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P R INT ADVERT I S I N G R AT E S & DATA 2 01 2 R AT E CARD #43 Date Issued: September 2011 Effective Date: January 2012 P U B L I S H E D B Y : 83 General Warren Boulevard Suite 100 Malvern, PA 19355 Tel: (800) 237-7285 Fax: (888) 686-0391 KEY CONTACTS R AT E S Vice President/Group Publisher 1. Effective Date and Agency Discount Christopher Ciraulo (610) 560-0500, Ext 311 / firstname.lastname@example.org (a) Effective rate date: January 2012. No conditions other than those set forth in this rate card shall be Publishing Director binding upon HMP Communications, LLC unless specifically agreed to by HMP Communications in writing. Jill Bresnick (b) Agency commission: Fifteen percent of gross billing on space, color, cover, and preferred position (610) 560-4144 / email@example.com charges. Noncommissionable charges, such as production charges, are not subject to an advertising agency National Sales Manager commission. Agency commissions are not payable on invoices which are not paid within ninety (90) days of the Joe Cannarella (347) 371-1357 / firstname.lastname@example.org date of the invoice. Associate National Accounts Manager (c) At the request of agency and advertiser, arrangements will be made to directly bill the advertiser. Mary Paglione (215) 431-2795 / email@example.com 2. Earned Rates Group Editorial Director (a) Full run: Earned rates, according to the rate card in force, are given to advertisers based on advertising Julie Bowen frequency within a 12-month period. Earned rates are based on total number of full and fractional pages, and (610) 560-4174 / firstname.lastname@example.org all page sizes are counted in determining frequency discounts. Editorial Director Linda Geisler (b) Frequency rates: Any product that advertises to the FULL-RUN circulation will receive double frequency value (610) 560-4191 / email@example.com toward corporate frequency discount in Consultant. Any product that advertises to the DEMO 1 or DEMO 2 circulation Production/Circulation Director will receive single frequency value toward corporate frequency discount in Consultant. All pages of a parent company Kathy Murphy and subsidiaries are combined to determine the earned rate. Earned rates apply to Consultant only. (610) 560-0500, Ext 252 / firstname.lastname@example.org (c) Demographic/split-run rates: Available on a limited, priority basis. See section 16. Circulation Manager Bonnie Shannon 3. Discounts (610) 560-0500, Ext 246 / email@example.com (a) Discounts will be taken in the following order: Space charge based on frequency discount; Production Manager less Combination Discount; less Corporate Discount; less Continuity Discount (upon request, Corporate and Mary A. Hlavac Continuity Discount may be combined for single percentage discount: i.e., 3% Corporate Discount plus 5% (610) 560-4192 / firstname.lastname@example.org Continuity Discount equals 8% discount); less 15% agency commission. Media Kit & Production Specifications www.Consultant360.com (b) HMP Combination Discount: Any product that is advertised in two HMP Communications journals in the same month qualifies for a $200 per page discount against each journal’s earned page rate. Any product that is advertised in three HMP Communications journals in the same month qualifies for a $300 discount against each journals earned page rate. Ad units and product indications may differ from journal to journal; however, the savings are earned on a page-for-page basis with the ad unit appearing in the other journal. Any insertion to Consultant’s FULL-RUN (or list match), DEMO 1, or DEMO 2 circulation is eligible for the Combination Discount. 1 Page: $200 2 ⁄3 Page: $150 1 ⁄2 Page: $100 1 ⁄3 Page: $50 Consultant Clinical Geriatrics Annals of Long Term Care Consultant For Pediatricians First Report Managed Care Skin & Aging (c) Corporate Discount: The combined total net advertising spend in Consultant and Consultant For Pediatricians is credited in determining your corporate discount level. Discounts are for advertising only. The corporate discount for 2012 will be based on 2011 spend level. Please contact publisher for more information. 