Placement of advertising in ZTrend or any other product of ZTrend (hereafter, Publisher) shall be subject to the following conditions:
A. Brokered space is not allowed.
B. Placement of an order for an advertisement or profile insertion constitutes a specific representation by the person(s) ordering or authorizing advertisement or insertion that Advertiser is not insolvent and that such advertisement or profile insertion will be paid for in full. In the event of an error in an advertisement or profile on the part of the Publisher, the liability of the Publisher will be limited to partial or complete correction or, at the discretion of the Publisher, a refund of the cost of the advertisement or profile. The Advertiser shall check the first appearance of the advertisement(s) and/or profile(s) for corrections and the Publisher will be liable for only one incorrect insertion. In no event shall the Publisher be liable for any consequential damages in excess of the cost of the advertisement or profile.
Reasonable efforts are taken to ensure the accuracy and integrity of all information printed. ZTrend will not be held responsible for misprints, errors, out-of-date information, or information deemed inaccurate by a business or person(s). Businesses with Profiles may request a text document for review prior to publishing. ZTrend is not responsible for furnishing a copy prior to publishing without a written request.
C. The Publisher reserves the right to omit all late copy when not obtained by published deadlines.
D. The Advertiser will indemnify and hold harmless the Publisher for any claims, damages, or liability resulting from publication of any advertising copy submitted by the Advertiser, including legal costs and reasonable attorney fees. Without limiting the generality of the foregoing, the Advertiser represents and warrants that any copy submitted is truthful and in compliance with all applicable laws and regulations.
E. Advertiser hereby agrees to indemnify Publisher for all expense it may incur to enforce collection of any amount due under this agreement and the Advertiser agrees to pay reasonable attorney’s fees and court costs incurred in such publication.
F. If, because of flood, fire, riots, strikes, shortages of material, orders of government, failure of transportation, acts of God or other causes beyond either party’s control, and as a result thereof, either party thereto is prevented from performing hereunder, then during such period when such party is prevented from performing, due to the cause or causes set forth above, such party shall be excused from performing hereunder.
G. The Publisher reserves the right to revise rates, terms, and specifications contained in current rate card(s). No oral modifications of these conditions will be recognized, and any alterations must be in writing.
H. The Publisher reserves the right to revise any and all aspects of the guide that includes and is not limited to the the overall appearance, cover and layout of the guide, as well as its categories and subcategories.
I. Publisher assumes no liability for omission of advertising.
J. Orders submitted by agencies and advertisers which contain incorrect rates or conditions will be inserted and charged at the regular schedule of rates in force. Thus, failure to submit an order which corresponds in price to the rate card will be regarded only as a clerical error and advertising will be inserted without further notification.
K. All Sponsored Placement Ads receive 'special placement' under one category within the guide. ZTrend reserves the right to position the ad anywhere in the Publication, under the category requested by the advertiser. No exact page placement will be honored with the exception of back page, inside front cover, and inside back cover. ZTrend will not be held liable for accidental placement.
L. ZTrend reserves the right for final category placement for business profile listing and final edits on all profiles
M. The following rates and regulations apply to political advertising: Copy is subject to Publisher acceptance. Ads must carry the name of person(s) or the organization(s) responsible for the ad. Payment in advance is required.
N. ZTrend will not assume responsibility for poor quality artwork or print materials furnished by the advertiser, nor for advertising material given to ZTrend for use in producing advertising.
O. Advertiser assumes responsibility for confirmation of any and all electronic transmissions of advertising insertions. Ad fees are nonrefundable.
P. ZTrend shall have the sole right to cancel this Contract, reject content and refuse to print the ad of Advertiser, if ZTrend determines that the Ad or Profile is in bad taste, offensive, harmful, tasteless or inappropriate; in conflict with programs or services offered by ZTrend; in conflict with the general principles of ZTrend; not in the best interest of ZTrend's members; illegal, or in any way not suitable for publication. If ZTrend cancels this Contract for any of these reasons, ZTrend shall refund the amount paid by Advertiser. ZTrend reserves the right to refuse to publish an Ad or Profile without prior notice to Advertiser.
Q. All rates herein are net and non-commissionable unless otherwise noted.
R. Should any governmental body levy a tax on any advertising covered by this rate card, such tax will become an additional charge to the advertiser, over and above the rates herein.
S. The publisher reserves the right to change advertising rates without notice.
T. ZTrend's guide book is available in two color covers (Hottest Pink and Deepest Blue). ZTrend and its distributor, will do their best to provide a preferred color cover without guarantee. ZTrend and its distributor makes no guarantee to the color cover selection received and will not be held liable to exchange or replace purchased guides. Complimentary and purchased guide books will be distributed in the color cover selected by ZTrend or by its distributor.
U. U. Only Microentrepreneural businesses, Minientrepreneural and Entrepreneural businesses as defined by ZTrend are eligible for consideration into ZTrend's guide. ZTrend defines the following:
Microentrepreneurial businesses (may also be referred to as a Microenterprise) are businesses with five or fewer employees. Many Microentrepreneurial businesses have no employees other than the self-employed owners; Minientrepreneurial businesses are businesses with not more than 150 employees; Entrepreneurial business is a business with not more than 300 employees.
Microentrepreneural, Minientrepreneural and Entrepreneural businesses may not exceed more than 8 business locations (this does not include wholesale distribution of product to other retailers).
All businesses invited into ZTrend's guide must be a privately held company. The number of employees in total of all the parent company, affiliated companies, subsidiary of a holding company, and its sister companies may not exceed the number for a Entrepreneurial company as described by ZTrend above. ZTrend reserves the right to void any and all contracts with businesses that do not meet our Entrepreneurial requirements.
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