Rates and
Products
Advertising options, section descriptions,
display/classifed rates and terms for 2014

Display advertis...
Display advertising rates
Ad size

$125k

60x ads
or $100k

52x ads
or $75k

39x ads
or $50k

26X ads
or $40k

13X ads
or ...
Classified advertising rates

Inserts

Marketplace

Free-standing inserts
52x rate

13X rate

Open rate

$250

Price per U...
Digital advertising rates
Run of site (mspbj.com) and mobile
>$125k

>$100k

>$80k

>$60k

>$40k

>$20k

>$10k

open

Spon...
Digital advertising rates, continued

Afternoon Edition
>$125k

>$100k

>$80k

>$60k

>$40k

>$20k

>$10k

open

728 x 90
...
Book of Lists™
Advertising
The Minneapolis/St. Paul Business Journal Book of Lists is the most referenced business guide
i...
Custom Advertorial Package
A custom advertorial package allows you to put your message in front of key business readers
an...
Consult the Experts Advertiorial Package
The Minneapolis/St. Paul Business Journal is excited to offer a unique marketing ...
Custom Seminar Package
Partner with the Minneapolis/St. Paul Business Journal for an exclusive seminar!
The advertising an...
Minneapolis/St. Paul Business Journal
Afternoon Edition
The Minneapolis/St. Paul Business Journal Afternoon Edition delive...
Minneapolis/St. Paul Business Journal
Morning Edition
The Minneapolis/St. Paul Business Journal Morning Edition email is a...
Deadlines and cancellations
Weekly newspaper

Free-standing inserts

Minneapolis/St. Paul Business Journal publishes weekl...
Advertiser agrees to comply with Publisher’s policies intended to comply with the CAN-SPAM Act.

Terms and conditions
A. P...
For purposes of clarification, Advertisers that request a special billing schedule or an upfront bill will not receive ref...
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2014 Minneapolis/St. Paul Business Journal Print and Digital Rates

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Minneapolis/St. Paul Business Journal Print and Digital Rates for 2014

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2014 Minneapolis/St. Paul Business Journal Print and Digital Rates