1 R AT E S c o n t i n u e d (d) Prepayment/noncancellable space discount: Available. Contact Publisher. 5. 2012 DEMO 1 RATES: PRIMARY CARE PHYSICIANS (e) Continuity discount: Advertise the same product with 8 insertions (black-and-white) in Consultant, regardless of unit size, and earn a 3% discount off the Total Circulation: 176,083 Primary Care Physicians (includes 20,865 Residents) earned rate for that product in every issue during the 12-month period. Run 10 insertions and receive 5% off every insertion. Run 12 insertions in Consultant and receive 10% off every insertion. Scheduling Code: CONSULTANT DEMO1 - PCP (f) Double frequency discount: Any product that advertises to the Frequency Full Page 2 ⁄3 Page 1 ⁄2 Page 1 ⁄3 Page FULL-RUN circulation receives double frequency value toward corporate frequency discount in Consultant. Any product that advertises to the DEMO 1 Time $10,810 $7,700 $6,620 $4,210 1 or DEMO 2 circulation receives single frequency value. 6 Times 10,655 7,580 6,530 4,140 (g) New Product Launch Program: Run a new launch unit in five 12 Times 10,405 7,390 6,370 4,040 (5) issues within a six-month period and receive the next (6th insertion) 24 Times 10,235 7,270 6,255 3,965 for FREE. Free ad unit size must be the same size unit or smaller than one of the paid ad units. New products, new molecular entities, new product 36 Times 10,190 7,245 6,235 3,950 indications, or new formulations are eligible for this program. Free ads will 48 Times 9,930 7,070 6,070 3,845 count towards earned frequency and may be combined to help achieve the 60 Times 9,815 6,975 6,040 3,820 Continuity Discount. 72 Times 9,740 6,910 5,970 3,780 4. 2012 FULL-RUN RATES (black-and-white) 96 Times 9,230 6,540 5,640 3,595 Total Circulation: 250,307 Primary Care Practitioners (includes 176,083 120 Times 8,980 6,375 5,495 3,485 Physicians [DEMO 1] and 74,224 Prescribing NPs and PAs [DEMO 2]) 144 Times 8,845 6,290 5,425 3,430 180 Times 8,730 6,210 5,330 3,395 Scheduling Code: CONSULTANT 216 Times 8,645 6,160 5,305 3,365 Frequency Full Page 2 ⁄3 Page 1 ⁄2 Page 1 ⁄3 Page 252 Times 8,580 6,110 5,260 3,335 1 Time $14,420 $10,255 $8,820 $5,620 288 Times 8,505 6,045 5,200 3,305 6 Times 14,195 10,100 8,695 5,515 320 Times 8,320 5,910 5,095 3,225 12 Times 13,870 9,865 8,500 5,400 380 Times 8,170 5,820 4,995 3,185 24 Times 13,635 9,685 8,350 5,300 420 Times 8,020 5,695 4,915 3,105 36 Times 13,580 9,655 8,315 5,285 480 Times 7,860 5,600 4,820 3,060 48 Times 13,225 9,400 8,105 5,145 520 Times 7,710 5,475 4,730 2,995 60 Times 13,080 9,320 8,020 5,100 600 Times 7,610 5,430 4,675 2,970 72 Times 12,970 9,225 7,935 5,050 96 Times 12,295 8,775 7,535 4,795 Color: In addition to earned black-and-white rates. 120 Times 11,965 8,520 7,345 4,665 A pply to FULL-RUN and DEMO 1 144 Times 11,780 8,385 7,215 4,590 Charge per color per page or fraction: 180 Times 11,630 8,270 7,135 4,530 Standard SWOP color $1,075 216 Times 11,520 8,185 7,060 4,485 Matched (two-color) 1,510 252 Times 11,440 8,135 7,015 4,455 Three- or four-color 2,985 288 Times 11,325 8,040 6,920 4,405 Five-color 4,070 320 Times 11,085 7,880 6,775 4,315 Four-color plus metallic or ﬂuorescent 5,090 380 Times 10,885 7,730 6,650 4,235 420 Times 10,685 7,565 6,505 4,140 480 Times 10,470 7,415 6,375 4,060 520 Times 10,280 7,275 6,260 3,985 600 Times 10,145 7,175 6,185 3,925 2 R AT E S c o n t i n u e d 6. 2012 DEMO 2 RATES: NP/PA (black-and-white) Color: In addition to earned black-and-white rates. Total Circulation: 74,224 Nurse Practitioners and Physician Assistants (breakdown: 56,507 NPs and 17,717 PAs qualiﬁed Apply to DEMO 2 via primary care specialty and/or prescribing activity) Charge per color per page or fraction: Standard SWOP color $995 Scheduling Code: CONSULTANT DEMO2 – NP/PA Matched (two-color) 1,330 Three- or four-color 1,730 Frequency Full Page 2 ⁄3 Page 1 ⁄2 Page 1 ⁄3 Page Five-color 3,500 1 Time $5,175 $3,705 $3,195 $2,020 6 Times 5,105 3,645 3,140 1,990 Four-color plus metallic or ﬂuorescent 4,255 12 Times 4,975 3,570 3,070 1,940 7. Bleed: No charge. 