P.O. Box 2833 Bellingham, WA 98227
1. Advertiser acknowledges that Publisher reserves the right to place an advertisement wherever Publisher deems appropriate, unless otherwise agreed upon. Position requests are given full consideration, but Publisher is not liable for failure to accommodate any such requests. Publisher reserves the right to include the words “ADVERTISEMENT” on any ad.
2. Advertiser (and its agency, if any), is solely responsible for, and assumes full liability for, the contents of its advertisement. Advertiser (and its agency, if any), warrants and represents that nothing contained in its advertising material infringes upon, in whole or in part, any copyright, trademark or right of privacy of any third person, firm or corporation. In the event of claims for unfair competition or copyright infringement, Advertiser will hold Publisher harmless and indemnify Publisher for all damages and costs, including the l cost of defending such claims.
3. Advertiser (and its agency, if any), represents that it is authorized to publish the entire contents and subject matter of the advertisement submitted to the Cascadia Daily News. In consideration of Publisher’s acceptance of such advertisement for publication, Advertiser (and its agency) will indemnify and hold harmless the Publisher against loss or expense resulting from any claims, actions or proceedings based on the contentsor subject matter of such advertisement, without limitation on such indemnities.
4. Advertiser recognizes that the quality of reproduction of an advertisement is largely dependent on the quality of the material furnished bythe Advertiser to the Publisher, including, and without limitation, the quality of the graphics, copy, type, etc.
5. Advertiser recognizes and agrees that the Publisher will not be liable for:
- delays in publication of a Cascadia Daily News publication;
- defects in quality (i.e. errors or omissions) where such defects are not solely the fault of Publisher; but, where they are, the Publisher’s liability will be limited to:
- returning all or a portion of the fee for the defective advertising; or
- running a replacement advertisement (or comparable); or running another ad at a reasonable discount, which discount will be in proportion to the degree of error or extent of the defect; *(Note: Defects in quality (or errors and omissions) are subjective in nature. Generally, if the printed matter in the ad is legible, and/or the name, address and telephone number of the Advertiser are legible, and if the reproductive quality of the advertisement falls within the margins of error allowed within the publishing industry, the advertisement will not be considered defective. Allowances for defects in quality will be at the sole discretion of the Publisher.)
- suspension of the publication by the Publisher (in which case Advertiser may expect a full refund.)
- distribution or deadline changes.
- claims for defamation of character or libel. Advertiser will hold Publisher harmless and indemnify the Publisher for any and all damages and costs, including costs of defending such claims.
6. The Publisher, in its sole discretion, may accept or reject all materials submitted for advertising. Publisher reserves the right to refuse to publish any material not in keeping with the style and standards of Cascadia Daily News editorial philosophy and format. If any advertising is not acceptable to Cascadia Daily News, the Publisher may either: a. refuse to accept the advertising submitted; or b. require, as a condition to publication, modifications that meet the style and standards acceptable to Cascadia Daily News.The Publisher’s decision in these matters is final, binding and not subject to appeal.
7. All cancellations of multiple-issue advertisements must be in writing and received by Cascadia Daily News, no later than three (3) work days prior to the date of issue.
8. Advertisers will receive one (1) ad proof without charge. Advertisers will be responsible for charges for additional prep or production work required to publish the ad.
9. Advertiser, and its agency, if any, are jointly and severally liable for all monies due for ads placed or contracted for in accordance with any agreement with the Publisher.