Advertising Terms and Conditions

Advertising space purchased from and provided by ACA International Enterprises, Inc. (“ACAE”) is subject to the following terms and conditions  (“Terms”):

  1. Advertiser. “Advertiser” as referenced herein shall refer to the company on whose behalf the Ad Order Form is signed whether actingdirectly or through the use of an Advertising Agency or independent representative.
  2. Advertising Submissions. All advertising content submitted by Advertiser including photographs, illustrations, artwork, text, graphics, and all text, URLs, and sites to which URLs are linked (“Ad Materials”) must be submitted in the manner and time specified in the Advertising Media Kit, and in conformity with the Advertising Guidelines and the Terms of this agreement; Advertiser’s failure to understand, acknowledge, and abide by them may delay or prevent publication of the advertisement.
  3. Materials; Copyrights, Trademarks and Intellectual Property. Advertiser grants to ACAE and ACA International (“ACA”) (collectively, “Licensees”) a non-exclusive, perpetual, irrevocable and worldwide license to use, publish, reproduce, transmit and distribute any and all Ad Material or portion thereof, in any media, presently known or unknown, including but not limited to ACA’s electronic publications on the Internet and in any archival retrieval system whether that information is digitally stored or stored on any other media, which use, publication, reproduction, transmission, and distribution may be accomplished through Licensees’ agents for purposes of fulfilling ACAE’s obligations under these Terms. Title to and ownership of all intellectual property rights of any Ad Material and associated Advertiser intellectual property shall remain with the Advertiser or its third-party licensors, as may be the case. Advertiser agrees that ACAE may include the Advertiser’s name (including any trade name, trademark, service mark and logo) and any ad provided hereunder on ACAE’s advertising client list and in its advertising media kits or other advertising marketing materials.
  4. Lawful & Compliant Advertising. ACAE does not assume any obligations to perform a legal review of Advertiser’s advertisement(s). Advertiser remains solely responsible for the contents of the advertisement(s). Advertiser represents and warrants that it is familiar with all laws and regulations applicable to its advertisement(s), that all Ad Material submitted to ACAE is in compliance with such laws and regulations, and that (a) all Ad Material is factually accurate and original; (b) Advertiser has the lawful right to utilize any testimonial or endorsement; (c) Advertiser has secured appropriate and legally sufficient substantiation for any claims made in its advertising; (d) Ad Material does not violate any law or contract, nor infringe the copyrights, trademarks, trade names, patents or other intellectual property or proprietary rights of any person or entity; (e) Advertiser solely owns the Ad Materials, and all of the rights herein granted with respect thereto are owned solely by Advertiser OR Advertiser has obtained all necessary consents for publication and distribution prior to submission to ACAE; Advertiser is authorized to cause to be published the entire contents and subject matter of the advertisement; (f) the advertisement does not constitute unfair competition; (g) no Ad Material contains any matter which is libelous, defamatory, slanderous, violates any persons’ right to publicity, privacy, or personality, name, or likeness, or which may otherwise result in any tort, injury, damage or harm to any person; (h) no Ad Material contains indecent, inappropriate, or obscene content; (i) no Ad Material contains any viruses or other harmful or deleterious programming routines; (j) the product, or service that is being promoted is not the subject of any ongoing investigation by any local, state or federal regulatory or quasi-regulatory authorities; (k) the Ad Material is not false, misleading, deceptive or unfair, and does not violate any applicable law or regulation governing advertising activity; (l) each Internet site identified by URLs in advertisements: (1) is controlled by Advertiser and operated by Advertiser and/or its independent contractors; (2) will be functional and accessible at all reasonable times; and (3) is in compliance with all applicable laws and regulations, and suitable in all respects to be linked to from the applicable site containing the advertisement.
  5. Payment. Advertisers will be invoiced upon placement; payment is due within 30 days upon receipt or as otherwise specified on the invoice. If ACAE does not receive payment when due, ACAE reserves the right to cancel the Ad Order or suspend the Ad Order from publication until ACAE receives payment. If Advertiser has submitted an Ad Order for multiple insertions and fails to make timely payments, ACAE reserves the right to invoice Advertiser at a reasonable pro-rata single insertion rate for any Ads published prior to receipt of payment. ACAE reserves the right to assess interest charges on late payments. If ACAE takes any action to recover payments not received, ACAE shall be entitled to recover interest at the legal prevailing rate accruing from the date due as well as its costs and expenses incurred in connection with such action, including reasonable attorneys’ fees.
  6. Right to Reject or Require Modification. ACAE reserves the right to reject or remove the placement of any Ad or any portion thereof at any time if ACAE determines in its sole reasonable discretion that such Ad does not meet its standards, comply with the Advertising Guidelines or with any applicable law, rule, regulation, industry guideline, or judicial or administrative order. ACAE will provide notice to Advertiser in such event.