24 Times 4,900 3,500 3,025 1,915 8. Covers and Special Positions (premium on one page only): 36 Times 4,880 3,480 3,015 1,905 (a) Covers: 48 Times 4,770 3,405 2,935 1,875 Second cover: Earned rate plus 35% and color charge. 60 Times 4,700 3,375 2,900 1,835 Third cover: Sold in combination with fourth cover only; no premium on third cover. 72 Times 4,655 3,335 2,875 1,815 Fourth cover: Earned rate plus 60% and color charge. 96 Times 4,405 3,160 2,710 1,735 (b) Special positions: 120 Times 4,305 3,070 2,650 1,685 Page facing ﬁrst editorial: Earned rate plus 10% and color 144 Times 4,235 3,035 2,615 1,665 charge. 180 Times 4,185 2,990 2,570 1,635 Page facing ﬁrst table of contents: Earned rate plus 20% 216 Times 4,145 2,955 2,550 1,620 and color charge. 252 Times 4,105 2,940 2,535 1,610 Page facing second table of contents: Earned rate plus 288 Times 4,070 2,920 2,515 1,600 10% and color charge. 320 Times 3,980 2,850 2,460 1,555 Photoclinic section: Earned rate plus 10% and color charge. 380 Times 3,910 2,800 2,405 1,530 What’s Your Diagnosis?® section: Earned rate plus 10% and color charge. 420 Times 3,845 2,750 2,370 1,500 Positions cancellable on 60 days notice. 480 Times 3,765 2,695 2,335 1,475 520 Times 3,680 2,645 2,280 1,435 600 Times 3,640 2,595 2,250 1,420 INSERTS 9. Availability and Acceptance (c) Example of such inserts must be submitted to publisher for approval 1 (a) Availability: Two- to 10-page inserts available to FULL-RUN, DEMO 1, month prior to closing date. and DEMO 2 circulations. Demographic and/or geographic inserts to the 12. Sizes and Speciﬁcations FULL-RUN circulation available on a limited, priority basis. (a) Stock weights: Maximum acceptable thickness of paper stock is (b) Acceptance: A full-size stock sample must be submitted to the .004”. The stock weight shall be governed by that commonly available in Publisher for approval. a .004” sheet, coated or uncoated. Allowable variation to the standard is 10. Insert Charges 5% to encompass unevenness found in commercially produced coated and uncoated stock. (a) All FULL-RUN, DEMO 1, and DEMO 2 inserts charged page for page at the earned black-and-white rates. (b) All inserts (full-size stock samples) must be submitted to the Publisher for approval. Inserts to be supplied untrimmed, printed, folded, and ready for (b) Tip-in charge: Not applicable. binding. No device other than standard varnishing may be used to make 11. Insert with Gatefold/Flap: Upon Publisher’s approval, Consultant stock heavier or less ﬂexible than as sold by its manufacturer. may also accept inserts with a gatefold or “flap” submitted by individual companies/products. Calculation of the cost for such ads is based on the FULL- RUN earned frequency rate. (a) Space charge: Calculated as actual unit size without the flap, plus a minimum of one additional page. Cost based on the advertiser’s earned page rate. A single flap larger than 50% of a single page will be billed at a rate of two additional pages. (b) Mechanical charge: Regardless of the insert size, a flat noncommissionable/nondiscountable mechanical charge of $750 is added. 3 I N S E R T S continued 13. Trimming: Ship folded to 8” x 11”. Trimming for oversize inserts will be (b) Minimum space charges may apply, depending on unit size and circulation charged at cost. Keep live matter 1⁄4” from trimmed edges and 3⁄16” from gutter match. Any match below the following circulation ceilings will incur a trim. Book is jogged to head, head trim is 1⁄8”, allow 1⁄8” for perfect bind. Final minimum space charge. trim is 73⁄4” x 103⁄4”. Unit Size Minimum Percent Charge Circulation Ceiling 14. Quantity Required: FULL RUN: 280,000 inserts; DEMO 1 (GP/ FP/IM/DO/CARD): 194,000 inserts; DEMO 2 (NP/PA): 91,000 inserts. 