General Advertising Terms

View The Coastal Mariner magazine Media Kit

• Acceptance:

Acceptance of all advertising by any employee of the Publisher is subject to review and approval by the Publisher’s management in its sole discretion.

• Copy and Material:

Advertiser content shall be provided free of any data, material or other information which is deemed defamatory or offensive by Publisher or which will infringe on or violate any copyright, patent, trademark, service mark, trade secret or other third party right or applicable law or regulation. The Publisher will not unreasonably modify, change or manipulate the advertising copy of the Advertiser without the permission of the Advertiser. However, the Publisher reserves the right, at Publisher’s sole discretion, to refuse any advertising copy submitted by Advertiser.

• Errors:

The Publisher’s liability for damages resulting from errors in any advertising that it publishes or from its failure to publish any advertisement that it has agreed to publish shall be limited to the amount it actually received in consideration for its agreement to publish the advertisement in question. The Publisher shall not be responsible for any special, incidental or consequential damages suffered by any party resulting from its errors or omissions.

• Hold Harmless:

The Advertiser accepts all liability for the content of all advertising supplied by it. The Advertiser warrants to the Publisher that its copy is true, that it is not libelous or defamatory, that it violates no rights of privacy, that it infringes no trademark, copyright, literary or other rights, nor constitutes unfair competition with any other party, and that it complies with all applicable Federal, State, and Local Laws and Regulations. The fact that copy shall have been previously submitted to the Publisher for approval and shall have been approved by it, either in whole or in part, shall not relieve the Advertiser of this warranty. The Advertiser agrees to defend, indemnify and hold harmless the Publisher from any and all claims, demands, liability, suits, costs or expense, arising by reason of the publication of the Advertiser’s advertisement or breach of the foregoing warranty, whether such claims are well grounded or not.

• Inability to Perform:

Neither party shall be required to perform any term or condition so long as such performance is delayed or prevented by acts of God, strikes, lockouts, material or labor restrictions by any government authority, civil riot, floods and any other cause not reasonably within the control of the performing party and which, by due diligence, such party is unable, wholly or in part to prevent and overcome.

• Payment:

Advertiser agrees to pay all amounts to Publisher upon the date of receipt of invoice. If payment is not received within thirty (30) days after receipt of invoice for any charges, the Publisher may, at its discretion, cancel Advertiser’s future advertising; and charges for all prior advertising used by the Advertiser will become immediately due and payable, in addition to other charges or legal costs provided herein. Claims for billing errors must be made in writing within five (5) days after receipt of invoice. Following thirty (30) days written notice, Publisher may modify its fees, and Advertiser shall pay the new fees unless Advertiser exercises its right to terminate this Agreement by providing Publisher written notice within thirty (30) days following Publisher’s notice.

Service Charge: A service charge of 1.5% per month (18%/year) or the maximum rate allowed by law, will apply to all past due balances.
Applicable Law: This Agreement and all actions contemplated hereby shall be interpreted and construed in accordance with the laws of the Commonwealth of North Carolina applicable to contracts made and to be performed entirely within the Commonwealth of North Carolina and without giving effect to its rules or principles regarding conflict of laws.
Attorney and Collection Fees: If for any reason payment is not made in full when due, the Advertiser agrees to pay any and all Attorney and Collection fees and any Court cost incurred by Publisher.
Term. This Agreement shall commence as of the live date (the “Effective Date”) and shall continue in full force and effect for a period of fifty two Term in weeks (the “Term”) until otherwise terminated in accordance with the following:
Either Party may terminate this Agreement by giving written notice to the other Party no less than thirty (30) days before the first or any subsequent anniversary of the effective date of this Agreement; such termination will be effective as of the anniversary date following such notice.
This Agreement shall automatically terminate at such time as Publisher shall cease operation of the CoastalMariner.com web site.
Either Party may terminate this Agreement at any time in the event of a breach by the other Party of any material duty, representation, or Warranty that remains uncured after sixty (60) days’ written notice thereof.
Either Party may terminate this Agreement at any time following thirty (30) days written notice in the event the Party concludes that continuation of the relationship will have a material adverse effect on the Party’s core business.