— for Current and Current.org
Rates. Rates are published in the rate card available on the current.org website. Announcement of any changes in rates will be made upon at least 8 weeks’ notice to the advertiser prior to the date by which such changed rates will be applicable.
Delivery of Materials; Advertising Specifications; Change Orders. All creative materials must be received by CURRENT at least five days in advance of the start date for the advertisement in the relevant insertion order. Changes to creative materials must be received by CURRENT at least five days in advance of requested change date. CURRENT’s advertising specifications are accessible through the URL http://current.org/advertise. CURRENT reserves the right to change any of its advertising specifications at any time. Any change orders must be made in writing and acknowledged by CURRENT. If advertising materials are late, in absence of a mutually acceptable resolution between the Parties, CURRENT may elect to either: (1) hold Advertiser responsible for the media purchased pursuant to the IO and bill Advertiser for the affected inventory or (2) hold Advertiser responsible for the media purchased pursuant to the IO and CURRENT may run alternative advertisements as a replacement until the creative is received.
Delivery, Frequency and Make Good. All figures relating to the number of advertisements served as determined by CURRENT shall govern, regardless of whether advertiser/agency is using the services of a third party ad server. If CURRENT fails to provide the number of advertising impressions specified in the relevant insertion order (if any), CURRENT will make good on its agreement as described below. CURRENT will not make good for under delivery due to delays caused by advertiser/agency. Advertiser/agency understands that all frequency discounts are based on the advertiser’s/agency’s commitment to fulfilling the frequency indicated in the insertion order. If, for any reason, this frequency is not met by the time of expiration or cancellation of the order, advertiser/agency agrees to pay a short rate charge on all advertisements run. This charge will be equal to the difference between the rate shown in the insertion order and the rate earned based on the applicable rate card for the actual frequency completed.
Advertising Content; Indemnification. All advertisements are accepted and made available by CURRENT upon the warranty of the Agency and Advertiser that they are authorized to make available by CURRENT the entire contents and subject matter thereof and that such advertisement will not violate any law or infringe upon any right of any party. In consideration of the placement of advertisements CURRENT including any linkage to the advertiser’s site on the Web, the Advertiser and the Agency agree to, jointly and severally, indemnify and save CURRENT, its officers, directors, agents and employees and affiliates harmless from and against any and all claims, suits, losses, and/or expenses arising out of any aspect: of the content and/or the appearance of such advertisement(s) and/or the Advertiser’s site on the Web as linked through the CURRENT Website, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, or any other privacy or publicity violation or from any and all similar claims now known or hereafter devised. It is further agreed that the Advertiser and Agency are jointly and severally liable for payment of invoices for advertising made available by CURRENT hereunder. Any references to CURRENT in advertisements, promotional material or merchandising by the Advertiser or the Agency is subject to prior written approval by CURRENT for each use. 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 or infringe 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, Trojans or bots 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.
Limitation of Liability. CURRENT shall not be subject to any liability whatsoever for any failure to provide reference or access to all or any part of the advertising due to systems failures or other technological failures of the CURRENT Website or the Web or other circumstances beyond CURRENT’s control. In the event (i) CURRENT fails to publish an advertisement in accordance with the schedule provided in the insertion order, (ii) CURRENT fails to deliver the number of total impressions specified in the insertion order (if any) by the end of the specified period, or (iii) of any other failure, technical or otherwise, of such advertisement to appear as provided in the insertion order, the sole liability of CURRENT to advertiser/agency shall be limited to, at CURRENT’s discretion, a prorata refund of the advertising fee representing undelivered impressions, placement of the advertisement at a later time in a comparable position, or extension of the term of the insertion order until total impressions are delivered. CURRENT 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 CURRENT HEREUNDER, PUBLISHER’S SOLE LIABILITY, AND ADVERTISER’S SOLE REMEDY, SHALL BE LIMITED TO, AT CURRENT’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. CURRENT 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, CURRENT SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY BENEFIT ADVERTISER MIGHT OBTAIN FROM DISPLAYING THE ADVERTISING OR THAT THE ADVERTISING WILL BE ERROR-FREE. CURRENT DOES NOT ACCEPT SEQUENTIAL LIABILITY AND MAY HOLD ADVERTISING AGENCY AND ADVERTISER JOINTLY AND SEVERALLY LIABLE FOR ALL AMOUNTS DUE HEREUNDER. CURRENT shall not be liable for any delay or default hereunder caused by conditions beyond CURRENT’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.