1, 2, 3, 4, or 5 pages 50% 125,154 15. Shipping Instructions: 6 or more pages 35% 87,607 Ship inserts to: Consultant For example, if company B plans to run a two-page insert to office-based internists RR Donnelley only, the match would be 61,598, or 25% of the entire circulation. However, this 100 Banta Road percentage falls below the 50% minimum for two-page inserts, so the rate would be Long Prairie, MN 56347 calculated using the 50% minimum. Attention: Bob Toews (c) Mechanical charges: Inserts only. A $750 flat Phone: 320-732-7966 noncommissionable/nondiscountable mechanical charge will be added to 16. Demographic/Split Runs: The Consultant FULL-RUN circulation totals the space charge, regardless of the insert size or size of the match. 250,307 health care practitioners. This includes primary care physicians, nurse (d) Frequency credit: Earned frequency credits are calculated based practitioners, and physician assistants. Consultant offers two demographic buys on the full unit size. Using the example of a four-page insert, the earned as alternatives to the FULL-RUN circulation. credit would be 4 pages. DEMO 1 includes all office-based primary care physicians, requesting (e) Quantity of demographic/split-run inserts required: cardiologists, requesting hospital staff physicians, and primary care residents. List match/split run of 50,000 or less: actual number plus 10%; more than Total circulation is 176,083. 50,000: actual number plus 8%. DEMO 2 includes all nurse practitioners and physician assistants that practice in a primary care setting. Total circulation is 74,224. Consultant also accepts demographic/split-run buys submitted by individual companies/products. Demographic/split-run calculations are always based on the FULL-RUN pricing structure. FULL-RUN pricing structure is always used to determine cost regardless of circulation size or specialty within the split. Minimum demographic/split-run charges may apply. See below for minimum levels. (a) Space charge: Calculated as a percent of the advertiser’s earned page rate proportional to the circulation match. For example, company A is earning the 48x rate and plans to run a four-page insert to Consultant’s office-based FP/IM/DO audience. Under this scenario, the match equals 133,368, which is 53% of the entire circulation. The FULL-RUN page rate of $12,840 is then multiplied by 4 (unit size) and again by 53% (match) to yield the space charge of $27,220.80 In addition to the space charge, a noncommissionable/nondiscountable mechanical charge of $750 is added. Formula (using example cited above) (48x FULL-RUN earned rate) $12,840.00 x 4 (unit size) = 51,360.00 x 53% (match) Space charge* = 27,220.80 – (15% agency commission) – 4,083.12 Net space charge = 23,137.68 + Mechanical charge (see below) + 750.00 (noncommissionable) Total charge $23,887.68 *Color charges, if applicable, would be added at this point, based on full-run color rates (see “Charge per color per page or fraction” for sections 4 and 5). 4 COVER TIPS 17. Sizes and Specifications: For client supplied, or printed by HMP (f) Shipping Instructions: Client supplied printed Cover Tips should Communications, 2-page or 4-page Cover Tip without attachments (prescribing be shipped to the following address: information). Consultant (a) Size: 7" X 5" (trim size) can be positioned vertical or horizontal. Glued RR Donnelley and tipped to the cover parallel to the foot. All copy should be at least 100 Banta Road 1/2" from trim (see the diagram below). Long Prairie, MN 56347 (b) Cover Basis Weight: 80lbs Attention: Bob Toews (c) Pages: 2-page or 4-page, can be double sided. Phone: 320-732-7966 (d) Quantity: Full run - 280,000, PCP demo - 194,000, (g) Supplied Artwork: All artwork for printing of Cover Tips by HMP NP/PA demo - 91,000. For all other quantities, please contact Publisher. Communications should be in the form of a PDF/x-1a file uploaded to www.hmpcommunications.com/ads. (e) Materials Due: 15th of the month prior to the issue date. ISSUANCE AND CLOSING 18. First Issue: 1960. (c) Cancellations and changes: Cancellations or changes in advertising 19. Frequency: 12 times a year. by the advertiser or its agency may not be made after the closing date for the publication or product unless otherwise agreed between the parties in writing. 