  1. 1. Rates and Products Advertising options, section descriptions, display/classifed rates and terms for 2014 Display advertising rates.................... 2 Classified advertising rates................ 3 Inserts................................................ 3 Digital advertising rates..................4-5 Book of Lists....................................... 6 Advertorials..................................... 7-8 Custom seminars................................ 9 Afternoon Edition............................. 10 Morning Edition................................. 11 Deadlines & cancellations.................12 Terms & conditions....................... 13-14 Questions? Contact krobideau@bizjournals.com
  2. 2. Display advertising rates Ad size $125k 60x ads or $100k 52x ads or $75k 39x ads or $50k 26X ads or $40k 13X ads or $20k 7X ads or $10k Open rate Full page Spread $4,230 $5,395 $6,265 $7,720 $8,445 $10,480 $12,080 $15,130 Island Spread 3,225 4,065 4,695 5,745 6,265 7,735 8,895 11,095 1/2 page Spread 2,810 3,510 4,045 4,925 5,370 6,605 7,570 9,430 Full page 2,475 3,080 3,525 4,270 4,655 5,705 6,530 8,105 Island 2,090 2,565 2,925 3,515 3,820 4,650 5,305 6,555 1/2 page 1,790 2,170 2,455 2,930 3,170 3,835 4,360 5,360 3/8 page 1,525 1,820 2,045 2,410 2,595 3,115 3,520 4,300 1/4 page 1,355 1,590 1,775 2,075 2,220 2,645 2,975 3,610 1/8 page or List strip 1,040 1,175 1,285 1,455 1,545 1,795 1,980 2,355 Slient Ad* N/A N/A 500 N/A 750 N/A N/A N/A U-Shape 2,345 2,905 3,320 4,020 4,370 5,345 6,115 7,580 Belt 2,000 2,450 2,785 3,345 3,625 4,405 5,020 6,200 Towers 1,485 1,765 1,980 2,335 2,510 3,005 3,395 4,140 L or Reverse L 1,475 1,750 1,960 2,310 2,485 2,975 3,355 4,090 Triangle or Pyramid 1,340 1,570 1,750 2,045 2,195 2,605 2,930 3,550 Microbar 375 495 585 735 810 1,020 1,185 1,500 Full front page strip N/A N/A 1,500 N/A 1,800 2,000 N/A N/A Half front page strip N/A N/A 1,100 N/A 1,300 1,500 N/A N/A *must be purchased in conjuction with a 13x or more display ad contract VERSION 3 PAGE 2 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS All ad rates include color. Additional charges Guaranteed Position Fee: 20% (Requires purchase of 1/4 page ad or larger to guarantee position) Frequency discounts Frequency discounts are determined by combining the total number of insertions in Minneapolis/St. Paul Business Journal, the Book of Lists, any other special publication or digital within the contract period. Contract begins with date of first insertion and must be fulfilled within a 12-month period. Pre-printed inserts may also be included as part of your frequency contract. Volume discounts Based on total spend across all platforms within a 12-month period. Credit, payment and commissions All first-time advertisers must pre-pay and payment must accompany all copy until credit has been established with the Credit Department. Payment by check, Visa, MasterCard or American Express. All advertisers must submit a Credit Application. Terms of credit extension to advertisers is Net 30 Days. No cash discounts. Any discrepancies in advertising invoices must be questioned within 10 days of publication. All rates are net and non-commissionable. All advertising transactions with the Minneapolis/ St. Paul Business Journal are subject to the publication’s advertising terms and conditions, a copy of which is available on our Web site and, if applicable, in our advertising agreement. Non-profit rate 501(c)3 certified charitable, no fee for service organizations are entitled to the non-profit rate, which is the 26x frequency rate.
  3. 3. Classified advertising rates Inserts Marketplace Free-standing inserts 52x rate 13X rate Open rate $250 Price per Unit 26X rate $305 $355 Minneapolis/St. Paul Business Journal accepts preprinted inserts for inclusion in weekly paper. $475 All insert rates are net and non-commissionable. Inserts may be combined with print ads and online to qualify for frequency discounts. 26X or $40k Two Units - Horizontal 6.88 x 3.0625 $2,900 $3,200 Insert requirements (limited to three per issue) All insert rates are net and non-commissionable. Inserts must be submitted for approval 21 days prior to publication. Any inserts resembling editorial matter must have “Paid Advertising Supplement to the Business Journal” in 12-point type at the bottom of front page. All prices are for inserts weighing one ounce or less; each additional one-half ounce is $15 per thousand additional. Inserts are available on a first-come, first-served basis. Postal regulations govern insert requirements; publisher’s approval must be obtained before scheduling and printing insert pieces. A full run is required. Call your account executive for details. One Unit 3.375 x 3.0625 Three Units Vertical 3.375 x 9.53 Open rate $2,600 Two Units Vertical 3.375 x 6.3125 13X or $20k Four Units Vertical 3.375 x 12.78 Inserts 7” x 10” maximum, 3” x 5” minimum (12,500 pieces required) Three Units - Horizontal 10.3885 x 3.0625 Legal Notices Place your legal notice directly into the hands of decision makers in the area’s top businesses, by running your notice in the Minneapolis/St. Paul Business Journal. Standard legal notice size: 1.5” x 3”(approximately 32 lines of text). $65 per standard box ad per issue, $1.75 per additional line over standard box rate. Payment terms Pre-payment in full is required for each ad. Accounts may require a major credit card upon ad placement. VERSION 3 PAGE 3 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS Four Units - Square 6.88 x 6.3125 Insert deadlines and delivery Reservations must be made by Friday, 21 days prior to publication. Inserts must be delivered to printer on Friday, seven days prior to date of publication. Delivery charges associated with inserts are the responsibility of the advertiser. Remaining inserts will be recycled unless we are advised otherwise. Delivery address for weekly ECM Publishing, 1201 - 15th Avenue South Princeton, Minnesota 55371 Label package with client name, insert date, Business Journal
