Contract Terms and Conditions
All advertisements are accepted for placement, publication, or electronic transmission entirely upon the representation that the agency and/or advertiser is/are properly authorized to publish the entire contents and subject matter thereof. It is understand that, in consideration of the placement, publication, or electronic transmission of advertising, the advertiser and/ or agency will fully hold harmless and fully indemnify the Wisconsin EMS Association from and against any and all claims, demands, suits, actions, proceedings, recoveries or expenses of any nature whatsoever, including reasonable fees of counsel selected by the Wisconsin EMS Association, arising directly or indirectly from the placement, publication, or electronic transmission of any advertisement, information and content (including but not limited to claims of infringement of copyright or trademark or claims of libel or invasion of privacy) or based upon or arising out of any matter or thing contained in any advertisement.
Publishing errors, including, but not limited to, typographical errors, having no significant effect on the editorial content or design characteristics of the Products and Services, cannot be considered a reason for rejecting delivery or modifying the agreed price. Should an error occur in an Advertisement which is to be repeated, it is the responsibility of the Advertiser to inform the Wisconsin EMS Association in writing of the error within seven days upon receipt of the initial invoice and tear sheet in which the Advertisement appeared. If this is not done, and the incorrect Advertisement is repeated, the Advertiser remains liable for the full price of the repeated Advertisement.
In all cases, other than those above, if an error occurs which is clearly the fault of the Wisconsin EMS Association, compensation may be considered up to but not exceeding the price of the relevant Advertisement. Claims for consequential loss exceeding that price cannot be considered. The basis on which any compensation shall be agreed is that of a percentage refund of the relevant amount equal to the percentage loss of response which can be reasonably attributed to the error.
The Advertiser is solely responsible for submitting the Copy and other materials for the Advertisement within the agreed copy deadline and in accordance with the technical specifications. The Wisconsin EMS Association reserves the right to charge the Advertiser for work required to amend the materials to conform to its specifications, but accepts no liability for such work. If copy instructions and materials are not received by the Wisconsin EMS Association before the copy deadline, the Wisconsin EMS Association reserves the right to repeat the copy last used. If no previously supplied copy can be used, the Advertiser will incur forfeiture of the space booked at full cost. Copy deadline extension may be granted in the sole discretion of the Wisconsin EMS Association and must be given in writing in order to be valid.
The Advertiser agrees that in the event they or a designated representative fails to fulfill their portion of the above agreement, the advertiser will pay for all space used during the term of this Contract at the single issue prevailing rate. All terms and technical specifications stated in the advertising Rate Card shall be part of this agreement. This agreement is not transferable and good only for the business or entity named as the Advertiser.
