General Rate Terms

General Rate Cards — Effective April 1, 2010

The Rates are provided for advertisers' convenience only, and The Oregonian is not responsible or liable for any errors. All rates must be confirmed by The Oregonian.

General Rate Terms

The following sets forth the terms and conditions under which advertisements may be published in the The Oregonian ("Publisher") by advertisers ("Advertiser") and/or, if applicable, an advertising agency ("Agency"):

1. Mail order, financial, media, insurance, telecommunications, transportation and various other categories: General Rates apply.
2. Publisher reserves the right to revise advertising rates upon 30 days notice.
3. No contract will be back dated beyond the first of the current month.
4. Payment for advertising shall be due and payable on presentation of bill; or full payment will be made in advance of publication if and as publisher demands. Billing will be net and not subject to a discount.
5. Advertiser and Agency shall be jointly and severally liable for the payment of all bills and charges incurred. Advertiser authorizes Publisher, at its election, to tender any bill to Agency, and such tender shall constitute notice to Advertiser of the bill and such manner of billing shall in no way impair the joint and several liability of Advertiser and Agency. Payment by Advertiser to Agency shall not discharge Advertiser's liability to Publisher. The rights of Publisher shall in no way be affected by any dispute or claim as between Advertiser and Agency.
6. Advertiser and Agency represent and warrant that they are authorized to publish the entire contents and subject matter of the advertisements, and that publication by Publisher will not violate the personal or proprietary rights of any third party or any law or governmental regulation. Advertiser and Agency will indemnify and hold Publisher, its employees and representatives harmless from and against any loss, expense, or liability (including attorney's fees) arising out of the publication or distribution of such advertising, without limitation.
7. If Advertiser utilizes an Agency, Advertiser confirms that it has appointed Agency to be its authorized representative with the understanding that, in accordance with trade usage, Agency may be paid a commission. Advertiser shall have the right to revoke its agent at any time effective upon receipt by Publisher of notice in writing.
8. Publisher reserves the right, at its absolute discretion and at any time, to reject any advertising copy, whether or not the same has already been acknowledged and/or previously published. Advertisements that simulate editorial content must be clearly labeled "ADVERTISEMENT" in at least 12-point type and Publisher may, in its sole discretion, so label such copy. A border must be positioned around the ad. Headlines and body copy must be in sans serif type.
9. In the event a)Advertiser uses or pays for less advertising than that agreed upon or the Advertiser or Agency otherwise breaches the terms of this rate card, or b)if at any time Publisher in its reasonable judgment determines that Advertiser is not likely to have published the total amount of advertising specified herein during the term of the agreement, any rate discount will be retroactively nullified and Advertiser and Agency will be charged the difference between the rates charged and the rates applicable for the volume of space actually used and paid for, in accordance with Publisher's applicable rate schedules ("short-rate"). In such event, Advertiser and Agency must reimburse Publisher for the short-rate within ten days of Publisher's invoice therefor and Advertiser will thereafter pay for advertising at the open rate or at the newly-determined rate(s) (as applicable). In the event Advertiser runs more advertising than contracted for, Advertiser will be eligible for a year-end rebate based on the difference between the actual rate earned and the rate contracted for. In order to receive the rebate, Advertiser's bill must be current as of the expiration of the contract year.
10. Publisher, at its option, may terminate its relationship with Advertiser and/or Agency for the breach of any of the terms hereof, it being specifically understood without limitation that failure on the part of either Advertiser or Agency to pay each bill on or before its due date shall constitute a breach. Should Publisher terminate its relationship with Advertiser and/or Agency, all charges incurred together with short-rate charges shall be immediately due and payable.
11. Any bill tendered by Publisher shall be conclusive as to the correctness of the item or items therein set forth and shall constitute an account stated unless written objection is made thereto within ten days from the rendering thereof.
12. Advertiser or Agency may not use any space for the advertisement either directly or indirectly of any business organization, enterprise, product, or service other than that for which the advertising space is provided by Publisher, nor may Advertiser or Agency authorize any others to use any advertising space.
13. Orders containing terms, rates or conditions or specifying position may be accepted but such terms, rates, conditions or specifications are not binding unless Publisher has specifically agreed to them in writing.
14. 15% commission to agencies; failure to receive proof of insertion not considered sufficient reason to delay payment.
15. In the case of default, advertiser agrees to pay in addition licensed collection agency fees and attorney fees, including those related to any appeal, in reasonable amounts, incurred for collection. Publisher does not guarantee any given level of circulation or readership.
16. Publisher's liability for failure to publish an advertisement shall not exceed a refund of or credit for Publisher's charge for such advertisement. Publisher's liability for errors by Publisher in published advertisements shall be to provide Advertiser a credit for the actual space of the error if the error is brought to Publisher's attention no later than 5 working days after the advertisement first appears, unless a proof of the advertisement was provided to or reviewed by the Advertiser or Agency, in which event Publisher shall have no liability. In no event shall publisher be liable to advertiser, agency or any other parties for any further damages of any kind arising from advertiser's placement of advertising, including but not limited to direct, indirect, special or consequential damages or lost profits.
17. Advertising placed by Advertiser may include online advertising to appear on Publisher's affiliated Web site. The terms and conditions of the Web site's rate card apply to such online advertising.
18. Advertiser and Agency recognize that the copyright in any advertisements created by Publisher is owned by Publisher. As to all other advertisements, Advertiser and Agency agree that Publisher has the non-exclusive right, for the full term of copyright, by itself or through third parties, to republish and re-use any advertisements submitted in any form in which the advertisements may be published or used (in any media now in existence or hereafter developed) in whole or in any part, whether or not combined with material of others.
19. Publisher is not responsible for any inadvertent or legally compelled disclosure of advertising information.
20. All issues relating to advertising will be governed by the laws of the State of Oregon. Any action based on or alleging a breach of this rate card must be commenced in a state or federal court in the State of Oregon.
21. The foregoing terms (and the terms of the advertising agreement between Publisher and Advertiser and/or Agency, if any) shall govern the relationship between Publisher and Advertiser and Agency. Publisher has not made any representations to Advertiser or Agency that are not contained therein. Unless expressly agreed to in writing signed by Publisher, no other terms and conditions in insertion orders, copy instruction, letters, or otherwise will be binding on Publisher.
22. Proofs will be delivered or e-mailed to one address only.
23. Double-trucks accepted in widths of 11, 12, or 13 columns. Tabloid page advertisements in news-advertising sections measure 5 columns x 11.25". Ads exceeding 10" in depth charged at 11.25".
24. Contracts start on the first day of contract month and end last day of twelfth month.
25. Advertiser assumes full liability for advertising and agrees to indemnify and hold harmless the publisher from all claims, suits and related costs arising by reason of any advertisement.
26. Position requests will be honored to the best of publisher's ability, but no make goods, reruns or credits will be considered if advertisement is not placed in accordance with request.