  4. 4. Digital advertising rates Run of site (mspbj.com) and mobile >$125k >$100k >$80k >$60k >$40k >$20k >$10k open Sponsorship ad postions 400,000 impressions $5,760 $5,878 $5,998 $6,202 $6,438 $7,228 $8,064 $8,957 100,000 impressions each of upper and lower 300 x 250 and top and bottom 728 x 90 330,000 impressions 4,937 5,038 5,141 5,324 5,521 6,188 7,227 8,014 82,500 impressions each of upper and lower 300 x 250 and top and bottom 728 x 90 200,000 impressions 3,292 3,359 3,427 3,550 3,677 4,129 4,610 5,342 50,000 impressions each of upper and lower 300 x 250 and top and bottom 728 x 90 130,000 impressions 2,469 2,519 2,570 2,662 2,760 3,099 3,455 4,007 32,500 impressions each of upper and lower 300 x 250 and top and bottom 728 x 90 80,000 impressions * 1,645 1,679 1,714 1,775 1,844 2,059 2,310 2,671 20,000 impressions each of upper and lower 300 x 250 and top and bottom 728 x 90 Business Pulse ** 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Logo plus ROS campaign units Special Section ** 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 728x90, 300x250, 120x60 Logo People on the Move ** 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Logo plus ROS campaign units Homepage Takeover ** 3,600 3,600 3,600 3,600 3,600 3,600 3,600 3,600 The skin (1600x660), the pushdown (970x418 and 970x66) and the upper island (300x250) in addtion to ROS campaign units Homepage Pushdown ** 2,800 2,800 2,800 2,800 2,800 2,800 2,800 2,800 (970x418) Expanded, (970x66) reminder in addition to ROS campaign units Bottom Line 1,610 1,610 1,610 1,610 1,610 1,610 1,610 1,610 Bottom Line is a (1034x90), leave behind (1034x30), Slider is a (950x90). Full Page (950x460) appears when the user initiates the “slide” feature Mobile 1,920 1,960 2,000 2,060 2,140 2,340 2,510 2,660 320x50, Optional banner to support Retina display devices - 640x100 * All impressions run within a two week period. **Must be purchased with a $130k or more impression package. Rates are based on either frequency (combined print and online), or total dollar investment. VERSION 3 PAGE 4 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  5. 5. Digital advertising rates, continued Afternoon Edition >$125k >$100k >$80k >$60k >$40k >$20k >$10k open 728 x 90 $1,908 $2,068 $2,227 $2,386 $2,704 $3,181 $3,578 $3,976 Upper 200 x 200 1,431 1,511 1,670 1,829 1,908 2,227 2,386 2,783 Lower 200 x 200 668 712 891 954 1,018 1,272 1,431 1,590 Upper logo & text 716 795 875 954 1,018 1,272 1,431 1,590 Middle logo & text 501 568 668 716 811 954 1,074 1,193 >$125k >$100k >$80k >$60k >$40k >$20k >$10k open Middle 468 x 60 $743 $867 $990 $1,176 $1,424 $1,671 $1,919 $2,167 Bottom 468 x 60 248 371 495 619 743 867 990 1,114 Monthy Top Sponsorship $5,000 Monthy Middle Sponsorship $3,750 Monthy Bottom Sponsorship $2,500 Morning Edition VERSION 1 PAGE 5 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  6. 6. Book of Lists™ Advertising The Minneapolis/St. Paul Business Journal Book of Lists is the most referenced business guide in the market. It features all of Minneapolis/St Paul Business Journal’s Top 25 Lists and ranks the biggest most successful companies by various industries. CEOs use the Book of Lists to benchmark performance among industry leaders and consider it a valuable business resource. Place your advertising message next to your industry list to distinguish yourself as a leader in your category or strategically place your ad across from the list of your potential customers. Given one advertising choice, the Book of Lists™ provides the best value with yearlong exposure. Ad size Contract rate Open rate Two page spread $7,465 $15,060 Chapter sponsor 7,255 9,825 Full page 6,235 8,805 1/2 page 4,250 5,915 List strip* 2,970 4,050 All rates are color. Contract rate for advertisers on a current active contract. Book of Lists ads are noncancellable. All rates are net and non-commissionable. *Limited quantity available - placed below lists Sponsorship Opportunities Positioned Opportunities 2015 Book of Lists Ad Sizes Platinum sponsorship: $15,000 Inside front and inside back cover: $10,615 Full page, no bleed: 9.875”w x 12.25”h Gatefold (front or back cover or inside option available), logo on cover Back cover: $11,505 - Rates include color Full page ads with bleed: Trim size is 10.875 x 13.5 (Add .125 inch Gold sponsorship: $12,000 20% positioning fee for publishers letter, title page, contents-alpha- bleed on all sides. Place marks OUTSIDE the bleed, offset .1875) Die-cut chapter tab, logo on tab and cover betical, contents by industry and first nine pages Silver sponsorship: $10,000 Top 25 List incentive program: To maximize your Book of Lists invest- 4-page inside gatefold, logo on cover ment advertisers are able to place additional ads across from or under Chapter sponsorship: $9,825 Ask your account executive for complete details VERSION 3 PAGE 6 OF 16 Top 25 lists in the weekly edition of the Business Journal. Ads must be full page, island or half page ads to run across from lists, and List strip* to run under lists. MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS Half page: Vertical: 4.875”w x 12.25”h or Horizontal: 9.75”w x 6 1/16”h 2-page spread: 20.5”w x 12.25”h Deadlines Publication date: December 26, 2014 Space deadline: November 3, 2014 Materials deadline November 10, 2014
  7. 7. Custom Advertorial Package A custom advertorial package allows you to put your message in front of key business readers and decision makers, and offer you a unique opportunity to tell your story – your way – in the pages of the Minneapolis/St. Paul Business Journal, through a paid advertising section. Printed on the same paper as the Business Journal as part of the weekly edition, it allows you to put your message in front of key business readers and decision makers. Because this is a paid advertising project, you are the editor. You decide which stories are included, which photos to submit, how the headlines should read. You retain control of the editing process. (subject to publisher’s final approval). Number of pages Regular rate Non-profit/Association 4 pages $18,000 $10,000 8 pages 28,000 15,000 12 pages 35,000 19,000 16 pages 43,000 23,000 Page sizes and material specs: Full page: 10.375” x 13.58” 2-page spread: 21.75” x 13.58” Please ask your account executive for complete information and specifications. VERSION 2 PAGE 7 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  8. 