  7. Cancellation Policy. Advertiser must provide written notice to ACAE if it wishes to cancel an Ad Order. ACAE will grant refunds, if applicable, as follows: (a) for Collector magazine, if received prior to the space reservation date published in the ACA Advertising Media Kit; (b) for ACA Online, if received prior to the ad run commencement date specified in the Ad Order Form; (c) for ACA Daily, if received prior to 12:00AM CST on the Friday before the distribution week specified in the Ad Order Form; (d) for The Hub, if received prior to the last day of the month immediately prior to the ad run month specified in the Ad Order Form. Refunds for Ad Orders for which cancellation is received after the date specified above will be granted at ACAE’s discretion.
  8. Remedy for Incorrect Publication or Refusal to Publish Due to Advertiser Error or Nonconformity. ACAE is not responsible for incorrect publication of an advertisement if made pursuant to Advertiser’s written instructions, including errors contained in Ad Materials or errors in publication pursuant to instructions contained in Ad Orders or modifications provided verbally. In the case of incorrect publication or refusal to publish based solely on (a) Ad submissions not conforming to ACAE’s technical specifications; (b) Ad submissions not conforming to the Advertising Guidelines; (c) Ad submissions rejected or removed pursuant to Section 4 of this Agreement; (d) Ad Materials not arriving timely enough to deliver the Ad in accordance with the submission dates specified in the Advertising Media Kit; or (e) other Advertiser delay, error or omission, ACAE in its sole discretion may opt to: (a) reject such Ad Order and issue a refund or credit to Advertiser, if applicable; or (b) postpone running such Ad until a reasonable period of time after (i) non-conforming Ad Materials are corrected, or (ii) latearriving Ad Materials or instructions are received.
  9. Disclaimer of Warranties. ACA PROVIDES ITS SITE AND THE SITES OF ITS OTHER PARTNERS IN ITS PUBLISHING NETWORK, AND ALL OF ITS AND THEIR SERVICES, AS PERFORMED OR CONTEMPLATED HEREUNDER OR UNDER ANY AD ORDER, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY OR DISTRIBUTION OF ANY AD. ACAE WILL USE REASONABLE CARE AND DILIGENCE ORDINARILY EXERCISED IN THE PUBLISHING INDUSTRY TO PREVENT ANY ERROR OR OMISSION IN EACH ADVERTISEMENT; ACAE OTHERWISE EXTENDS NO WARRANTIES OR ASSURANCES WITH RESPECT TO ANY AD PLACEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ACAE CANNOT GUARANTEE NUMBER OF IMPRESSIONS, CLICKTHROUGHS, CLICKRATES OR OTHER PERFORMANCE-BASED METRIC FOR ONLINE ADS. THE SALES REPRESENTATIVE OF ACAE, WHETHER EMPLOYEES OR INDEPENDENT REPRESENTATIVE, ARE NOT AUTHORIZED TO MAKE WARRANTIES IN CONNECTION WITH AD PLACEMENTS. ORAL STATEMENTS OF THE SALES REPRESENTATIVE SHALL NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED UPON BY ADVERTISER AND ARE NOT PART OF THE TRANSACTION. ACAE EXPRESSLY EXCLUDES ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND IMPLIED BY STATUTE OR COMMON LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  10. Limitations on Liability for ACAE Errors, Omissions, or Failure to Publish or Distribute. ACAE will not be deemed in breach of this Agreement in the event it is not able to honor a specific position request due to ACAE’s conflicting editorial or positioning needs. In the event Advertiser has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to a refund or credit to Advertiser of the premium associated with such position request. In the event of interruption of display or distribution of any Ad in digital media, ACAE’S sole obligation will be to restore service as soon as reasonably practicable. Advertiser’s sole remedy in the event of any other publication error, omission or failure of any kind on the part of ACAE is limited to a refund or credit equivalent to the price paid for the Ad Order, limited to the cost of that portion of the Ad Order wherein the error occurred, not to exceed the full amount paid by Advertiser for the Ad Order. Alternatively, ACAE may offer, at its discretion, and Advertiser may opt for a subsequent “make-good’ advertising placement. Notwithstanding the forgoing, for ACAE errors or interruption that do not materially affect the value of the advertisement, ACAE may grant refunds or credits in its discretion. ACAE’s liability to Advertiser is limited in all cases and in the aggregate, to the total amount of Advertiser fees paid within the prior 12-month term; however, no such limitation shall apply to intellectual property infringement claims or ACAE’s willful misconduct or gross negligence. Advertiser retains the right to obtain equitable relief where appropriate. Advertiser waives any claim for incidental, special, punitive, indirect or consequential damages of any kind including without limitation, damages for loss of profits and the like, even if ACAE has been advised of the possibility of such damages.
