These advertising terms shall apply to all marketing services and Advertisements ("Advertisements") that are contracted by the Advertiser (“Client”) with Collegiate Parent LLC, DBA College Marketing Group (“Company”), a Delaware corporation with administrative offices located at 3180 Sterling Circle, Suite 200, Boulder, CO 80301. As such, this agreement, related services, and billing are entered into and transacted between Collegiate Parent LLC and CLIENT. The Client, by submitting advertising collateral to Company, agrees to be bound by these Terms & Conditions. “Client" shall be defined to include any agent, broker, or other intermediary acting on behalf of the Advertiser, as well as the Advertiser whose products or services are advertised in the Advertisement.
All Advertisements must comply with applicable U.S. and international laws, and may not be indecent, obscene, or defamatory. Advertisements are subject to approval by Company — Company reserves the right to refuse any advertisement at its sole discretion for any reason whatsoever, including without limitation for offensive or inappropriate content.
Client agrees to reasonably cooperate with Company, including by providing Company with information relevant to Company performance of the services and creation of the marketing message. Client agrees to provide prompt review of and feedback on the marketing message submitted to Client by Company for approval.
Client shall be responsible for the accuracy, completeness, and propriety of information Client furnishes to Company and which Company has relied upon in performance of the creation or delivery of the Advertisement.
All materials should be delivered to Company via email in accordance with stated criteria and specifications. Client understands that customization of materials or use of multiple creative versions may result in additional fees. If materials furnished by Client are not created to specifications, Company may be required to make corrections for a fee of $100 per hour.
All Advertisements must comply with the relevant advertising specifications. Company has the right to request or to make changes to an Advertisement to the extent it reasonably believes necessary to comply with the Can-Spam Act and/or federal or state advertising laws. This includes, without limitation and by way of example only, by adding an "ADVERTISEMENT" label to content that appears to be editorial in nature.
Company makes no warranty whatsoever, either expressed or implied, as to advertising effectiveness of any goods or services. Company expressly disclaims any warranties of advertising effectiveness that could be implied.
Client agrees to pay for Advertisement or services in advance of execution of services, unless otherwise agreed to by Company in writing. Client agrees to pay for all advertising services delivered by Company in a timely manner. If Client fails to pay, Company will terminate the Advertisement and take action according to the cancellation agreement.
The Company accepts payments in the form of bank ACH or wire transfer, check, or credit card. A processing fee of 3% will be added to all credit card transactions. .
Company shall have the right to hold Client liable for all monies due and payable to the Company for advertising which was published. The Client agrees to hold Company harmless from any and all claims or suits, including attorney fees, arising out of Advertisements published.
Written cancellation of order must be received at least four weeks prior to publication File To Print (FTP) date. No cancellation will be accepted without written acknowledgement from Company.
Any order canceled after the FTP date will incur the full insertion cost. Late delivery of advertising materials may incur forfeiture of space at full cost.
Written cancellation of order must be received at least two weeks prior to publication date. No cancellation will be accepted without written acknowledgement from Company.
Company will not provide a refund, for any reason, once the advertisement has been published. Advertisements canceled at least two weeks prior to publishing will be refunded in full.
Client agrees to a cancellation fee equal to fifty percent (50%) of the total order for services and work performed. Company will invoice Client for the fees incurred as of the effective date of cancellation; payment is due on receipt.
Client retains copyright of all Advertisements submitted to Company. By submitting Advertisements, Client hereby grants Company a worldwide, irrevocable, non-exclusive, and transferable license to reproduce the Advertisement, including any trademarks therein, and including without limitation in any future archive or database in any medium, now known or later invented.
Client warrants and represents that the Advertisement does not contain any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless Client is the owner of such rights or has permission from their rightful owner for purpose of the Advertisement. By submitting an Advertisement, Client represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions. Client also represents and warrants that an Advertisement is not defamatory or libelous, obscene, or contrary to applicable local, national, and international laws and regulations.
Client agrees to defend, indemnify, and hold harmless Company and all of their officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from any breach, or alleged breach, of the warranties identified in this section.
In no event shall Company, its officers, Directors, employees, or agents be liable to the Client for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever relating to the Advertisement. Any liability by Company shall be limited to the amount paid for an Advertisement. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Client agrees that any dispute arising from, relating to, or in any manner connected with this Agreement shall be construed under and resolved in accordance with the laws of the state of Delaware, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of Delaware, to the personal jurisdiction of which you hereby consent. CLIENT AGREES THAT ANY CAUSE OF ACTION AGAINST COLLEGIATE PARENT LLC ARISING OUT OF OR RELATED TO AN ADVERTISEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Should any provision in these Advertising Terms & Conditions be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Advertising Terms & Conditions.
No alterations or variations of the Advertising Terms & Conditions shall be valid unless made in writing. Neither the failure of Company to enforce at any time any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of Company afterwards to enforce that or any other provision. This Agreement may not be amended, nor any obligations waived, except in writing and signed by an authorized representative of Company.
