Advertisers Terms & Conditions

Terms and Conditions for Advertisers

1. Payment Terms: All invoices must be settled within 30 days of the billing date, which coincides with each issue’s publication date.
2. Liability for Content: Advertisers and advertising agencies are responsible for all content in their advertisements or advertorials, including text, images, illustrations, maps, labels, trademarks, or other copyrighted materials. They also assume liability for any claims arising from such content against the publisher.
3. Content Approval: The publisher reserves the right to reject any advertising or advertorials that do not meet publication standards.
4. Conditions, apart from rates, are subject to change by the publisher without prior notice.
5. All advertisements, advertorials, and their contents are subject to the publisher’s approval. The publisher may reject or cancel any advertisement, insertion order, space reservation, or position commitment at its discretion.
6. Advertisement Positioning: The positioning of advertisements or advertorials is determined by the publisher, except when a specific preferred position is confirmed in writing by the publisher.
7. Web Links Disclaimer: The publisher is not liable for errors in web links provided as a free service to help track advertising and advertorial analytics.
8. Late Submission: Advertisements or advertorials received by the publisher’s advertising production department after the material due date will be published solely at the publisher’s discretion.
9. Cancellation Policy: Advertisements or advertorials cannot be canceled less than 30 days before the publishing date.
10. Advertisers may incur additional charges if they cancel a contract before the signed expiration date. Adjustments to invoices for already published ads will be made according to the correct frequency rate.
11. Error Correction: The publisher is not responsible for failure to print any advertisement or advertorials. In case of errors in published ads, the only remedy will be a make-good advertisement or advertorials. Under no circumstances will the publisher be liable for damages, including consequential damages, due to the failure to print ads or errors in published ads.
12. Joint Liability: The publisher has the right to hold the advertiser and/or its advertising agency jointly and severally liable for outstanding payments related to ordered and published advertising or advertorials.
13. Late Payment Charges: Invoices overdue by more than 45 days will be subject to a late charge of 1.5% per month.
14. Additional Conditions: No conditions, other than those outlined in the rate card, will be binding on the publisher unless agreed upon in writing.
15. The publisher will not be bound by conditions printed on order forms or copy instructions that conflict with provisions in this rate card.
16. Force Majeure: The publisher is not liable for delays or non-delivery caused by circumstances beyond their control, including acts of God, governmental actions, fires, floods, accidents, insurrections, riots, explosions, embargoes, strikes, labor or material shortages, transportation interruptions, work slowdowns, or any other events affecting production or delivery.
17. Compliance with Regulations: Advertisers and their agencies must ensure that all inserts and advertising or advertorials comply with U.S. postal regulations and other applicable federal and state laws.
18. Definition of “Publisher”: In this section, “publisher” refers to the publisher or management of Scuba Diving Industry Magazine and William Cline / Cline Group Advertising. Furthermore, “START A CONVERSATION” and “Scuba Diving Industry Magazine” are herein copyrighted 2023, all rights reserved by the publisher.
19. For clarification, the term “Advertiser” herein refers to anyone placing a traditional advertisement or advertorial. All signers attest that they are fully authorized to sign on behalf of the company represented. this signed contract is binding unless written cancellation is received 30 days prior to the publish date of any given scheduled issue. At the discretion of the publisher, advertisements or advertorials may be rescheduled at a later date with with express consent of the advertiser. Payments are due within thirty (30) days of invoice date unless otherwise stipulated in writing. 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 starting 45 days after publish date of any given issue. Should any portion of the 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, Cline Group may suspend its performance if any payment is past due. Suspension will not relieve Advertiser of its obligation to pay in full.
20. Advertiser grants Cline Group and its affiliates a license to display, publish, modify and transmit all advertising materials furnished for the purposes contemplated hereby. If the print publication in which any advertising materials submitted under this IO are published, is converted into and distributed in any other formats or media, this IO grants Cline Group all rights necessary to convert, publish, and distribute such advertising materials in such other formats and media. Cline Group may, at its sole discretion, refuse to publish any advertising materials submitted to it or defer publication of any advertisement.
21. Advertiser represents and warrants that publication by Cline Group, in any currently existing or future formats or media, of any advertising materials submitted by or on behalf of Advertiser will not (i) violate any right of any third party including, but not limited to, any copyright, trademark, patent or right of publicity or privacy including photo rights, (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.
22. Cline Group 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 Cline Group hereunder, Cline Group’s sole liability, and advertiser’s sole remedy, shall be limited to, at publisher’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. Cline Group shall not be liable for any delay or default hereunder caused by conditions beyond publisher’s reasonable control.
23. Any web materials produced partly or entirely by Cline Group, including but not limited to banners, HTML for web pages or newsletters, graphic images or logos shall be the exclusive property of Cline Group under the Copyright laws of the U.S. Any reproduction or modification for commercial or personal use requires the written consent of the publisher.
24. Advertiser agrees should any dispute arise, binding arbitration shall be sought to settle any such disputes rather than the courts. Such arbitration shall be equally paid by advertiser and publisher and agree in advance to any such results of arbitration rather than seeking legal remedies with the courts. For the purposes of arbitration, the venue and jurisdiction regarding any dispute shall be resolved in Collin County, Texas, USA.