Advertising Terms

Advertising Agreement and Terms & Conditions

Effective August 13, 2021, these terms will apply to both Colorado and Salt Lake City markets as ownership of the Salt Lake City THM has changed.

1. This document represents the entire Agreement between TheHomeMag®, hereinafter referred to as THM, and the named advertising company, hereinafter called Advertiser. This Agreement may not be modified, expanded, or contracted by any oral agreement or representation.

2. Acceptance of this Agreement is at the sole discretion of THM and no other acceptance is implied. The signing party for the Advertiser: a) attests that they have the authority to place and commit to such advertising, and b) attests that they have the authority to authorize the use of the provided method of payment.

3. THM will furnish and provide digital advertising proofs for your print advertisement, which will be used for corrections and/or changes only. Once the advertisement has been created per advertiser requests, any changes thereafter could result in additional charges to the Advertiser.

4. If Advertiser fails to return any advertising proof within 48 hours after receiving it from THM, this shall indicate Advertiser’s approval of such proof and Advertiser shall continue to be responsible for all payments due under this agreement. Failure to acknowledge or return any advertising proof will not alter the Advertising Agreement payment terms or obligations in any way.

5. Should Advertiser reserve space in any publication and/or digital presence of THM and fail to supply an advertising proof or artwork by the published deadline, THM may, at its discretion, either create an ad or use Advertisers prior ad, changing only expiration dates where applicable

6. THM does not guarantee print or digital ad positioning within the magazine, except with a signed Agreement calling for exact page and/or level positioning, which, if available, may be sold at premium pricing.

7. Advertiser understands and accepts that in our normal printing process, differences in the quality of paper may cause a variation in color, clarity and overall appearance between the proof and the printed magazine.

8. THM assumes no responsibility for errors which do not affect the value of the advertisement. In no event will THM be liable for more than the price paid for the advertising space. All claims for such errors must be made to THM not later than 10 days after the published in-home date for the printed magazine.

9. THM reserves the right, at its sole discretion, to terminate this advertising agreement for any reason it deems necessary. THM also reserves the right, at its sole discretion, to edit or rewrite any copy or art submitted for publication which does not meet THM standards. THM also reserves the right to refuse service to any person or company for any reason.

10. The sole liability of THM for failure to publish any ad shall be limited to the cost of the advertising space, which if prepaid, will be refunded or traded in like-kind for future ad space.

11. Force Majeure: THM may not be held responsible for delays in the printing and/or delivery process of the magazine and subsequently the Advertiser’s advertisement, caused by extreme weather or acts of nature (such as, but not limited to fires, explosions, earthquakes, drought, snow, tidal waves and floods), States of Emergency, pandemic, war or hostilities, contamination, riots, strikes, or terrorism.

12. All cancellations must be in writing [email is acceptable] and must be received no later than 30 days before the magazine space and copy date. No verbal orders will be accepted. Any cancellation received inside of 30 days from this date will be honored for the next applicable issue outside of 30 days.

13. All Accessory Product cancellations (for items such as DML, Bookmarks, and PopOuts) will not be accepted within 90 days of the first issue deadline for that contracts and scheduled product. No cancellations are allowed for multi-issue Accessory Product agreements once the first issue has been printed.

14. If agreed to on page 1, this agreement will auto-renew annually at the same rate and ad size and the ad will continuously run unless otherwise notified by the Advertiser. Sufficient notice is required per #12 and #13 of these Terms and Conditions.

15. THM reserves the right to revise advertising rates and/or advertising zones at any time. Current Agreement advertisers will be notified in writing 30 days prior to such a rate adjustment. In the event of a rate increase, even if occurring as a result of a zone change, Advertiser may cancel the Agreement within that 30-day period, at no penalty. If no notice is received, the first ad published by the Advertiser, after the new rate becomes effective, shall denote acceptance of these new conditions and Advertiser will be liable for payment of used space at the new advertising rate.

16. Advertiser warrants and represents that any and all required licenses, permits, bonds, and insurances are in full force and effect pursuant to local, state, and federal guidelines.

17. Advertiser warrants and represents that all material submitted to THM is original art or art which Advertiser has legal permission to use and that no art submitted is in violation of any law and does not infringe on copyright, trademarks, trade names, or patents of any type. Advertiser assumes all liability for copy and art submitted and agrees to indemnify and hold THM, its Publisher, Agents, and Employees harmless against any and all liability, loss and expenses, including but not limited to attorney fees THM may incur as a result of publishing of any material submitted by Advertiser which is in breach of any warranty contained herein.

18. The copyright of all original material created by THM remains the property of THM and may not be reproduced in any manner.

19. Artwork and/or imagery supplied by Advertiser becomes the joint property of THM, which has no responsibility to either return or keep such art once it has been published. Advertiser hereby grants THM full rights to reproduce any advertisement, in whole or in part, and to use such reproduction in any manner, in any market, including but not limited to using it in marketing materials and/or art files made available for use in all THM locations outside Advertiser’s print trading zone. Advertiser acknowledges that this permission is granted freely and that no fee will be paid in the event of any use of such artwork.

20. THM reserves the right to seek remedy, relief, and damages against any current or former advertiser that elects to compete, either in full or in part, directly or indirectly, with THM Magazine and/or Website. All knowledge and trade secrets gained and utilized by virtue of advertising in THM is deemed confidential and proprietary.

21. Should Advertiser not fulfill this Advertising Agreement, the cost for any space which was published under this contract will be adjusted to reflect the rate that would have been earned for the actual space printed. Advertiser will then be liable for this adjustment, and this adjustment will become part of any unpaid balance due from the Advertiser.

22. Payment for advertising placed in THM is due and payable prior to publication of the issue in which the advertising is scheduled to appear. Any unpaid balances will result in a service charge of 1.5% per month (18% annum) or the maximum allowable per State and Federal guidelines, whichever is less, and such charge shall become part of any un-paid balance. Additionally, the signing party for the advertiser personally guarantees payment per this Advertising Agreement and applicable Terms and Conditions.

23. THM reserves the right to enlist the services of any and all appropriate agencies for any unpaid debts per this Advertising Agreement. If Collection of this account becomes necessary, I/We agree to pay all costs of collection, including, but not limited to reasonable attorney’s fees, collection agency fees and cost of suit incurred.

24. THM reserves the right to add any and/or all Advertiser provided email address(es) to THM email marketing lists upon completion of this agreement. Advertiser may choose to opt out of THM email marketing at any time. THM does not share, sell or advertise any internal contact information provided by Advertiser and is deemed confidential.