General Conditions  
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General Conditions

Contract Terms and General Conditions**

Effective January 2008

  1. The Advertiser and/or its Agency, if there is one, each represents that it is fully authorized and/or licensed to publish the entire content and subject matter contained in its advertisement, including (1) the names, portraits and/or pictures of all persons; (2) any copyrighted material; (3) any testimonials contained in any advertisement submitted to and published by ELLE. In consideration of ELLE’s acceptance of such advertisements for publication, the agency and the advertiser will indemnify and save harmless ELLE against all loss, liability, damage, and expense of any nature arising out of the copying, printing, or publishing of its advertisement, including without limitation reasonable attorneys’ fees resulting from any claims or suits arising out of publication.
  2. Contract terms and general conditions, other than rates, are subject to change by ELLE without notice.
  3. All contents of advertisements are subject to ELLE’s approval. ELLE reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment at any time, for any reason, without liability, even though previously acknowledged or accepted.
  4. Positioning of advertisements is at the sole discretion of ELLE.
  5. ELLE is not responsible and shall not be liable for errors or omissions (including errors in key numbers) in any advertising material provided by the advertiser or its agency or for changes made after closing date.
  6. Advertisers may not cancel orders for, or make changes in, advertising after the closing date. Orders for inside or outside cover pages are non-cancelable. Options on cover positions must be exercised at least 60 days prior to closing date. If order is not received by such date, cover option automatically lapses. ELLE reserves the right to bump franchised cover units for larger, impact units. Options on scent strip positions must be exercised at least 120 days before closing date. If written confirmation is not received by such date, the option for that scent strip position automatically lapses. If Advertiser and/or Agency cancels an order for a scent strip within 120 days of closing date, Advertiser and/or Agency shall remain liable for the space cost of such scent strip.
  7. Inserts: An accurate facsimile of any furnished insert must be submitted to ELLE for review prior to printing of the insert. ELLE is not responsible for errors or omissions in, or the production quality of, furnished inserts. Advertiser and/or Agency shall be responsible for any additional charges incurred by ELLE arising out of Advertiser and/or Agency’s failure to deliver furnished inserts pursuant to ELLE’s specifications. In the event that ELLE is unable to publish the furnished insert as a result of such failure to comply, Advertiser and/or Agency shall remain liable for the space cost of such insert. Orders for all ELLE-produced inserts are non-cancelable without the written agreement of ELLE. Should ELLE agree to cancel an existing order, Advertiser will be responsible for the cost of any work performed or materials purchased on behalf o Advertiser, including the cost of services, creative, paper and/or printing.
  8. All insertion orders are accepted subject to provisions of current rate card. Rates are subject to change upon notice from ELLE. Advertisers will be short-rated if the space upon which billings have been based is not used within a 12-month contract period. Advertisers will be rebated with a credit towards future space if they have used the space required within a 12-month contract period to earn a lower rate.
  9. ELLE shall not be liable for any costs or damages if for any reason it fails to publish an advertisement or for any remedy beyond the return of any amount paid for an ad for any error in the ad. In no event shall ELLE be liable for indirect or consequential damages.
  10. ELLE shall have the right to hold Advertiser and/or Agency jointly and severally liable for such monies as are due and payable to publisher for advertising which advertiser or its agency ordered and which advertising was published.
  11. No conditions other than those set forth in the rate card shall be binding on ELLE unless specifically agreed to in writing by ELLE. ELLE will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser when such conditions conflict with any provisions contained within this rate card.
  12. ELLE is not responsible for delays in delivery and/or non-delivery in the event of acts of God, action by any governmental or quasi-governmental entity, fire, flood, accidents, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of ELLE affecting production or delivery in any matter.
  13. All advertisements must be clearly identifiable as such with a trademark or signature of the advertiser, or word “Advertisement” may be placed with copy, which in ELLE’s opinion resembles editorial copy.
  14. Advertiser and Agency agree that any advertisements published may, at ELLEe’s option, be included in all media, whether now in existence or hereafter developed, in which the issue containing the advertisement is published, reproduced, distributed, displayed , performed, or transmitted, in whole or in part. The copyright in any advertisement created by ELLE is owned by ELLE, and may not be otherwise used by Advertiser or third parties without ELLE’s prior written consent.
  15. Failure to make insertion orders correspond in price or otherwise with the agreed upon rate schedule is regarded only as a clerical error and publication is made and charged for based upon the terms of the schedule in force without further notice.
  16. It is the responsibility of the Advertiser and/or Agency to ensure that all inserts and other advertising comply with U.S. postal regulations and other applicable federal and state laws and regulations
  17. Submission of any advertisement, insertion order, space reservation, or position commitment shall constitute acceptance of the foregoing Contract Terms and General Conditions.

Additional Contract Conditions

Agency Commission: 15% to recognized agencies
Payment Terms of Sale: 30 days from date of invoice
Rate Announcement: Rates and units of space are effective with the January 2007 issue. Announcement of change in rates will be made 30 days in advance of closing date for the first issue affected by such new rates. Orders for issues thereafter will be at the rates then prevailing.

Frequency Discounts

Discounts, earned within a 12-month period, apply to cumulative space. Full-page spreads count as two pages in computing discounts.

Retail Rates

The Retail Rate (20% off of general rates) is available to department or specialty stores operating in limited trading areas. To qualify for the Retail Rate, the chain must operate with fewer than 100 stores under one name. This rate is not available to Mass Retailers (chains having more than 100 stores under one name). Manufacturers who wish to qualify for the Retail Co-Op Rate (10% discount off of general rates) must follow these guidelines: each ad page or spread must contain at least one Retail store or Retail Chain Name. Each store or chain mentioned must have 100 or fewer locations. The Manufacturer may own the store or chain listed.

Mass Retailers can qualify for a 10% discount off the relevant General Rates (the “Retail Co-op rate”). If a Manufacturer runs an ad and tags a Mass Retailer name (or names), that ad qualifies for the Retail Co-op Rate, regardless of how many other retailers are tagged on the ad. Advertisements that do not meet these requirements will be billed at the General Rate.

** Source: ELLE Magazine 2008 Media Kit