20. Closing Dates: HMP Communications is under no obligation to revise advertising materials not (a) Space commitment: 1st of the month prior to the issue. received by the HMP Communications production department by the closing Send insertion orders to Jill Bresnick: fax (888) 686-0391; phone date and such advertisements may not be subject to approval by the advertiser (610) 560-4144. or its agency. (b) Materials due: 15th of the month prior to the issue. 21. Mailing Class: Periodicals class. HMP Communications is not liable for any delays in the production or delivery of the publication or product due to any conditions beyond HMP Communications control. 5 EDITORIAL 22. Index Issue: December. 24. Peer Review: All manuscripts are reviewed by members of Consultant’s 23. General Editorial Direction: Consultant offers primary care Editorial Board and by other specialists and primary care physicians. When an practitioners authoritative, practical help in solving real-life clinical problems article is accepted for publication, it is then edited and revised as appropriate seen in daily office practice. Consultant presents peer-reviewed articles on pre- before publication. tested topics that address the “how to” of diagnosis and therapy with succinct text and carefully chosen illustrations. Monthly interactive service features emphasize self-quizzes with top-quality color photographs to help clinicians hone their clinical skills. Features include consultations with experts, Primary Care Updates, photo essays and quizzes, Dermclinic, “What’s Your Diagnosis?®,” Photoclinic, “What’s the ‘Take Home’?,” Cases in Point, Pitfalls in Prescribing, Practical Pointers, and Photo Finish. C I R C U L AT I O N 25. Description of Circulation Parameters: Consultant circulates NP and PA Circulation Breakout by Specialty: to the universe of ofﬁce-based physicians in the following categories: General Specialty NP PA Total Practice, Family Practice, Internal Medicine, and Osteopathy. Also included in the circulation are all residents in those specialties, and hospital staff Primary Care 1,849 1,547 3,396 physicians and medical school teachers in those specialties (request only). Adult Medicine 5,308 483 5,791 Universe coverage of ofﬁce- and hospital-based primary care Physician Assistants and Nurse Practitioners or those prescribing primary care products. Emergency Medicine 388 921 1,309 In addition, requesting Cardiologists (ofﬁce-based, hospital staff, and medical Family Medicine 35,579 7,455 43,034 school teachers) receive the publication. 26. Circulation Veriﬁcation: Internal Medicine 969 2,646 3,615 (a) Audit: BPA. Ob/Gyn 2,267 297 2,564 (b) Mailing houses: Direct Medical Data, LLC. Women’s Health 5,650 274 5,924 27. Coverage: SUB-TOTAL 52,010 13,623 65,633 2012 Circulation Breakout by Specialty: Other requesters* 4,497 4,094 8,591 Other TOTAL (NP + PA) 56,507 17,717 74,224 (Hospital Staff + (DEMO 2) Specialty Office Residents Medical Teacher) Total *100% request. Publisher’s projected 2012 circulation based on current (08/17/11) Direct Medical Data Inc, physician General Practice 5,096 3 195 5,294 counts and current (08/17/11) SDI nurse practitioner and assistant counts. Total qualified BPA July 2011 circulation is 249,639. Family Practice 52,083 7,334 2,563 61,980 Internal Medicine 61,598 11,767 3,294 76,659 28. Bonus Distribution*: Osteopathy 19,687 1,660 1,278 22,625 Meeting Issue Cardiology 3,102 101 163 3,366 American College of Physicians (ACP) April American Academy of Physician Assistants (AAPA) May Other requesters 6,159 American Academy of Nurse Practitioners (AANP) June SUBTOTAL PCP 141,566 20,865 7,493 176,083 (DEMO 1) American Academy of Family Physicians (AAFP) October Nurse Practitioners 56,507 *Subject to change, contact Publisher for confirmation. Physician Assistants 17,717 TOTAL (NP + PA) 74,224 TOTAL - FULL RUN 250,307 G E N E R A L I N F O R M AT I O N 29. Requirements for Advertising Acceptance: All orders are sub- 32. Ad Format and Placement Policy ject to acceptance by HMP Communications. Professional and nonprofessional (a) Format: Editorial material is placed next to advertising whenever and products or services are accepted provided they are in harmony with the policy wherever possible. of service to the medical profession under which the magazine is published, and they are subject to Publisher’s approval. Copy for nonprofessional products (b) Placement: Advertising units are rotated throughout the magazine. and service ads should be submitted 2 weeks prior to closing date.. Positioning of advertisements is at the sole discretion of HMP Communications except where a specific position has been agreed to by HMP Communications 30. New Product Releases: No. in writing. HMP Communications assumes no liability for any errors or 31. Editorial Research: Editorial surveys are conducted on a regular basis omissions in key numbers appearing in advertisements. to determine physician reading habits and to learn which clinical topics would 33. Ad:Edit Ratio (estimated): 55:45. be of greatest interest to readers in future issues. 6 G E N E R A L I N F O R M AT I O N c o n t i n u e d 34. Services 35. Association Memberships: Consultant is a member of Business (a) Mailing list: Contact Publisher. Publications Audit (BPA). (b) Editorial reprints: Available. 36. Educational Activities Opt Out: We value our relationship with our Contact email@example.com for pricing information. readers. Recipients of Consultant occasionally receive additional educational activities as supplements or in other formats. All recipients of Consultant can (c) Advertiser index: Back of publication. opt out of receiving the journal and the accompanying educational activities at (d) Sponsorship opportunities: For details on opportunities for any time by contacting the Circulation Department. sponsoring supplements, clinical reprint series, “best of” collections, newsletters, CD-ROMs, DVDs, or custom publications, contact Jill Bresnick at (610) 560-4144. MECHANICAL REQUIREMENTS 37. Ad Sizes and Bleed Sizes 38. Type of Binding: Perfect bound; jogged to head. (a) Hold live matter: 7” x 10” centered, ⁄4” from the gutter trim for 1 39. Reproduction Requirements: Consultant is printed heatset web spreading pages. offset. Follow Speciﬁcations for Web Offset Publications (SWOP) booklet, revised (b) Trim size of journal: 73⁄4” x 103⁄4”. 2001. 40. Disposition of Material: Files will be held 1 year from date of last Non-Bleed Bleed insertion and then destroyed unless HMP Communications is speciﬁcally Width x Depth Width x Depth instructed to do otherwise. 1 Page 7 x 10 8 x 11 41. Digital Ad Uploading Instructions: Upload digital files to the 2/3 Page 4 ⁄4 x 10 1 5 x 11 HMP Communications ad portal: www.hmpcommunications.com/ads. The file format must be PDF/x-1a. 1/2 Page (vertical) 31⁄8 x 10 4 x 11 IMPORTANT: You must press the submit button in order for your ad to be 1/2 Page (horizontal) 7 x 4 ⁄4 3 8 x 53⁄8 received. 1/3 Page 2 x 10 29⁄16 x 11 Once the ad has been submitted, an email confirmation will be sent to you and (c) It is important to prepare ads with common offsets on all four sides the appropriate Production Manager. (e.g., 1” from bleed all around). 