CONTRACT TERMS

• Rates published herein are based on average net paid circulation; effective with the Fall 2003 issue. Announcement of any changes in rates will be made at least seven weeks in advance of the issue date of the first issue to which such rates will be applicable.

• Advertisers may not cancel orders or make changes in advertising after the closing dates of the magazine.

• The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers), or for changes made after closing dates.

• The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating Mountian Homes editorial material in appearance or style, or that is not immediately identifiable as advertisements are not acceptable. The Website reserves the right to reject or cancel any linkage to an advertiser's Website for any reason at any time including without limitation, as a result of linkages to other sites included in the advertiser's Website.

• All advertisements are accepted and published upon the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof, and that such publication will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorneys fees) arising out of the publication of such advertisements, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any and all similar claims now known or hereafter devised or created.

• It is understood that the advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in Mountain Homes. In consideration of the Publisher's reviewing for acceptance, or acceptance of, any advertising for publication in Mountain Homes (or for placement on the Website, or any linkage to the advertiser's Website), the agency and advertiser agree not to make promotional or merchandising reference to Mountain Homes in any way without the prior written permission of the Publisher in each instance.

• Publisher will make every effort to comply with position requests, but no conditions, printed or otherwise appearing on contracts, orders or copy instructions which conflict with, vary, or add to these terms and conditions or the provisions of the Mountain Homes rate card, will be binding on the Publisher. Publisher has the right to insert the advertising anywhere in Mountain Homes or on the Websites at its discretion, and any condition on contracts, orders, or copy instructions involving the placement of advertising within an issue of Mountain Homes (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only, and cannot be guaranteed. The Publisher's inability or failure to comply with any such condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.

• The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue or issues of Mountain Homes because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.

BILLING:  Invoices will be sent to advertisers when Homes is available to the public.  Invoice payment terms are Net 30 Days.   An Agency Commission of 15% will be given for recognized agencies only, and if invoice payment is made within sixty days.

Retention of Materials: Advertising materials will be retained up to one year following its use. After one year, Publisher is no longer responsible for this material. Applies to all materials (both film and digital). No digital files can be returned unless an address is attached to the media.

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