8. Consult the Experts Advertiorial Package The Minneapolis/St. Paul Business Journal is excited to offer a unique marketing opportunity, Consult the Experts. You, along with up to three other professionals, offer expert advice every month on subjects related to your industry. With Consult the Experts, you get more than just exposure for your company’s name and logo, it’s also the perfect way to showcase your knowledge and expertise to prospective customers. Platinum Package: Total Investment $12,135 Includes one profile per month for 12 months consecutively, plus a profile in the Book of Lists Silver Package: Total Investment $8,540 Includes one profile per month for 6 months consecutively, plus a profile in the Book of Lists All packages are sold on a first-come, first served basis, are industry exclusive and noncancellable. Material specs for weekly: ‘Topic’: 80 characters ‘Advice’: 2,500 characters - includes spaces, and returns Material specs for Book of Lists: ‘Topic’: 60 characters ‘Advice’: 2,100 characters - includes spaces, and returns VERSION 2 PAGE 8 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  9. 9. Custom Seminar Package Partner with the Minneapolis/St. Paul Business Journal for an exclusive seminar! The advertising and promotion in the Business Journal will put you in touch with a vast audience of business executives unreachable any other way. With your expertise, and the partnership with the Business Journal, this event will bring your company notoriety and credibility. What You Bring: Speakers, Topic, Hand-out Materials SEMINAR Seminar Benefits F our, 1/2 page color ads to promote seminar in MSPBJ - Value: $21,440 Venue and menu will be arranged for you - Value: $5,000 Two email announcements sent to publisher’s email subscriber list - Value: $10,000 Registration and nametags are handled for you - Value: $1,000 The seminar will be posted on the Business Journal’s online event calendar - Value: $100 Total Value: $37,540 Seminar Investment (up to 75 guests) Total investment $20,000 Please ask your account executive for complete information and specifications. VERSION 3 PAGE 9 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  10. 10. Minneapolis/St. Paul Business Journal Afternoon Edition The Minneapolis/St. Paul Business Journal Afternoon Edition delivers top stories and news alerts to nearly 16,000 email in-boxes every day. Executives keep tabs on the pulse of the local business scene with a snapshot of each day’s news. 125k 100k 80k 60k 40k 20k 10k open 728 x 90 $1,908 $2,068 $2,227 $2,386 $2,704 $3,181 $3,578 $3,976 Upper 200 x 200 1,431 1,511 1,670 1,829 1,908 2,227 2,386 2,783 Lower 200 x 200 668 712 891 954 1,018 1,272 1,431 1,590 Upper logo text 716 795 875 954 1,018 1,272 1,431 1,590 Middle logo text 501 568 668 716 811 954 1,074 1,193 Notes: All rates are NET. Costs quoted are “per week” (six drops per week: Monday-Friday with a Saturday BONUS). Subscriber stats 62% an email influence purchase work at companies 68% 55% pass along update to other people decisions at their company with gross annual sales of 5M-25M+ Sign up for the free Afternoon Edition at mspbj.com/promo/twincities-ampm VERSION 3 PAGE 10 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  11. 11. Minneapolis/St. Paul Business Journal Morning Edition The Minneapolis/St. Paul Business Journal Morning Edition email is a morning round up of business news and reaches more than 13,000 email in-boxes every day. 125k 100k 80k 60k 40k 20k 10k open Middle 468x60 $743 $867 $990 $1176 $1424 $1671 $1919 $2167 Bottom 468x60 248 371 495 619 743 867 990 1114 Monthly top sponsorship $5,000 Monthly middle sponsorship $3,750 Monthly bottom sponsorship $2,500 Sign up for the free Morning Edition at mspbj.com/promo/twincities-ampm VERSION 3 PAGE 11 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS
  12. 12. Deadlines and cancellations Weekly newspaper Free-standing inserts Minneapolis/St. Paul Business Journal publishes weekly, 52 times a year, on Fridays. Premium positions are sold on a first-come basis. Please see the 2014 Production Calendar for other deadline exceptions. Inserts for the weekly newspaper Section/advertising type Deadline General display advertising insertion Wednesday, 9 days prior to publication Classified advertising insertion Wednesday, 9 days prior to publication Camera-ready artwork due Friday, one week prior to publication 21 days prior to publication. Delivery 7 days prior to publication Wednesday, 9 days prior to publication Workup information due Reservation Wednesday, 9 days prior to publication Cancellation Deadline Book of Lists The Book of Lists is published once a year. Positions are sold on a first-come basis. The following special sections and publications, 40 Under 40, Best in Real Estate, Women in Business, Eureka!, Diversity in Business, Best Places to Work, Titans of Technology, Fast 50 and CFO of the Year, are published periodically (see Production Calendar for holiday dates) and are inserted into, or run as a part of, the weekly Friday paper. Section/advertising type Wednesday, three plus weeks prior to publication Workup information due Friday, three weeks prior to publication Camera-ready artwork due Friday, two weeks prior to publication Cancellation Wednesday, three plus weeks prior to publication Monday, November 3 Camera-ready artwork due Monday, November 10 Cancellation Cannot be canceled Deadline General display advertising insertion Deadline General display advertising insertion Special sections and publications Section/advertising type VERSION 3 PAGE 12 OF 16 MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS Cancellation policy Cancellation of an ad or a change in its schedule must be received in writing on or before the deadlines listed above. Ads canceled after the deadline will be billed at 100%.
