Terms & Conditions 

 

 Materials/Submission   |   Billing/Payment/Collections   |    Other Terms   |     Code of Ethics 

 

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   Materials/Submission  

  1. Materials will not be returned to Advertiser unless specifically requested by Advertiser.
     
  2. Any specification or order for the use or non-use of any particular page or position where the advertisement is to be inserted shall be treated as a request only, and the American Resort Development Association (ARDA) shall not be obligated to comply with said request. In the event said request for position is granted, Advertiser shall pay an additional position charge.

     
  1. Advertiser shall submit to ARDA all advertising and editorial materials no later than the due date for material submission on the editorial calendar. Alterations requiring additional work will be charged at current rates. When no other copy is provided by Advertiser by the ad close date, ARDA may insert previous advertisement from Developments magazine. ARDA reserves the right to require any advertising to be labeled "advertisement" if it too closely resembles Developments’ editorial pages.

     
  1. Advertiser and advertising agency assume liability for all content of advertisements printed, including names, portraits, text, representations or any sketch, map works, labels, trademarks or other copyrighted matter. Advertiser and advertising agency also assume responsibility for any claims arising there from made against the publisher or the publisher’s representatives.

     
  2. The publisher reserves the right to reject or cancel any advertisement for any reason, at any time. ARDA reserves the right to reject any advertisement at any time after receipt of proof of text, copy and/or illustrations, even though a prior similar order may have been approved. ARDA shall have the right to omit any advertisement when the space allotted to advertising has been filled. Unintentional or inadvertent failure to publish advertising invalidates the insertion order for that issue only. Failure of ARDA to insert any advertisement shall be considered immaterial and shall not constitute a breach of this Agreement, nor shall ARDA be liable for damages thereof. In such event, Advertiser shall have the option of having such advertisement printed in a future issue under these Terms and Conditions or of having no charge for such advertisement not inserted.

     
  3. Insertion orders are binding after closing dates. Cancellations must be received before ad close date. Advertisers canceling after this date will be billed for space ordered. Advertisements already run shall be paid for at rates in the rate card.

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  Billing/Payment/Collections  

  1. Advertising agencies may take 15% of gross billing on rate, provided that the account is paid within 30 days of invoice date. To qualify, advertising agencies representing a Developments’ client must submit a request on agency letterhead, which includes their separate and distinct company name, principal contact person, and mailing address. No commission is allowed on the cost of artwork, conversion charges, reprints, mechanical changes, or classified advertising charges.

     
  1. Payment in full is due within 30 days of the initial invoice date. Advertising privileges will be suspended on accounts over 90 days past due. All expenses and legal fees incurred in collecting outstanding invoices will be paid by the Advertiser. ARDA reserves the right to require payment in advance of publication.
  1. Any taxes which may be imposed on any advertising shall be advanced by ARDA on behalf of Advertiser, be billed to Advertiser and be due and payable immediately.
  1. ARDA reserves the right to cancel this Agreement at any time upon Advertiser’s failure to pay any ARDA endorse bill when due.
  1. In the event ARDA must employ an attorney to collect sums due hereunder or to enforce compliance by Advertiser with any of the terms of this Agreement, Advertiser shall pay to ARDA attorney’s fees and other costs incurred by ARDA in connection with any legal actions and appeals thereof.
  1. ARDA shall not be liable for any damages for failure to fulfill an order for any reason whatsoever, including but not limited to labor disputes, strike, war, riot, insurrection, civil commotion, fire, flood, accident, storm, act of God, or any other circumstances. In such event, Advertiser’s sole remedies shall be those in paragraph 5 above.
  1. Advertiser shall indemnify ARDA and hold ARDA harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against ARDA on grounds alleging that any advertisement submitted hereunder by or on behalf of Advertiser violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or other personal rights. Advertiser agrees at Advertiser’s own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against ARDA, provided that ARDA shall promptly notify Advertiser with respect thereto. The Advertiser shall reimburse ARDA for any amount paid by ARDA in settlement of claims or in satisfaction of judgments obtained by reason of publication of such advertising copy, together with all expenses incurred in connection therewith, including but not limited to, reasonable attorney’s fees and court costs.

 

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  Other Terms  

  1. Advertisers will be short rated if, within a 12 month period from the date of the first insertion, they do not use the amount of space upon which their billing has been based. Rate rebates will be made if the advertiser exceeds the amount of space contracted within 12 months to earn a lower rate than that at which they had been billed.
  1. This writing contains the entire Agreement of the Parties. No representations were made or relied upon by either party, other than those expressly set forth in this Agreement. No agent, employee or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by a duly authorized officer, employee or other representative of the respective parties.
  1. Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties hereto that they would have executed the remaining portion of this Agreement without including therein any such part, parts, or portion which may, for any reason, be hereafter declared invalid.
  1. This Agreement shall be construed under the laws of the District of Columbia. Venue for any legal actions regarding this Agreement shall be in the District of Columbia.

 

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 Code of Ethics  

  1. The American Resort Development Association expects all ARDA members and others featured as authors or advertisers in ARDA publications, or exhibitors or speakers at ARDA meetings to be in full compliance with the ARDA Code of Standards & Ethics. ARDA reserves the right to refuse publication of questionable articles or advertisements in any of its publications, to prohibit or remove from its trade shows whole exhibits or any exhibit merchandise or materials of any kind that raise any issues of ethics and to refuse or cancel the appearance by any speaker determined to have advocated, been engaged in or associated with unethical conduct. All authors, advertisers, exhibitors and speakers appearing in ARDA publications or meetings are hereby on notice of this policy and accept any invitations, agreements and contracts subject to it. As a consequence of this policy, all such persons or companies agree that their sole recourse against ARDA for any exclusion pursuant to this policy shall be refund of monies paid for advertising or exhibit space. Further, there shall be no claim for refund for exhibit space where exhibit materials or merchandise excluded was incidental to the purpose of the exhibit.

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 Advertising Contact: 

 Katelyn Reitz 
Manager, Sales & Marketing 

1201 15th Street, NW
Suite 400
Washington, D.C. 20005
Phone 202-207-1074
Fax 202-289-8544