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Trailblazher Magazine Terms of Service for Advertising

These terms and conditions apply to all advertising insertion orders placed by advertiser with Trailblazher Magazine (“Publisher”) during 2020-2022. Publisher will not be bound by any condition appearing on order blanks or copy instructions submitted by or on behalf of the advertiser when such condition conflicts with any provision contained in Publisher’s rate card or with its policies, regardless of whether or not set forth in the rate card. All references herein to Advertiser include Advertiser’s agency, if there is one, and Advertiser and its agency shall be jointly and severally liable for Advertiser’s obligations hereunder. 
Publisher reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged or accepted. If an advertisement is accepted for publication, the advertiser agrees that it will not make any promotional references to Trailblaz·her Magazine without the prior written permission of the Publisher. 
The advertiser agrees to pay the amount of invoices rendered by Publisher within the time specified on the invoice. 
Orders 30 days beyond current closing date will be accepted only at rates prevailing, and only on a space-available basis (and subject to the other terms and conditions herein). Orders containing incorrect rates may be accepted and if accepted, charged at regular rates. Such errors will be regarded as only clerical. All agencies or direct advertisers must supply Publisher with a legal street address and not just a post office box. Orders specifying positions other than those known as designated positions are accepted only on a request basis, subject to the right of Publisher to determine actual positions. Rates, conditions, and space units are subject to change without notice. Any discounts are applicable during the period in which they are earned. Any and all rebates from earned discount adjustments must be taken by the advertiser within six (6) months following the period in which such rebates were earned or they will be deemed expired. Schedule of months of insertion and size of space must accompany all orders and are binding upon advertiser upon receipt unless terminated in writing prior to the applicable closing date(s). So-called “space reservations” are not considered by Publisher as orders or binding upon it in any way. Reproduction quality is at the advertiser’s risk if Publisher’s specifications are not met or if material is received after closing date even if on extension. All queries concerning printed reproduction must be submitted to Publisher within 45 days of issue date. Advertising media will be destroyed, if not ordered returned, 12 months after last use without liability. 
No rebate will be allowed for insertion of wrong key numbers. As is the case with typos or misrepresentation of ad due to development error. 
The advertiser agrees that in the event Publisher commits any act, error, or omission in the acceptance, publication, and/or distribution of their advertisement for which Publisher may be held legally responsible, Publisher’s liability will in no event exceed the cost of the space ordered and further agree that Publisher will not under any circumstance be responsible for consequential damages, including lost income and/or profits. 
The advertiser represents that it not only has the right to authorize the publication of any advertisement it has submitted to Publisher, but that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the advertiser and published by Publisher, and that such advertisement is neither libellous, an invasion of privacy, violative of any third party’s rights, or otherwise unlawful. As part of the consideration and to induce Publisher to publish such advertisement, the advertiser agrees to indemnify and save harmless Publisher against all loss, liability, damage, and expense of whatsoever nature ... (continued next page) 
In the event that any advertising campaign for advertiser includes sweepstakes, contests, email distribution and/or other promotional elements which are managed either by the advertiser or by the Publisher on behalf of the advertiser, the advertiser also agrees to indemnify and save harmless Publisher against any and all Losses arising out of the publication, use or distribution of any materials, products (including prizes) or services related to all such promotional elements provided by the advertiser including, without limitation, those arising from any Claims. 
The advertiser agrees to and does indemnify and save harmless Publisher from all loss, damage, and liability growing out of the failure of any sweepstakes or contest inserted by them for publication to be in compliance and conformity with any and all laws, orders, continued... ordinances, and statutes of Canada, or any of the provinces or subdivisions thereof. 
All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond Publisher’s control (whether like or unlike any of those enumerated herein) that prevent Publisher from partially or completely producing, publishing or distributing Trailblaz·her Magazine. 
All advertisements must be clearly identified by the trademark or signature of the advertiser. 
Words such as “advertisement” will be placed with copy that, in Publisher’s opinion, resembles editorial mazer. 
Cancellations must be in writing. Cancellations for orders are not binding on Publisher unless in writing and received at least 45 days prior to the advertising closing date for inside or outside cover pages and for all inside pages, prior to the advertising closing date. Thereafter, orders may not be cancelled or changed by the advertiser without the acknowledgement and acceptance of Publisher. If orders are not timely cancelled, the advertiser agrees that it will be responsible for the cost of such cancelled advertisements. The advertiser agrees to reimburse Publisher for all fees and expenses, including its azorney’s fees, incurred by Trailblaz·her Magazine in collecting or attempting to collect charges owed for advertising placed pursuant to this Agreement. The parties agree that the details contained on orders will be treated as confidential or proprietary information and shall not be disclosed to third parties. Should Trailblazher Magazine and it’s affiliates acquire any new magazines beyond the current list of publications, the advertiser will not be entitled to any discount with respect to such newly acquired titles during the term of this Agreement. The advertiser is responsible for any and all rate base increases that occur throughout the contract period. Rate base adjustments are NON- NEGOTIABLE. All issues related to advertising will be governed by the laws of the Province of Alberta applicable to contracts to be performed entirely therein. Any action brought by advertiser against Publisher relating to advertising must be brought in the provincial courts in Alberta, Canada and the parties hereby consent to the jurisdiction of such courts Production Specs & Secondary Terms Ad materials should be sent via email to: advertising@trailblazhermagazine.com Note: All electronic data will be held for one year from date of last insertion and all media will be kept in archive form only. CONTACT For assistance or material extensions contact Jan or Erin Johnson, Trailblazher Magazine founders connect@trailblazhermagazine.com ACCEPTABLE FILE FORMAT Press Ready PDF, High Resolution (300 dpi) PNG, High Resolution Jpeg (300 dpi). This format is acceptable for full or partial pages. Trapping is the responsibility of the file provider. Please ensure all files are Print Ready or Highest Resolution possible and either RGB or CMYK colour format. UNACCEPTABLE FILE FORMATS Other file types— such as Postscript, TIFF, EPS, native Photoshop files, or other native application files such as Quark, InDesign, PageMaker, Illustrator, Freehand, CorelDraw etc.—are unacceptable because they introduce many possibilities for error. You will be sent a full page proof in PDF form, this is the form that the magazine will be uploaded in, regardless of the size of ad purchased. (This may also include other ads if yours is less than a full page size) PAYMENT Payment may be made through our website www.trailblazherco.com