Applicability of Terms
These advertising terms shall apply to all print, online and e-mail Advertisements (“Advertisements”) that are submitted to Johmet publishing group (“JPG”), and which Johmet Publishing Group accepts for publication. For the purposes of these Terms & Conditions, “JPG” shall refer to all publications with the Johmet Publishing Group and Johmet Advertising Network (“JAN”), including print, online and electronic mail (“Weekly Digest”) versions of JPG & JAN. The Advertiser, by submitting an advertisement to JPG, agrees to be bound by these Terms & Conditions. “Advertiser” shall be defined to include any agent, broker, or other intermediary submitting an Advertisement, as well as the ultimate customer whose products or services are advertised in the Advertisement. An Advertiser’s standard terms and conditions shall not apply.
JPG Advertising Standards
All ads submitted for publication must comply with applicable U.S. and International laws, and may not be defamatory, indecent, or obscene. All advertising is subject to JPG’s approval. JPG reserves the right to refuse any advertisement at its sole discretion for any reason whatsoever, including and without limitation for offensive or inappropriate content or material.
All accepted Advertisements must comply with the relevant advertising specifications. JPG 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 modifying an email subject line in an advertisement or adding an “ADVERTISEMENT” label to the content that appears to be editorial in nature.
Current advertising rates apply, and may be changed by JPG at any time with notice. Credit approval must be completed prior to placement of first insertion, or prepayment will be required. Where credit has been approved, Advertiser agrees to pay net 30 days. For general internet advertising on the Johmet Advertising Network (“JAN”) and weekly digest (excludes social media postings) payments are accepted via debit and credit card (MasterCard, VISA, American Express).
Publisher shall have the right to hold advertiser and/or its advertising agency liable for such monies as are due and payable to the publisher for advertising which advertiser or its agency ordered and which advertising was published. Sequential liability clauses will not be accepted. The advertiser and the agency agree to hold the publisher harmless from any and all suits or claims, including attorney fees, arising out of advertising published.
Written cancellation of an order must be received at least 7 days prior to issue date to avoid billing. No cancellation, including those sent via fax, will be accepted without written acknowledgment from JPG confirming receipt.
Any order canceled after the issue deadline stated in the Editorial Calendar will incur the full insertion cost. Late delivery of materials may incur forfeiture of space at full cost.
Intellectual Property Rights
You retain copyright of your Advertisements. By submitting Advertisements, however, you hereby grant JPG 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.
Warranties and Indemnity
Advertiser 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 Advertiser is the owner of such rights or has permission from their rightful owner for purpose of the Advertisement. By submitting an Advertisement, the Advertiser represents and warrants that it has or owns the necessary consents, rights, licenses, and permissions to do so. Advertiser represents and warrants that the Advertisement is not defamatory or obscene, libelous, or contrary to applicable national, international and local laws and regulations.
Advertiser agrees to defend, indemnify and hold harmless Johmet Publishing Group, Johmet Advertising Network, 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.
Limitation on Liability, Disputes
In no event shall Johmet Publishing Group, its officers, Directors, employees or agents be liable to the Advertiser for any direct, indirect, incidental, punitive, special or consequential damages whatsoever relating to the Advertisement. Any liability by JPG 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.
You agree 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 California, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of California, to the personal jurisdiction of which you hereby consent. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST JOHMET PUBLISHING 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 unenforceable or ineffective, it shall not affect the enforceability or validity of the remaining provisions set forth in these Advertising Terms & Conditions.
No variations or alterations of the Advertising Terms & Conditions shall be valid unless made in writing. Neither the failure of JPG 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 JPG afterward to enforce that or any other provision otherwise. This Agreement may not be amended, nor any obligation waived, except in writing and signed by an authorized representative of JPG.
Cancellation Policy for Internet Advertisers
This cancellation policy applies to Banner and Weekly Digest Advertisers in the Johmet Advertising Network. It does not apply to social media postings. In the event that it is necessary to cancel an ad during the monthly period, charges will be prorated as follows:
• 1 to 7 days: 50% of the total cost due (50% of total will be refunded)
• 8 to 14 days: 70% of the total cost due (30% of total will be refunded)
• 5 to 21 days: 90% of the total cost due (10% of total will be refunded)
• Banner Advertising rates are effective as of January, 24 2018 and are subject to change with notice.
• Internet advertising does not contribute to print advertising frequency discount.
• Print advertising does contribute to Internet advertising frequency discount, except where noted.
• Campaign charges and renewal reminders will be issued monthly via email unless otherwise specified.
• Before an ad can be posted, JPG must have a signed Advertising Request Order, including name, billing address, telephone number and email address.
• Advertisers can change their banner ad artwork no more than 2 times each month. Banner ads are posted every Friday. New artwork must be received 4 days before it is posted.
Hours of Operations and Contact Information
Johmet Publishing Group
US and Canada
9:00 a.m. – 5:30 p.m. PST
We do not offer refunds on any of the following purchases:
• Social Media Postings