1. PAYMENT:

AMERICA IN WWII / 310 Publishing LLC (the Publisher) requires payment before the publication of an advertisement, unless the Advertiser provides valid credit card information, whereupon the Advertiser’s credit card will be charged upon publication of the advertisement. If Advertiser’s credit card is declined when Publisher attempts to charge the card for published advertising, Advertiser will provide another form of payment within five (5) business days. Publisher will send to the Advertiser one or more copies of the issue in which the advertisement appeared, upon publication. If advertising is submitted by an Agency on behalf of the Advertiser, the Agency must sign this Agreement and will be jointly liable for payments due under this Agreement.

2. AD RESPONSE & METRICS:

AMERICA IN WWII / 310 Publishing LLC makes no warranties as to the effectiveness or volume of response for any advertisement. The Advertiser recognizes the Publisher’s delivery statistics, whether created by the Publisher or a third party contracted by the Publisher, as binding for the purposes of this Agreement. No other measures or statistics shall apply.

3. RIGHT OF REFUSAL:

AMERICA IN WWII / 310 Publishing LLC reserves the right to reject any insertion order or cancel the publication of any advertisement, for any reason whatsoever, even if the Publisher has already approved the Advertising Insertion Contract and/or the ad’s content. AMERICA IN WWII / 310 Publishing LLC will not accept advertisements that, in the Publisher’s sole judgment, promote or seem to promote religious or political viewpoints, alcohol, tobacco, pornography, adult materials or sites, functional weapons (other than subject-relevant antiques, historical replicas, and commemoratives), racism, anti-Semitism, neo-Nazism, or hate.

4. ADVERTISER WARRANTIES:

The Advertiser warrants that it has the right to publish the advertisement(s) and that doing so will not infringe the rights of third parties or violate any law. The Advertiser will hold harmless and defend AMERICA IN WWII / 310 Publishing LLC from any action or claim resulting from publication of the advertisement(s), including but not limited to claims of copyright, trademark, or other intellectual property infringement, defamation, violation of privacy, or false or deceptive advertising.

5. NO ASSIGNMENT:

The ad insertions purchased under this Agreement may not be assigned or resold.

6. MATERIALS, DEADLINES & SPECIFICATIONS:

The Advertiser shall submit advertising materials by the Publisher’s scheduled due dates and in accordance with the Publisher’s stated mechanical and digital specifications, which will be communicated to the Advertiser by the Publisher’s sales representative. Failure to submit materials by the specified due date may result in the advertisement not being published. Failure to meet mechanical and digital specifications may result in the advertisement requiring alteration, conversion, or other file preparation. If such work is required, the Advertiser must get it done promptly or request that the Publisher perform the work. No such work will be done without the Advertisers written or e-mailed instructions to proceed. All such work will be added to the cost of the advertisement and billed directly to the Advertiser at the following rates: $50 to replace PC fonts with suitable fonts; $50 to convert RGB color to CMYK; and $50/hour for graphic design and alteration (with a one-hour minimum charge). If necessary repair work on an advertisement cannot be completed within the Publisher’s production deadlines, the advertisement will not be published.

7. NON-PUBLICATION OF MATERIALS:

If for any reason—other than the Advertiser’s failure to meet the Publisher’s stated schedule or mechanical and digital specifications—AMERICA IN WWII / 310 Publishing LLC should fail to publish the advertisement(s) as specified under this Agreement within the specified time, the Publisher’s sole liability shall be to forego payment for the purchase price of the specific insertion(s) that went unmade. This Advertising Insertion Contract shall remain in effect for any remaining insertions scheduled hereunder. In no case will AMERICA IN WWII / 310 Publishing LLC be responsible for indirect or consequential damages, lost profits, or other damages claimed to have resulted from failure to timely distribute the advertisements specified in this Advertising Insertion Contract. The Publisher shall not be responsible for the non-publication of an advertisement due to the failure of a third party to provide materials to the Publisher on behalf of the Advertiser. In any such case—or in cases where a contracted advertisement is not published due to the Advertiser’s missing of the Publisher’s stated deadlines for submission of materials, or when the Advertiser’s failure to meet materials specifications prevents completion of revised materials within the Publisher’s publication schedule deadlines—the Advertiser agrees to pay the full price of the missed insertion as stated in this Advertising Insertion Contract.

8. PUBLICATION QUALITY OF ADVERTISEMENTS:

AMERICA IN WWII / 310 Publishing LLC will do its utmost to ensure quality publication of the Advertiser’s advertisement(s). When the publication quality fails to meet the Advertiser’s expectations, if the materials supplied by the Advertiser or by a third party on the Advertiser’s behalf failed to meet the Publisher’s stated specifications, the Publisher shall not be responsible for the publication quality of the advertisement(s). In addition, if the Publisher converts RGB color to CMYK in an advertisement with the Advertiser’s advance written or e-mailed approval, the Publisher shall not be responsible for any shift in the advertisement’s color as published. If the Publisher and the Advertiser agree that the publication quality of an advertisement is below acceptable quality levels, even though the Advertiser timely submitted materials that met the Publisher’s stated specifications, then the Publisher’s sole liability shall be to extend to Advertiser equivalent advertising space in a future issue, free of charge. In no case will the Publisher be responsible for indirect or consequential damages, lost profits, or other damages claimed to have resulted from inferior publication quality of an advertisement specified in this Advertising Insertion Contract.