BUSINESS POLICY
1. The San Jose Mercury News is published
mornings every day of the year including holidays.
2. Minimum space sold is one column inch.
3. Advertising must measure at least as many
inches deep as columns wide. Exceptions: Check for availability of special
page strip positions.
4. Advertisements more than 18.5 inches in depth
will be charged full column depth of 21.5 inches. For tabloid sections,
ads more than 9 inches will be charged full column depth of 11.55 inches.
5. Credit for errors shall not exceed the cost of the space occupied by such
errors. On multiple insertions, credit for errors will not be given after the
first insertion. The Publisher assumes no financial responsibility for typographical
errors or for omission of copy. IF THERE ARE DISPUTES OR DISCREPANCIES ADVERTISER
MUST PROMPTLY PAY ALL AMOUNTS NOT SUBJECT TO DISPUTE, and present to the Mercury
News advertising representative and Credit Department, in writing, a complete
and detailed explanation of the discrepancy and any balance withheld.
6. Forwarding of an order is construed as an acceptance of all rates and conditions
under which the San Jose Mercury News at the time sells advertising space. Failure
to make order correspond in price, or otherwise, with the rate card is regarded
as a clerical error and publication is made and charged for upon the rates and
terms of the rate card, without further notification.
7. The Publisher reserves the right to edit, alter, or omit any advertisement
submitted for publication that, in the publisher’s sole discretion, is
determined not to be in the best interest of the newspaper. All advertising positions
are at the option of the Publisher. Advertising orders directing insertion of
advertising to a special position or on a designated page "or omit" will
not be accepted.
8. Advertiser agrees that the laws of the State of California govern the placement
and publication of advertising. Advertiser agrees that the City of San Jose and
the County of Santa Clara, in which the San Jose Mercury News is located, shall
be the venue for any legal action relating to advertising placed or published.
9. Advertiser and/or advertising agency or agent assumes all liability for the
content of advertisements published (including illustrations, text, claims, etc.)
and agrees to protect and indemnify the San Jose Mercury News, its affiliates,
stockholders and the directors, officers and employees of the San Jose Mercury
News in which the advertisement appears against any and all liability, damages,
loss or expense of whatsoever nature, including attorneys’ fees and costs,
arising out of the copying printing or publishing of such advertising including,
but not limited to, claims for libel, slander, deceptive statements, unfair trade
practice, unfair competition, infringement of trademarks, copyrights, proprietary
rights, trade names, or patents and invasion or violation of rights of privacy
resulting from publication of such advertisement.
10. The San Jose Mercury News reserves the right to revise its advertising rates
and/or terms at any time. New rates will be effective with the billing cycle
following the rate change announcement. An Advertiser may elect to cancel their
existing contract after the announcement of the change. If the Advertiser cancels
their contract then they will be re-billed the difference between the contracted
rate and the actual rate earned.
11. If Advertiser wishes to upgrade an existing contract, the Advertiser may
do so within the first six-(6) months of the specified contract dates. No contract
upgrades will be accepted after this period. The revised contract and appropriate
rates will be effective on the first day of the following month from date of
the contract upgrade. The San Jose Mercury News will not re-bill any advertising
run prior to the effective date of the upgrade.
12. The Publisher reserves the right to insert the word "Advertisement" at
the Advertiser’s expense. The Publisher also reserves the right to reset
body type in advertising because of the resemblance to the typeface used in news
stories.
13. The San Jose Mercury News will not be responsible for an Advertiser’s
printing material left thirty days after publication.
14. Every effort will be made to meet reasonable position requests. Failure to
meet position requests will not constitute cause for adjustment, refund, or rerun.
15. Submission of an advertisement does not constitute a commitment to publish
the advertisement. Publication of an advertisement does not constitute an agreement
for continued publication.
16. The San Jose Mercury News shall not be liable for failure to publish all
or any portion of the advertising which is the subject hereof when such failure
results directly or indirectly from fire, flood, earthquake, other act of God,
strikes, lockouts, other labor difficulties, acts of the public enemy, riots,
insurrections, government regulations, or any other cause or event beyond their
control.
17. If advertising is rejected, any consideration paid to the San Jose Mercury
News will be returned to the Advertiser and all parties will be released.
18. Foreign language advertisements will be accepted by the San Jose Mercury
News, providing a full translation is also published in equal space. This does
not apply to Nuevo Mundo or Viet Mercury.
19. Cancellations, changes of insertion dates, and/or corrections must conform
to published deadlines.