42. Proofs: Proofs aren’t mandatory but if you submit them please send to: (d) Spreading pages must be supplied as single pages. Mary Hlavac, HMP Communications, LLC, 40 Richards Avenue, 5th Floor, Norwalk, CT, 06854. ADDITIONAL TERMS AND CONDITIONS 1. Positioning of advertisements is at the sole discretion of HMP Communications, except where a specific position has been agreed to by HMP Communications in writing. 2. HMP Communications assumes no liability for any errors or omissions in key numbers or facts appearing in advertisements. The advertiser is responsible for the content of the advertisement. 3. HMP COMMUNICATIONS MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ITS SERVICES TO BE DELIVERED HEREUNDER AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SERVICES ARE PROVIDED ON AN AS IS BASIS WITHOUT GUARANTEE. 4. HMP Communications is not liable for any delays in the production or delivery of the publication or product due to any conditions beyond HMP Communications control. 5. The advertiser hereby represents and warrants to HMP Communications that the advertiser has the right to publish the advertising materials or other information provided hereunder (“Ad Materials”) in the form delivered and manner published without infringing or violating the rights of any third party or violation of any law, rule or regulation. The advertiser agrees, at its own expense, to indemnify, defend and hold harmless HMP Communications, its employees, officers, directors, representatives, agents and affiliates, against any and all claims, demands, suits, actions, proceedings, damages, liabilities, costs, expenses and losses of any kind (including attorneys’ fees and costs) arising out of or related to (a) the printing, publication or distribution of any Ad Materials hereunder, (b) the Ad Materials or any matter or thing contained in any Ad Materials and/or (c) third parties’ access to advertiser’s website and/or use of advertiser’s products and services (including but not limited to, claims of trademark or copyright infringement, libel, defamation, breach of confidentiality, privacy or data protection violation, false, deceptive or misleading advertising or sales practices). 6. HMP COMMUNICATIONS SHALL NOT BE LIABLE TO ADVERTISER, ITS AGENCY OR ANY THIRD PARTY UNDER OR IN RELATION TO THESE TERMS OR ANY INSERTION ORDER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT HMP COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HMP COMMUNICATIONS LIABILITY UNDER OR IN RELATION TO THESE TERMS OR ANY INSERTION ORDER EXCEED THE FEES ACTUALLY PAID TO HMP COMMUNICATIONS FOR THE AD MATERIALS GIVING RISE TO SUCH LIABILITY. 7. HMP Communications reserves the right to hold the advertiser and its agency jointly and severally liable for all monies that are due and payable to HMP Communications. 8. Advertising in HMP Communications online products and services is subject to the terms of the applicable online insertion order. 9. All payments are due within thirty (30) days of the invoice date. Advertiser shall pay a late charge of 1% per month (12% per year) on all invoices not paid within thirty (30) days of the date of such invoices. In case advertiser is in default with payment of one or more invoices, HMP Communications is entitled to hold back the publication of further orders until all amounts due are paid. If Advertiser fails to make timely payment, Advertiser will be responsible for all reasonable expenses (including attorneys’ fees) incurred by HMP Communications in collecting such amounts. HMP Communications reserves the right to suspend credit and/or performance of its obligations if Advertiser fails to make timely payment. Fees are exclusive of all. Advertiser shall be responsible for payment of all taxes, duties and similar charges assessed in connection with the Services or on any payments made by Advertiser hereunder, excluding taxes on HMP Communications net income. HMP Communications, LLC • 83 General Warren Boulevard, Suite 100, Malvern, PA 19355 • Tel: (800) 237-7285 • Fax: (888) 686-0391 www.hmpcommunications.com • www.Consultant360.com 7
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