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Terms & Conditions

1. General. A signed contract with full payment included must be submitted to Incentives Magazine "Incentives" by the closing date of the publication. By submitting advertising for inclusion on any of Incentives publications or websites, advertiser/agency agrees to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on Incentives unless specifically agreed to in writing by Incentives. This agreement supersedes all terms and conditions, oral or written, on any material, and any previous agreements between Incentives and advertiser/agency relating to the subject matter set forth herein. Incentives' only obligation to serve advertisements hereunder shall be to serve advertisements of the advertiser described herein, and in no event shall Incentives be obligated to serve advertisements for any other advertiser.

2. Changes and Cancellations. All artwork must be received at least five days prior to closing date. Cancellations or copy changes will not be accepted after the closing date of the publication on which the advertising is to run. Incentivess' advertising specifications are accessible through this websites. Incentives reserves the right to change any of its advertising specifications at any time. Any cancellations or change orders must be made in writing and acknowledged by Incentives. Change orders cannot be submitted any more frequently than once a month. This contract may be canceled or changed (i) by Incentives at any time for any or no reason without notice, or (ii) by advertiser/agency on 30 days written notice to Incentives.

3. Payment. Unless otherwise agreed in writing, ad fees are due prior to closing date. If payment is not made timely, Incentives, at its option, may immediately terminate the contract. In addition, advertiser/agency shall be liable to Incentives for all attorney's fees and other costs of collection. Interest will accrue on any past due amounts at the rate of the lesser of one and one-half (1 1/2%) percent per month or the lawful maximum. Incentives shall have the right to hold the advertiser and/or its agency or agent jointly and severally liable for all amounts due.

4. 100% Money Back Guaranteed Success. If your not happy with the performance of your first half or full page ad for any reason, whatsoever, we will, at your written request, refund 100% of all money paid for printing and mailing upon conclusion of your ad campaign under the following conditions: Any monies paid for design services, creative development, change orders, special services, etc. is not refundable. For the purposes of this section, campaign conclusion, is defined as 60 days after the mailing of the magazine. Refund requests must be received in writing between 60 and 90 days after the magazines mailing date to be eligible. Only ads (graphics) that are created by or pre-approved by the Incentives Staff prior to mailing are eligble. This guarantee only applies to advertisements that have the words "GUARANTEED" written, by Incentives Staff, on the original advertisement order form. This guarantee is only available once to new customers only, under no circumstances will this guarantee extend to any subsequently placed, or multiple advertisement orders.

5. Redesigning of Incentives publications and/or websites. Advertiser/agency acknowledges that, consistent with Incentives' need for editorial discretion, Incentives may redesign, delete or replace the page(s) on which the advertisement will be displayed or transmitted or may redesign or replace the type of advertisement purchased by advertiser/agency; provided, that Incentives will use good faith efforts to provide advertiser/agency with comparable or better exposure.

6. Prohibited Advertising; Incentives reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any advertisement for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement, was previously acknowledged, accepted, or published.

7. Licenses and Indemnification. Advertiser/agency grants Incentives the right to use, reproduce, publicly display and distribute advertiser's advertisements and collateral information and warrants that advertiser/agency has the right to grant such license. Advertiser/Agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements and collateral information, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Incentives. In addition, advertiser/agency represents that the advertiser's advertisements and collateral information do not violate any applicable local, state or federal law or regulation. In consideration of Incentives' acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold harmless Incentives and its officers, directors, shareholders, employees, accountants, attorneys, agents, parent(s), affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) advertiser/agency's breach of any covenants, representations and warranties made therein, (ii) Incentives' performance under this contract, and (iii) the copying, printing, distributing, transmitting or publishing of advertiser's/agency's advertisements or collateral information by Incentives.

8. Limitation of Liability. In the event (i) Incentives fails to publish an advertisement in accordance with the schedule provided in the Insertion Order, or (ii) of any other failure, technical of otherwise, of such advertisement to appear or be transmitted as provided in the Order, the sole liability of Incentives to advertiser/agency shall be limited to, at Incentives' sole discretion, a pro rata refund of the advertising fee representing the undelivered advertisement, placement of the advertisement at a later time in a comparable position, or extension of the term of the Order until total exposure is delivered. In addition, Incentives is not responsible for the quality and/or clarity of any printed, radio, audio or video advertisements. UNDER NO CIRCUMSTANCES WILL Incentives BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO ANY ORDER, EVEN IF INCENTIVES HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

9. Choice of Law and Forum. This contract shall be interpreted and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provision, and with the same force and effect as if fully executed and performed therein. Each party hereby consents to the exclusive personal jurisdiction of the Commonwealth of Virginia, acknowledges that venue is proper only in any state or Federal court in the Commonwealth of Virginia, agrees that any action related to this contract must be brought in a state or Federal court in the Commonwealth of Virginia, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.

10. Credit Cards. In the event that advertiser/agency pays any amounts due hereunder with a credit card and the issuer of the credit card fails to pay the amounts authorized by advertiser/agency, advertiser/agency shall immediately remit full payment to Incentives plus any interest due on the outstanding amounts. In addition, if advertiser/agency pays any amounts due hereunder with a credit card and the issuer of the credit card seeks to recover from Incentives any amounts received by Incentives from the issuer, advertiser/agency shall immediately remit to Incentives all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Incentives.

11. Miscellaneous. No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. Advertiser/agency may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to Incentives. If any portion of the contract is found unenforceable for any reason, the reminder will remain in full force and effect. No waiver by Incentives shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; Incentives will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorized representative of Incentives. All terms of this contract, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to the respective successors and assigns.