  13. 13. Advertiser agrees to comply with Publisher’s policies intended to comply with the CAN-SPAM Act. Terms and conditions A. PUBLISHER’S RIGHT TO REJECT, CANCEL OR TERMINATE ORDERS: Publisher reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertising copy, whether or not the same has already been acknowledged and/or previously published, displayed, performed or transmitted (collectively referred to herein as “Published” or “Publish”), including, but not limited to, for reasons relating to the content of the advertisement or any technology associated with the advertisement. In the event of such cancellation or rejection by Publisher, advertising already run shall be paid for at the rate that would apply if the entire order were Published and no short rate will apply. In addition, Publisher reserves the right to (i) remove from selected copies of its Business Journal and App advertisements containing matter that subscribers have deemed objectionable; and (ii) implement blocking technology (including geo-blocking technology) in connection with its Websites and Apps. Publisher, at its absolute discretion, may terminate its relationship with Advertiser and/or Agency for the breach of any of the terms hereof, including without limitation a breach based on the failure on the part of either Advertiser or Agency to pay each bill by its due date. Should Publisher terminate its relationship with Advertiser and/ or Agency, a short-rate may apply and all charges incurred together with short-rate charges shall be immediately due and payable. Furthermore, in the event Advertiser or Agency breaches, Publisher may, in addition to its other remedies, (a) cancel its recognition of Agency, thereby causing Agency to lose claim to any commission for any further advertising placed with Publisher on behalf of Advertiser or any other client, and/or (b) refuse to Publish any or all of Advertiser’s advertising. B. ADVERTISER’S FAILURE TO RUN ADVERTISING/SHORTRATE: All agreements for advertising frequency discounts require that the specified number of advertisements be Published within a specified period and be promptly paid for. In the event of Advertiser’s or its Agency’s cancellation of any portion of any advertising order/contract or failure to have Published and paid for the specified number of advertisements, or if at any time Publisher in its reasonable judgment determines that Advertiser is not likely to Publish and pay for the total amount of advertising specified during the term of the agreement, any rate discount will be retroactively nullified, including for previously Published advertisements, and may result in a short-rate. In such event, Advertiser and/or Agency must reimburse Publisher for the short-rate (which is the difference between the rate charged on the contracted frequency and the higher rate based on the reduced frequency of advertisements actually Published and paid for) within 30 days of invoice therefor and Advertiser will thereafter pay for advertising at the open rate or at the earned VERSION 3 PAGE 13 OF 16 rate(s) as applicable. Any merchandising program executed by Publisher in reliance on advertising that is cancelled will be paid for by Advertiser at the fair market rate for such program. Rebates (for any earned advertising frequency discount adjustments for advertising run in excess of specified schedule) will only be earned if all advertising is paid for by the due date. Rebates must be used by the Advertiser within six months after the end of the period in which they were earned. Unused rebates will expire six months after the end of the period in which they were earned. C. RESTRICTIONS ON ADVERTISER’S CANCELLATION OF ADVERTISING ORDERS: No changes in orders or cancellations are accepted unless received before the specified closing dates, which vary by product and are set forth in Publisher’s rate card and web site. No changes in orders or cancellations may be considered executed unless acknowledged in writing by Publisher. Orders not cancelled as of these closing dates will be billed, even though Advertiser fails to furnish copy, digital files or film. When change of copy or artwork is not received by the closing date, copy run in previous issues will be published. Should Publisher agree to cancel an existing work order, Advertiser will be responsible for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services, paper and/or printing. D. ADVERTISING POSITIONING AT PUBLISHER’S DISCRETION: Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and Published but such restrictions or specifications are at Publisher’s sole discretion. E. LABELING OF ADVERTISEMENTS: Advertisements that simulate editorial content must be clearly identified and labeled “ADVERTISEMENT” or “PROMOTION” or “SPECIAL ADVERTISING SECTION” at the top of the advertisement, and Publisher may, in its discretion, so label such copy. F. CAN-SPAM: Advertiser and Agency understand that advertisements and/or other commercial messages sent on its behalf by Publisher via electronic mail may be governed by federal, state and local laws, rules and regulations, including without limitation the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003 and any acts related thereto, and including the interpretations thereof by the FTC or other governmental authorities (collectively, the “CAN-SPAM Act”) and state “Do Not E-mail” registries. Advertiser agrees to comply with all such applicable laws, rules and regulations. Without limiting the generality of the foregoing, Advertiser shall fulfill all obligations of a “Sender” as specified in the CAN-SPAM Act, unless Publisher agrees in writing to be designated as the “Sender”. In either case, MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS G. INSERTS: An accurate copy of any furnished insert must be submitted to Publisher for review prior to the printing of the insert. Publisher’s review and/or approval of such copy does not release or relinquish Advertiser/Agency from its responsibilities hereunder. Publisher is not responsible for errors or omissions in, or the production quality of, furnished inserts. Advertiser and/or Agency shall be responsible for any additional charges incurred by Publisher arising out of Advertiser and/or Agency’s failure to deliver furnished inserts pursuant to Publisher’s specifications. In the event that Publisher is unable to Publish the furnished insert as a result of such failure