  11. Changes to Agreement. These Terms are subject to change by ACAE without notice. ACAE may change ad size, format and/or placement at any time for ACA Online Ad Orders.
  12. Term of Agreement. This Agreement shall be effective as of the date an Ad Order is accepted by ACAE and shall remain effective through the ad run duration specified in the Ad Order Form.
  13. Indemnification. Advertiser agrees to defend, indemnify and hold ACAE and ACA International, and their affiliates and respective directors, officers, principals, managers, members, partners, shareholders, employees, and controlling persons and their affiliates (“Indemnified Parties”), harmless from all damages and liabilities resulting from or relating to demands, claims, actions or causes of action, assessments or other losses, costs and expenses relating thereto, interest and penalties thereon and attorneys’ fees, legal feesand any other expenses in respect thereof or in enforcing ACAE’s rights hereunder, by reason of or resulting from or attributable to Advertiser’s breach of this Agreement, or any warranties or representations made by Advertiser hereunder.
  14. Force Majeure. ACAE will not be in breach of these Terms by reason of any failure in performing in accordance thereto if the failure arises out of causes beyond the control and without the fault or negligence of ACAE. Such causes may include, by way of example only, acts of God or of the public enemy, acts of the government, fires, and floods and other catastrophic events.
  15. No Waiver. No provision of this Agreement shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy or failure to require the satisfaction of any condition under this Agreement shall operate as a waiver or estoppel of any right, remedy or condition.
  16. Assignment. Advertiser shall not assign this Agreement, in whole or in part (by assigning any right or delegating any duty under this Agreement), voluntarily or involuntarily, by operation of law or merger, or in any other manner, without ACAE’s prior written consent which may be withheld in ACAE’s sole discretion. Any purported assignment or delegation by Advertiser without ACAE’s prior written consent is void. Notwithstanding the forgoing, upon written notice to ACAE, Advertiser may assign this Agreement to a successor in interest to all or substantially all of the assets of Advertiser or to an affiliate of Advertiser. ACAE may assign this Agreement, in whole or in part to an affiliated entity or to any party by operation of law or by merger or in connection with the sale of any line of business.
  17. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
  18. Independent Contractors. ACAE and Advertiser are independent contractors. Nothing in this Agreement creates a relationship of agent and principal, partners, joint venturers or employer-employee between the parties, and no act or obligation of either party will in any way bind the other.
  19. Governing Law and Venue. The laws of the State of Minnesota, without regard to Minnesota’s choice-of-law principles, govern all matters arising out of or related to this Agreement. The parties agree that the exclusive forum and venue for any legal action arising out of or related to this Agreement shall be the United States District Court for the District of Minnesota, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of Minnesota, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and the parties submit to the personal jurisdiction of that court.
  20. Disputes or Claims. Any Advertiser dispute or claim arising under these Terms must be submitted in writing to: ACA Enterprises, ACA International Communications Department, 4040 West 70th Street, Edina, Minnesota 55435 or rosso@acainternational.org. If invoiced charges are disputed, Advertiser must timely remit that portion of the invoiced charges not in dispute while resolution is pending.
  21. Survival. Those provisions of this Agreement that by their terms, nature or sense survive any termination or expiration of this Agreement, including all representations, warranties, and indemnities, shall so survive in accordance with their terms.
  22. Integration and Binding Effect. The Advertiser will be presumed to have read and to be in agreement with the entire Terms herein, the Advertising Guidelines, and Ad Order Form. Such agreement is indicated by the Advertiser’s signature on Ad Order Forms. The Ad Order Form is an offer by Advertiser to purchase advertising space from ACAE in accordance with and subject to the terms herein and therein. ACAE will be deemed to have accepted the Ad Order Form when it sends Advertiser notice of acceptance in writing or displays the Ad specified in the Ad Order Form, whichever occurs first. ACAE’s acceptance is expressly limited to these terms. Any acknowledgement or other communication issued by ACAE in connection with the Ad Order Form will be for the purposes of describing in greater detail the advertising space to be provided and/or for record and accounting purposes only, and any terms or conditions set forth in such communication will not apply to the Ad Order Form and will not be considered to be ACAE’s exceptions to these Terms. The Ad Order Form and these Terms, together with any documents incorporated herein and therein by reference, constitutes the sole and entire agreement of the parties with respect to the advertising space, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with ACAE or its advertising sales representative(s) with respect to the subject matter of the Ad Order Form.
  23. Headings. The headings contained in this document are for reference purposes only and shall not affect in any way the meaning or interpretation.

File Submission

If advertisers have reserved space but do not submit a graphic file on time per the deadlines in the media kit, they will be charged for the ad space. No “make good” ads will be provided.