20. All disclaimers contained in advertising agency insertion orders or contracts,
such as "agency for" are void and suspended by this ratebook. The advertising
agency is solely financially liable for all advertising. Credit is not available
to advertising agencies with disclaimers.
21. Excessive changes to a proof that are not corrections but changes in either
copy or layout are not guaranteed nor warranted to be corrected for any ad scheduled
for publication unless 48 hours is allowed. Changes indicated would then be made
and charged at 50% of advertiser’s daily contract rate for the space in
which the changes are made.
22. The Mercury News reserves the right to revise non-subscriber advertising
rates in the event of postage rate changes.
23. Any preprint received that varies from the original order will be charged
for any additional costs incurred plus a 25% premium.
NATIONAL,
NATIONAL AUTO, TELECOM, BAY AREA BUY POLICY
1. Contracts for bulk space discounts cannot be backdated more than 30 days
2. Space used in Television or Sunday Comics may be added to ROP space to fulfill volume/bulk contracts.
3. minimum contracted for, the San Francisco Bay Area Buy will re-bill the difference between the contracted linage level and actual linage achieved.
4. Key numbers and other information the Advertiser deems necessary should appear in printing material. Publisher is not responsible for "pub-set" key numbers.
5. General advertising rates are commissionable at 15%, see "Commission" for details.
Commission
1. A 15% commission is offered to advertising agencies recognized by the San Francisco Bay Area Buy assumes all financial responsibility for all advertising placed by the agency. Depending on Advertiser category, National, National Auto, San Francisco Bay Area Buy or Telecom rates will apply. Agency commission will be disallowed if payment terms are not met.
2. Payment of commission is contingent on the agency providing newspaper with (1) production ready layout, (2) all artwork or other printing material for illustrations or special borders or typefaces other than stock cuts, (3) a written insertion order, and (4) payment within terms.
RETAIL
POLICIES
1.
Retail rates apply to advertising space relating
to the retail business operated by the advertiser.
Retail rates cannot be used directly or indirectly
to cover the advertising of any product for which
the advertiser may be a distributor; nor does
it apply to any advertising classified as general
rate advertising by the Publisher. The space
contracted for will not be sublet to others,
nor used for other purposes than herein named.
2. Advertising agencies that place advertisements and receive statements on behalf
of Retail advertisers are acting as the agent of these advertisers. Retail rate
advertisers are at all times liable for payment of all account balances, signing
of contracts and all other liabilities. Advertisers are deemed to have received
refund payments, adjustments, notices, and all other documents when the same
are delivered to their agents.
3. Dollar Volume Contracts cannot be backdated more than 30 days.
4. Retail rates are net and non-commissionable. No cash discounts are offered.
5. In the event that Advertiser spending exceeds the level specified in the contract,
the Advertiser will begin earning lower contract rates on spending in excess
of the original contracted amount as subsequent contract levels are achieved
during the contract period. Rate adjustments will be effective with the first
day of the subsequent billing cycle.
6. Advertising dollars invested in San Jose Mercury News products: Retail Advertising,
Classified Advertising, Preprinted Inserts, Nuevo Mundo, Viet Mercury and Online
Products (Recruitment advertising is NOT eligible) apply toward fulfillment of
advertiser’s dollar volume agreement.
REAL
ESTATE, LOCAL AUTOMOTIVE, CLASSIFIED MERCHANDISE POLICY
1. Only standard abbreviations will be accepted. Proper punctuation
required.
2. Every effort will be made to position advertisements within or adjacent to
classification ordered, however the San Jose Mercury News reserves the right
to edit, reject, sort, position or classify advertisements in the proper classification.
3. In the event that Advertiser spending exceeds the level specified in the dollar
volume contract, the San Jose Mercury News will re-bill the difference between
the rate level contracted and the appropriate rate level—to a maximum of
two levels.
4. If the Advertiser does not meet the minimum contracted for, the San Jose Mercury
News will re-bill the difference between the contracted dollar volume and actual
dollar volume achieved.
5. In the event that Advertiser spending exceeds the level specified in the contract,
the Advertiser will begin earning lower contract rates on spending in excess
of the original contracted amount as subsequent contract levels are achieved
during the contract period. Rate adjustments will be effective with the first
day of the subsequent billing cycle.
6. Advertising dollars invested in San Jose Mercury News products: Retail Advertising,
Classified Advertising, Preprinted Inserts, Nuevo Mundo, Viet Mercury and Online
Products (Recruitment advertising is NOT eligible) apply toward fulfillment of
’s dollar volume agreement.
