The granting of credit from time to time is an accommodation to
the advertiser, the terms of which may be changed by the publisher upon
seven days prior written notice to the advertiser.
9. Except as otherwise provided herein, all bills for advertising are net
and are due and payable upon submission of statement. A charge of
1.5% per month (which accrues to 18% annually) shall be made on all
unpaid advertising when the account becomes 60 days past due, and
such charge shall appear on the subsequent monthly statement.
10. When the publisher sets copy, a charge shall be made for the actual
space occupied if such space is greater than the space specified in the
order. If the actual space occupied is less than the space specified in the
order, the publisher shall bill the advertiser for the extra space ordered.
Subject to management approval, upside down copy will be accepted if
in context with the ad.
11. Advertising rates are based on column inch size, fractional page size
or number of lines. All measurements or dimensions provided herein
are nominal and subject to change. The publisher reserves the right to
decrease the page and column width along with the depth of the page, to
increase or decrease the number of columns per page and to adjust the
size of any advertisement to conform to the current page dimensions. All
advertisements ordered will still maintain substantially the same proportion of the page less margins.
12. Positions and color may be requested for any page on which
advertising is acceptable and shall be filled, if possible, depending upon
editorial make-up and advertising space demands. Specifications on
orders barring the use of any page, or relating to the kind of news or
advertising on the page are treated as requests only. Every effort shall be
made to comply with such position requests. Subject to the provisions
of paragraph 11 hereof, the publisher shall guarantee page position for
an additional 25% of the cost of the advertisement for ads 1/4 page or
larger, subject to availability; provided, however, that in no event shall
exact placement on a page be guaranteed.
13. The publisher shall not be liable for discrepancies between any
measurements or dimensions provided herein and the actual space
occupied by any advertisement hereunder that do not materially affect
the proportional visual impact of the advertisement. Claims for any
adjustments based upon the publisher’s changes to any advertisement
with regard to content, size or position must be made no later than 30
days after the publication date containing the advertisement for which
an adjustment is sought. If an adjustment is requested during the 30-day
period, the publisher will determine if the claim is valid and make any
adjustment the publisher deems appropriate.
14. The publisher will not be held responsible for erroneously billed
advertising after 12 months.
15. The publisher reserves the right to amend or revise rates, terms,
conditions, etc. upon 30 days written notice; all advertising contracts
are accepted subject to this reservation. If said amendments are not
acceptable to the advertiser, the advertiser may, by written notice to
the publisher prior to the effective date of the amendments, cancel its
advertising contact without liability for future obligations thereunder.
Any agreements, rates, terms, or conditions not set forth herein or in the
advertising contract between the advertiser and the publisher shall be
void and of no effect.
16. The publisher reserves the right to edit, reject, or cancel any advertisement for any reason it deems sufficient, including but not limited to
any advertisement deemed objectionable in subject matter, illustration,
or phraseology.
17. Proofs may be furnished to the advertiser prior to publication of its
advertisement. The purpose of such proofs is to provide the advertiser
an opportunity to inspect for typographical errors and to make any price
changes. The publisher shall make any other changes if time permits
and at an additional charge. If the advertiser is furnished such proofs, the
publisher shall not be held liable or responsible for any error in any published advertisement unless the advertiser’s proof correction requests
are returned in ample time before publication and are not met. Original
art and logos can be designed. Design charge is $300 and includes: two
design versions in the native file and PDF format. Files will be presented
on disk for the client’s retention. The $300.00 charge also includes up to
two revisions. Additional revisions will incur an additional cost of $75 per
hour. Sales tax will be applied to art not published in the newspaper. |
18. It is the advertiser’s responsibility to examine its advertisement for
any errors upon publication of the advertisement. The publisher shall
not be held responsible for errors beyond the first publication date
of a multiple insertion. Whether or not such proofs are furnished, the
publisher shall assume liability for typographical errors ONLY for the first
insertion of the advertisement, and its liability shall not exceed the cost
of the space occupied by the error. In no event shall the publisher be liable or responsible for errors that do not materially affect the value of the
advertisement or for errors due to omission of material by the advertiser.
Requests for error adjustments must be made within seven days of the
publication date. Error adjustments shall be given in the form of either (A)
additional advertising space or (B) cancellation of the charge or refund
of any payment for the advertising space involved. The publisher has the
exclusive right to choose the appropriate form of adjustment.
19. In the event of the publisher’s error advertising goods at less than the
specified price, the publisher shall furnish a letter to the advertiser to be
posted, noting the error and stating the correct price. The publisher shall
not assume any liability for goods sold at the incorrect price.
20. All property rights arising from the creation or production of advertisement for the advertiser by the publisher, including but not limited to
any copyright interest in any such advertisements which incorporate art
work, creative ability, and/or typography furnished or arranged by the
publisher, shall be the property of the publisher. No such advertisement
or any part thereof may be reproduced without the prior written consent
of the publisher. The publisher shall not be held liable or responsible for
any original art work, drawings, or materials supplied by the advertiser
that are left at the publisher’s offices for over 30 days.