to comply, Advertiser and/or Agency shall remain liable for the space cost of such insert. H. ERRORS IN OR OMISSIONS OF ADVERTISEMENTS: In the event of Publisher’s errors in or omissions of any advertisement(s), Publisher’s liability shall be limited to a credit of the amount paid attributable to the space of the error (in no event shall such credit exceed the total amount paid to Publisher for the advertisement), and Publisher shall have no liability unless the error/omission is brought to the Publisher’s attention no later than 60 days after the advertisement is first Published. However, if a copy of the advertisement was provided or reviewed by Advertiser, Publisher shall have no liability. In no event will Publisher have any liability for errors or omissions caused by force majeure or errors in key numbers, nor will Publisher have any liability for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information and the like. I. TRADEMARKS:The titles and logos of the Business Journals and other publications Published by American City Business Journals, as well as the Websites and Apps Published or used by American City Business Journals, are registered trademarks and/or trademarks protected under common laws. Neither the titles nor the logos may be used without the express written permission of American City Business Journals. J. WARRANTIES; INDEMNIFICATION: Advertiser and its Agency, if there be one, each represent and warrant that: (i) Advertiser’s websites, mobile sites, applications, and/ or similar services that are associated with advertising purchased under an IO shall contain all necessary consumer disclosures required by applicable federal, state and local laws, rules and regulations, including, but not limited to, an accurate privacy policy (and Advertiser shall not violate the terms of such disclosures); and (ii) any advertising or other material (including product samples) submitted by Advertiser or Agency complies with all applicable laws and regulations and does not violate the personal or proprietary rights of, and is not harmful to, any person, corporation or other entity. As part of the consideration to induce Publisher to Publish such advertisement, Advertiser and its Agency, if there be one, each agrees jointly and severally to defend, indemnify and hold harmless Publisher, and its employees and representatives, against any and all liability, loss, damage, and expense of any nature including, but not limited to, attorneys’ fees (collectively, “Losses”) arising out of any actual or potential claims for libel, invasion of privacy, harm, copyright, patent, or trademark infringement, and/or any other actual or potential claims or suits that may arise out of (a) the copying, printing, publishing, displaying, performing, distributing or transmitting of such advertisement; (b) any violation of the CAN-SPAM Act or other laws relating to Advertiser’s advertisements, including, but not limited to, commercial messages e-mailed on Advertiser’s behalf by Publisher; (c) the loss, theft, use, or misuse of any credit/debit card or other payment, financial, or personal information; (d) the products and/or services promoted, sold, presented and/or contained in Advertiser’s advertisements; and/or (e) a breach or alleged breach of its covenants, warranties and obligations under these advertising rate card contract terms and conditions. If the Publisher participated in the creation of an advertisement, the Publisher will indemnify Advertiser in connection with potential claims only to the extent it has agreed to do so in writing. K. RESPONSIBILITY FOR PAYMENT OF ADVERTISING BILLS: In the event an order is placed by an Agency on behalf of Advertiser, such Agency warrants and represents that it has full right and authority to place such order on behalf of Advertiser and that all legal obligations arising out of the placement of the advertisement will be binding on both Advertiser and Agency. Advertiser and its Agency, if there be one, each agrees to be jointly and severally liable for the payment of all bills and charges incurred for each advertisement placed on Advertiser’s behalf. Advertiser authorizes Publisher, at its election, to tender any bill to Agency, and such tender shall constitute due notice to Advertiser of the bill and such manner of billing shall in no way impair or limit the joint and several liability of Advertiser and Agency. Any bill tendered by Publisher shall constitute an account stated unless written objection thereto is received by Publisher within ten (10) days from the rendering thereof. 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 between Advertiser and Agency. Advertiser and Agency agree to reimburse Publisher for its costs and attorneys’ fees in collecting any unpaid advertising charges. Advertiser confirms that it has appointed Agency, if one is specified, to be its authorized representative with respect to all matters relating to advertising placed on Advertiser’s behalf with the understanding that Agency may be paid a commission. L. NO ASSIGNMENT OF ADVERTISING: Advertiser and its Agency may not use any advertising space either directly or indirectly for 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. M. REPUBLICATION OF ADVERTISEMENTS: Advertiser and Agency agree that any submitted advertisements Published, may, at Publisher’s option, be republished, re-performed, retransmitted or otherwise reused by Publisher or its agents in any form in whole or in part in all media now in existence or hereafter developed, whether or not combined with material of others. The copyright in any advertisement created by Publisher is owned by Publisher and may not be otherwise used by Advertiser or third parties without Publisher’s prior written consent. N. ADVERTISING RATES: Publisher’s Business Journal and App rates contained in advertising orders that vary from the rates listed herein shall not be binding on Publisher and the