RECRUITMENT POLICY
1. Only standard abbreviations will be accepted. Proper punctuation
required.
2. Every effort will be made to position advertisements
within or adjacent to classification ordered, however the San Jose Mercury
News reserves the right to edit, reject, sort, position, or classify
advertisements in the proper classification.
3. The San Jose Mercury News requires that all
offers of employment state exactly the work to be performed.
4. Sales employment offer advertising must specifically
name the product or service to be sold.
5. In sales ads, the word "salary" or "guarantee" must
be included if an amount of money is shown in
the advertisement. When earnings are based upon commission, no statement
of the amount of money
that may be earned is acceptable, nor may the
advertiser imply earnings except a specific commission paid per unit
sold unless the newspaper
receives and approves advertiser-supplied documentation
pertaining to average earnings of existing employees, sales agents or
both.
6. The Mercury News does not accept ads in these
categories: Job Fair or Aggregator Advertising.
Commission
1. A 15% commission is offered to advertising
agencies recognized by the San Jose Mercury News. Agency assumes all
financial responsibility for all advertising placed by the agency. Agency
commission will be disallowed if payment terms are not met.
2. Payment of commission is contingent on the
agency providing newspaper with (1) production ready layout, (2) all
artwork or other printing material for illustrations or special borders
or typefaces other than stock cuts, (3) a written insertion order, and
(4) payment within terms.
3. Local and contract employment advertising
agencies can earn a 15% commission providing agency submits advertising
by remote entry, or provides camera-ready material. Remote entry ads
received after deadline (6 p.m.) or that include errors subsequently
corrected by San Jose Mercury News staff will not be eligible for commission.
CREDIT
POLICY
1.
Payment must accompany all orders from Advertisers
who have not established credit with The San
Jose Mercury News, Inc. and Contra Costa Times.
2. Acceptance and publication of advertising does not constitute an extension
of credit to the advertiser or advertising agency, if there is one. The San Jose
Mercury News may, at its option, extend credit upon completion of an application
for credit and/or personal guarantee, along with any other additional information,
surety, and credit reference deemed necessary by the San Jose Mercury News.
3. All billed advertising is due and payable 15 days following statement end
date. Failure to receive tear sheets will not be considered reason to delay payment
beyond the 15th day. In the event that legal action has to be taken to collect
a debt, Advertiser agrees to pay all collection costs incurred, including attorney’s
fees in any collection suit, any appeal therefrom, or otherwise. Rebates or credits
may be applied to advertiser’s/agency’s delinquent account at the
discretion of the San Jose Mercury News
4. The San Jose Mercury News may require payment in full for any outstanding
balance before accepting copy for publication or require cash payment with copy
or both.
5. It is our policy to review accounts to determine if a change in account status
is necessary.
6. Contract advertisers who have not been extended credit may be required to
pay the open rate until the contract period has been fulfilled. On completion
of the contract period, the customer may apply any difference between the open
and contract rates to future advertising. If there is no future advertising,
and the account has no outstanding balances, the credit may be refunded.
7. Credit is not available to advertising agencies with disclaimers. Advertising
submitted with insertion orders or other forms, which deny liability for payment
or claim sequential liability (agency will not pay the Mercury News until they
receive payment from the advertiser) will not be accepted unless the submitting
agency satisfies at least one of the following conditions:
a. Signs a "Confirmation of Liability for Payment" form, which supersedes
the denial of liability for payment in any and all insertion orders received
from that agency; or,
b. Prepays for the advertising submitted with such a denial of liability
8. Claims for adjustment due to errors must be made within seven days of publication.
IF THERE ARE DISPUTES OR DISCREPANCIES ADVERTISER MUST PROMPTLY PAY ALL AMOUNTS
NOT SUBJECT TO DISPUTE, and presented to the advertising representative and Credit
Department, in writing, a complete and detailed explanation of any payment withheld
and reason therefore.
9. Cash discounts are not available.
10. If no claim has been made on a payment by an advertiser within two (2) years,
it shall be deemed to have been paid to The San Jose Mercury News, Inc. and Contra
Costa Times, for services rendered.
11. The aforementioned terms and general information are not all inclusive and
are subject to change at the sole discretion of The San Jose Mercury News, Inc.
12. The San Jose Mercury News accepts cash, check or Visa/MasterCard and Discover
for advertising payments.
13. Prepayment of advertising is required for companies located offshore, in
Canada or Mexico.
|