21. Political advertisements must be paid in advance of publication
and shall be set as display advertisements. A political advertisement
must clearly state (A) that is a “paid political advertisement,” (B) the
political party affiliation of a candidate for partisan office, (C) by whom
the advertisement was paid, and (D) by whom the advertisement was
authorized. In the event that the advertisement is not authorized by the
candidate, his or her authorized political committee, or its agents, the
advertisement must clearly state that it is not authorized by any candidate or candidate’s committee and must include the name and residence
address of the individual responsible for the advertisement. In no event
may a political advertisement imply the incumbency of a candidate who
is not in fact the incumbent. Newspaper plastic bags, Tab-Ons, and Post-
It-Notes© may not be used for political advertising.
22. Any advertisement that the Publisher deems to simulate news matter
must have the words “Paid Advertisement” at the top of the advertisement. The publisher reserves the right to include such words if omitted
by the advertiser. “Paid Advertisement” must appear once for a 2-column
width ad, twice for a 3, 4 or 5 column-width ad and three times for
a 6-column width ad in 10 pt. Helvetica font. The advertiser’s failure
to include such words may result in a charge for the additional space
necessary to include them. In no event may the publisher’s masthead or
news type be used for advertising purposes.
23. No advertising contract is valid unless signed by the publisher’s
Advertising Director or an Advertising Manager. All advertising contracts
must be made in the advertiser’s name and signed and titled by an
owner or officer of the advertiser. All advertisements are accepted for
publication entirely upon the representation that the advertiser and its
agency (if any) are properly authorized to publish the entire contents and
subject matter thereof. The advertiser acknowledges and agrees that
the space reserved under the advertising contract is to be used by the
advertiser signing the contract and used exclusively for the advertiser’s
present business and cannot be sold, given, transferred, or assigned, in
whole or in part, to any other firm, individual, corporation, or other entity.
24. Contracts must be endorsed by the advertiser and in the possession
of the publisher in advance of the first published advertisement. Open
rates apply until the contract has been accepted by the publisher. If the
contract has not been activated within 30 days of the first published advertisement, open rate advertising will not be adjusted to contract rates.
25. The publisher may cancel any advertising contract at any time for
reasons satisfactory to the publisher. If the contract is canceled because
the advertiser defaults in payment of any amount when due thereunder,
becomes insolvent, makes an assignment for the benefit of creditors,
is adjudged bankrupt, or a receiver is appointed, then the advertiser
shall pay at the rate earned. If the contract is canceled by the publisher
for any other reason, the advertiser shall pay at the contract rate. The
advertiser may cancel any advertising contract for any reason upon 10
days written notice to the publisher, in which event the advertiser shall
pay at the rate earned.
26. The publisher shall not be liable for failure to furnish advertising
space or to publish any advertisement due to public emergency or
necessity, force majeure, restrictions imposed by law, acts of God, labor
disputes or for any other cause, including equipment failures or any
mechanical or electrical breakdowns, beyond the publisher’s control.
27. Key numbers and coupons in advertisements are accepted at the
advertiser’s risk.
28. In consideration of the publication of advertising, the advertiser and
its agency (if any) hereby indemnify and agree to hold the publisher
harmless against any and all liability, loss or expense from any violations
of law, claims for libel, unfair competition, unfair trade practice, violation
of rights of privacy or rights of publicity, infringement of trademark, trade
name, copyright or other proprietary rights, or any of the claims, causes
of action or the like arising directly or indirectly from the publication of
advertising hereunder. The advertiser and agency (if any) further agree to
pay the costs of any such actions, including but not limited to expenses
and reasonable attorneys’ fees for the counsel of the publisher’s
selection.
29. The advertiser agrees to hold the publisher harmless for all fees
and expenses, including but not limited to expenses and reasonable attorneys’ fees for the counsel of the publisher’s selection, incurred by the
publisher in enforcing payment of any amounts due under an advertising
contract hereunder. It is agreed that the venue in any legal proceeding
that may be taken to enforce an advertising contract hereunder shall be
Hillsborough County, Florida. The laws of the State of Florida (without
regard to any of its conflicts of laws provisions) shall govern the interpretation and enforcement of this contract in all legal proceedings.
30. Any federal, state or local tax imposed on advertising published
hereunder shall be an additional charge to the advertiser, over and above
the rates set forth herein.
31. The quantity of inserts required for each ZIP/zone distribution area
is estimated prior to insertion date. The quantity of inserts charted per
ZIP/zone area is calculated on actual preprints inserted. Advertisers
should request areas to distribute extras. Spoilage of 2-5% may be
requested in addition to required preprint quantities, but will not be
charged unless inserted.
32. All inserts must include the language “Newspaper Advertising
Supplement distributed in (one or more of the following publications) The
Tampa Tribune, Hernando Today, Highlands Today, Sunbelt Newspapers
and Suncoast News”; otherwise inserts will be subject to appropriate
sales tax.
33. Under no circumstances will brokered-space advertisements, those
which are pre-sold by an outside party, be accepted for publishing.
34. Motion Picture/Theater - Rates apply to all multi-signature movie
theater advertisements and cable channels, whether placed locally, by
a movie distributor or studio. Multi-signature ads are those containing
two or more independently owned theaters in the same advertisement.
Individual movie theaters qualify for local retail display rates for single
signature advertisements they place directly. Motion picture/theater
rates are net and non-commissionable. No other frequency or discounted rates are available.
35. Adult Entertainment - Copy and illustrations must be approved by
the Publisher prior to publication. All adult entertainment advertising is
billed at the adult entertainment rates and must be pre-paid. No other
frequency or discounted rates are available.
36. Holiday Advertising Rates - Sunday circulation and advertising rates
will apply to Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day.
|