  14. 14. For purposes of clarification, Advertisers that request a special billing schedule or an upfront bill will not receive refunds/ adjustments in the case of under-delivery of guaranteed impressions (if applicable). Terms and conditions continued advertisements ordered may be inserted and charged for at the actual schedule of rates. Publisher’s Business Journal and App rates and units of space are effective with the January 4, 2013 issue. Announcement of any changes in rates will be made thirty (30) days in advance of the closing date for the first issue affected by such new rates. Rates will be honored by Publisher until the current contract expires. Advertising rates are not contingent on Business Journal reaching any circulation or readership level that may be represented in Business Journal’s marketing materials. Publisher’s Website rates contained in advertising orders that vary from the rates established by Website for Advertiser shall not be binding on Website and the advertisements ordered may be inserted and charged for at the actual schedule of rates. Announcement of any changes in Website’s rates will be made thirty (30) days in advance of the first advertisements affected by such new rates. Advertisements Published thereafter will be at the Website’s rates then prevailing. O. SPECIAL PUBLICATIONS: Certain special publications (e.g., The Book of Lists) produced and published by Business Journal carry special rates, which are not subject to our general frequency discounts, and are non-cancellable once an agreement is signed. P. TERMS OF SALE: Payment is due thirty (30) days from the date of invoice. All advertising production fees (if any) shall be billed and are immediately due in full within the first month of the advertising campaign. Interest may, at Publisher’s discretion, be charged at a rate of 1.5% per month on past due balances. Publisher may at its option require cash in advance with order or change payment terms. Q. CHOICE OF LAW AND FORUM: All issues relating to advertising will be governed by the laws of the State of California applicable to contracts to be performed entirely therein. Any action brought by Advertiser against Publisher relating to advertising must be brought in the state or federal courts in San Francisco. The parties hereby consent to the exclusive jurisdiction of the state or federal courts in San Francisco in connection with actions relating to advertising, including, but not limited to, actions to collect amounts due for advertising. R. ENTIRE AGREEMENT: The foregoing terms and conditions (and the Additional Terms set forth below) shall govern the relationship between Publisher and Advertiser and/ or Agency. Publisher has not made any representations to Advertiser or Agency that are not contained herein. Unless expressly agreed to in writing and signed by an officer or VERSION 3 PAGE 14 OF 16 senior executive of Publisher, no other terms or conditions in contracts, orders, copy, or otherwise will be binding on Publisher. Failure by Publisher to enforce any of these provisions shall not be considered a waiver of such provision. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PUBLISHER’S WEBSITES AND APPS: For the purpose of clarification, the terms and conditions set forth in Sections A through R above apply to all advertisements Published in Publisher’s Business Journals, Websites and Apps. In addition, the following terms and conditions (“Additional Terms”) shall apply to all advertisements Published on Publisher’s Websites and Apps as provided below. To the extent the Additional Terms directly conflict with or are inconsistent with Sections A through R above, the Additional Terms shall govern with respect to Publisher’s Websites and Apps. S. IMPRESSION GUARANTEES AND CALCULATIONS: Publisher makes no guarantee or representation as to the quantity and/or quality of visits, impressions, circulation, or other usage of Publisher’s Websites or Apps or of the advertisement, or as to the use of any particular tracking or information-gathering devices, unless Publisher expressly agrees otherwise in writing. In addition, all impressions and/ or other measurements of advertisements for Publisher’s Websites and Apps shall be based solely on Publisher’s calculations for its Websites and Apps. Unless otherwise agreed to in writing by Publisher, Publisher will bill for the advertising on Publisher’s Websites based on such Websites’ own ad delivery numbers (“DFP numbers”); and, if applicable, Publisher has the right to bill for advertising in Publisher’s Apps based on its DFP numbers. In the event Publisher and Advertiser agree in writing that certain ads will be billed based on ad delivery numbers other than the applicable Website’s (and/or Apps’) own DFP numbers (i.e., third party numbers), Publisher will bill for such ads based on such third party numbers as long as the delivery discrepancy from third party numbers and DFP numbers is less than ten percent (10%). In the event that a difference of ten percent (10%) or more arises, both Publisher and Advertiser/Agency agree to use reasonable efforts to reconcile the difference and come to a mutually agreed upon solution. If an agreement cannot be reached or if Advertiser fails to provide its third party ad delivery numbers within ten (10) business days after the end of each month of its ad campaign, Publisher reserves the right to bill Agency/Advertiser at a delivery rate of ninety percent (90%) of DFP numbers. To the extent Publisher fails to provide Advertiser with the number of impressions guaranteed (if applicable) on its Websites or Apps, Publisher will provide as a sole remedy a make-good, by extending the order beyond the contracted advertising flight period until the remainder of the guaranteed impressions are delivered. MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL » 2014 RATES AND PRODUCTS T. ERRORS IN OR OMISSIONS OF ADVERTISEMENTS: In the event of Publisher’s errors in or omissions of any advertisement(s) on its Websites or Apps (including, but not limited to, errors or omissions involved in converting Advertiser’s ads into an App), Publisher’s sole liability shall be limited to a credit of the amount paid attributable to the space of the error (in no event shall such credit exceed the total amount paid to Publisher for the advertisement), and Publisher shall have no liability unless the