Conflicts; No Placement Guaranty. No conditions, printed or otherwise, appearing on contracts or instructions which conflict with the provisions of these terms and conditions will be binding on CURRENT. Except as otherwise specifically agreed by CURRENT and the advertiser/agency, all advertising positioning/placement clauses or conditions will be treated as requests only and cannot be guaranteed.
Cancellation. Orders for advertising may be cancelled by advertiser/agency upon 15 days prior written notice to CURRENT.
Positioning. Unless otherwise agreed by CURRENT and agency and/or advertiser, CURRENT shall have the right to insert the advertising in various areas of the CURRENT publication in its discretion.
Errors and Omissions. CURRENT is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency.
Approval. All advertisement copy is subject to approval of CURRENT. CURRENT reserves the right to reject or cancel any advertising and/or linkage to an advertiser’s site on the Web for any reason at any time.
Payment Terms. Invoices will be rendered on or about the first date on which the advertising is scheduled to appear in CURRENT. Payment will be due within 30 days from the date of invoice. Pre-payment may be required in Current’s discretion. All invoices are due net thirty (30) days after invoice date. 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, Current 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 Current. Unless otherwise stated in writing and agreed upon by both Current 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, Current reserves the right to bill in-progress on a monthly basis.
- On advertising where credit is allowed, monthly accounts are due and payable on or before the fifteenth [15th] of the month following publication, and in the case of weekly accounts, payments are due and payable net fourteen  days from the statement date. When any part of an account for advertising becomes delinquent, then the entire amount owed shall become due and payable and CURRENT may refuse to publish further advertising. In this event, the Advertiser or Agency shall pay for advertising space actually used according to the rate earned at the time of the delinquency.
- There will be a $25.00 charge for any check not honored by the bank. Returned checks must be replaced with certified/cashier/wire transfer funds within 48 hours of notification. CURRENT reserves the right to withhold further advertising pending receipt of replacement funds.
- In the event an account is referred to a third party for collection, Advertiser agrees to pay collection and/or attorney fees, as well as court costs incurred to effect collection.
Discounts. Unless otherwise specifically agreed by CURRENT and the Advertiser/Agency, no cash discounts, volume discounts or other discounted rates will be available.
Collection. In the event CURRENT does not receive payment or Advertiser/Agency otherwise breaches the terms of this contract, advertiser and/or its agency shall pay all of CURRENT’S costs and expenses in connection with enforcement and/or collection proceedings.
Assignment; Choice of Law. Advertiser/Agency may not resell, assign or transfer any of its rights hereunder. This contract shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Any dispute arising under this contract shall be brought solely in the courts of the District of Columbia.
CURRENT Advertising Information. All other terms and conditions of the CURRENT Website advertising information are incorporated herein by reference.
CURRENT does not guarantee any given level of circulation or readership for an advertisement.
- All advertising copy that might be mistaken by a reader as news, feature or other non-advertising materials must be clearly marked “advertisement”. In the event such copy is not clearly marked, the “advertisement” notation will be added by CURRENT.
- Advertiser (and agency) may not resell any advertising or advertising space.
- Advertisers are responsible for checking the accuracy of the proofs they request. The advertiser should carefully check the entire ad proof, including areas in which changes or corrections were not requested.
- Multi-insertion orders will be accepted only when in writing. Cancellation of multi-insertion orders must be confirmed in writing.
- CURRENT does not assume any liability for the return of printing material in connection with advertising unless a specific written request is received to hold such material subject to order for a period not exceeding 30 days.
- Claims for errors must be made within 30 days following publication date.
- Payment of account is not dependent upon receipt of tearsheets, either physical or electronic.
- Incorrect rates on insertion orders that do not correspond to the rate card will be regarded as clerical errors and the advertisements will be published and charged at the applicable rates in effect at time of publication.
Non-assignment. This Agreement is personal to the Advertiser and may not be assigned, without the prior written consent of Current.
Force Majeure. The parties hereto shall not be responsible for any failure or delay in the performance of any obligations hereunder caused by acts of God, fire, flood, war, riot or public enemy.
Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
Non-Discrimination. The Advertiser agrees not to discriminate in any manner on the basis of sex, race, creed, age, color, national origin, religious belief, disability, status as a disabled veteran, or veteran of the Vietnam era, and to comply with all non-discriminatory laws and policies which Current promulgates and to which Current is subject.
Signatures. With the consent of Current and Advertiser, facsimile or electronic signatures will be considered originals in the execution of this Agreement.
Entire Agreement/Amendments. This Agreement contains the entire agreement of Advertiser and Current and no terms may be modified or waived except by the mutual written consent of both parties.