error/omission is brought to the Publisher’s attention no later than 5 days after the advertisement is first Published. However, if a copy of the advertisement was provided or reviewed by Advertiser, Publisher shall have no liability. In the event of a suspension of Publisher’s Websites or Apps due to computer, software, or network malfunction, congestion, repair, strike, accidents, fire, flood or any other cause or contingencies or force majeure beyond the reasonable control of Publisher, it is agreed that such suspension shall not invalidate any advertising agreement but a) will give Publisher the option to cancel any advertising agreement, or if Publisher does not do so, b) upon resumption of Publisher’s Websites and/or Apps, the agreement shall be continued and Publisher will have no liability for any errors or omissions or any damages caused by such suspension. In no event will Publisher have any liability for errors in key numbers, nor will Publisher have any liability for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information and the like. U. RESTRICTIONS ON ADVERTISER’S ABILITY TO CANCEL ADVERTISING ORDERS: Orders for all advertising units on Publisher’s Websites are non-cancellable less than ten (10) days prior to the start of advertising campaign. If, however, Publisher agrees to cancel an existing order for its Websites, Advertiser will be responsible for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services. V. ADDITIONAL ADVERTISER WARRANTIES; INDEMNIFICATION: In addition to the warranties set forth in Section J above, Advertiser and its Agency, if there be one, each represent and warrant that: (i) any advertising or other material submitted by Advertiser or Agency for display on Publisher’s Websites or Apps, and any material to which the advertisement or other material links or refers, complies with all applicable laws and regulations and does not violate the personal or proprietary rights of, and is not harmful to, any person, corporation or other entity. (Advertiser understands that although the intended audience of Publisher’s Websites and Apps is primarily in North America, the Websites and certain Apps may be accessible throughout the world.); (ii) none of the advertisements or other materials provided to Publisher for display on its Websites or Apps cause the download or delivery of any software application, executable code, any virus or malicious or social engineering (e.g., phishing) code or features; and (iii) it will not conduct or undertake, or authorize any third party to conduct or undertake, any unlawful or improper actions in connection with the Websites or Apps, including, but not limited to, generating automated, fraudulent or otherwise invalid clicks or impressions on Publisher’s Websites or Apps. In addition to the indemnification obligations of Advertiser/Agency set forth in Section J above, Advertiser and its Agency, if there be one, each agrees jointly and severally to defend, indemnify and hold harmless Publisher and its employees and representatives for Losses (as defined in Section J above) that may arise from or relate to: (a) the linkage of any advertisement on Publisher’s Websites or Apps to other material; or (b) a breach or alleged breach of Advertiser’s warranties set forth in this Section V. W. DISCLAIMER: PUBLISHER DISCLAIMS ALL WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR NONINFRINGEMENT, ACCURACY, AVAILABILITY, UPTIME, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE DISPLAY, PERFORMANCE AND TRANSMISSION OF ADVERTISEMENTS ON PUBLISHER’S WEBSITES AND APPS. Without limiting the generality of the foregoing, Publisher disclaims all warranties and guarantees with respect to its Websites and Apps, including, without limitation, warranties and/or guarantees relating to: (a) the positioning or placement of advertisements on Publisher’s Websites or Apps, (b) the availability, uptime and delivery of any impressions or advertisements on any of Publisher’s Websites or Apps; (c) advertising results on the Websites and Apps; (d) the accuracy of audience data, including, but not limited to, audience demographic data, audience size/reach data, etc. with respect to the Websites and Apps; and (e) the quantity, quality or frequency of clicks or click-through rates of advertisements on the Websites and Apps. Advertiser acknowledges that third parties other than Publisher may generate automated, fraudulent or otherwise invalid/improper impressions, conversions, inquiries, clicks or other actions on Advertiser’s advertisements displayed on Publisher’s Websites or Apps. As between Advertiser and Publisher, Advertiser accepts the risk of any such improper actions. Advertiser’s exclusive remedy for such suspected improper actions is for Advertiser to request a refund relating to its impacted advertisements in the form of advertising credits on the applicable Website or App within thirty (30) days from the end of the calendar month in which such advertisement is initially displayed on the applicable Website or App. Any advertising credit refunds in connection with the Advertiser’s aforementioned requests are within the sole discretion of Publisher. X. MISCELLANEOUS: In the event ads are served on behalf of Advertiser hereunder on or in connection with any nonPublisher owned or operated websites, mobile sites, applications, email campaigns, or other service (collectively, “Target Sites”), Advertiser shall ensure that such Target Sites contain a privacy policy (or, in the case of an email campaign, contain a conspicuous link to a privacy policy) that (a) discloses (i) the usage of third party technology; and (ii) the data collection and usage resulting from such ads and/or third party technology; and (b) complies with all applicable privacy laws, rules and regulations. In addition, Advertiser shall not merge personally identifiable information with information previously collected as non-personally identifiable without robust notice of, and the end-user’s prior affirmation (i.e., “opt-in”) consent to, that merger. Copyright © 2014 American City Business Journals. All Rights Reserved.
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