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Media Kit

  1. 1. magazine for womenMISSION STATEMENT:It is the mission of this magazine to encourage and inspire women especially, butall readers, to live whole lives that manifest healthy bodies, minds and hearts. Theheart, to us, means the unseen seat of the emotions and spirit. We do not claim todefine this; we only wish to feed it.It is the mission of this magazine to support those who are actively contributingto the well being of their fellow human beings. We intend to do this through ourcontent and through contributions. We believe in the power of giving.It is the mission of this magazine to leave the world better than we find it. For more information about advertising in THAT magazine for women, contact your sales representative or Publisher Rebekah Sweeney 717-814-8032.
  2. 2. MARLENE LANG & REBEKAH SWEENEYFOUNDERS AND CO-PUBLISHERS magazine for women PUBLISHERS’ NOTE Let us explain what THAT magazine for women is. And why it is. First why: Because sometimes the choices are not between bad and good but between, what seems, bad and bad. That is when we women need to go deep, to drop far inside ourselves to find the sacred hutzpah, which can be identified in that dark place by its furry bunny ears dispensing invisible rays of courage. We are here to lend encouragement for your search. There is a serious backdrop to all we do, but no one needs to know. Our meditation sessions are secret and sneaky. We make people wonder what brand of energy drink we imbibe, or if we engage in yoga and mountaintop prayer. THAT magazine was conceived one rainy day as two grown up girlfriends met with a nice man old enough to be their daddy in order to discuss his idea of launching a women’s magazine. They were the female talent he needed, since he was not female. He was the investment capital they thought they needed. The women quickly concluded that the old man’s ideas were: boring. Their grandmas would have called them “old hat.” Tossing that hat mid-meeting, they spontaneously spouted their own flow- ing inspiration, imagining a magazine that acknowledged women’s social conscience without be- ing preachy. One that would dare to address her spiritual quest without condemning her eye for fashion. The old man quickly decided that the women’s ideas were: much bigger and wilder than his own. He fled quietly, leaving the two women to pursue their own mission. It was almost ar- chetypical. We had noticed that our world seemed presently to be toggling between dog-eat-dog and dog-feed- dog philosophies and that the devouring pack was ever at the door. We knew women like ourselves who were a simmering source of compassion and empathy – and that women genuinely wanted to be a force for good in their worlds. We believe that our times call for women to show that they are strong enough to be gentle when necessary or to be tough bitches when that is called for. We are serious: We have inherited a world full of hungry and sick children who exist alongside un- imaginable wealth. Is it weak for women to rise up and wail about it? To take those children under their wings, like hens? To call for an end to the greed and the fighting that continually create these conditions? We don’t think so. Nor do we mind that in the midst of the mess, women want to be pretty and talk weight and shoes. As female insiders, we know that women have much more going on. And yet, shoes and makeup and hairdos and relationships are going on. THAT magazine for women is a means of encouraging women to be all that they are: body, mind and heart. Whole. Rebekah Sweeney and Marlene Lang, Publishers
  3. 3. EDITORS AND CONTRIBUTORS magazine for women MARLENE LANG CO-PUBLISHER AND EDITOR-IN-CHIEF Marlene Lang’s life reveals a record of tenacious truth- seeking. While in her 20s, she chose a conservative path of staying home with her three children, self-education and journaling. She read the Bible cover-to-cover six times during that decade, part of a nightly mediation practice that would inform her future pursuits along with extensive reading on social issues and world religions. Lang started college at 29, earning a degree in philosophy. She graduated with high honors and a commendation for serving as an editor of the college newspaper, working and caring for three adolescent children. She became a jour- nalist and emerged as a columnist for the Chicago area’s SouthtownStar, where she was published from 2005-2010. Her voice exudes more that mere snark and clever turn- ings-of-phrase. Lang’s writing is consistently insightful and funny. As the economy was tanking late in 2008, Lang resigned a fine editing position in order answer a nagging nabbing in her heart. She’d felt it years before, when she first learned there were a million children living homeless on the streets of Sao Paulo, Brazil, and nearly as many in the great cities of the U.S. She’d clipped a newspaper article in 1990 about “death squads” round- ing up Brazillian street children – some as young as five or six – and executing them. Lang read and re-read the article until she cried the tears of a mother for those children. A mother of three herself, she focused on raising her own children, lost as to how she could help the others. Reporting in 2007 and 2008 on conditions in several rural Pennsylvania trailer parks, she caved in the face of a child burned by a ramshackle space heater because his landlord refused to fix the trailer’s heating system even after being cited and fined. Her own children were grown and graduating college; now in her 40s, she chose to pursue a new path, or maybe to reclaim an old one. By fall 2009 Lang was a full time student of holistic spirituality at Chestnut Hill College in Phil- adelphia. She graduates in May 2011: her culminating graduate work will be the completion of a manuscript titled, “Thin Places,” an account of Lang’s spiritual travels from a Baptist upbringing in Wisconsin to her call to social justice activism. * “Thin Places” copyright by Marlene Lang.
  4. 4. EDITORS AND CONTRIBUTORS magazine for women REBEKAH SWEENEY CO-PUBLISHER AND ADVERTISING DIRECTOR Rebekah Sweeney has over 17 years of advertising and market- ing experience. She was part of an award-winning design team at Overit Media. She worked with clients big and small, assist- ing them with a complete marketing outline that showcased every aspect of what their business had to offer. She had the privilege of working with clients such as DayStar Technologies, The Case Foundation, MTI Instruments, c2hub, to name just a few. After moving to Pennsylvania she pursued her passion of sharing dating wisdom with other singles. Sweeney conceived a unique date-coaching service for busy professionals, and made it happen. The business she created offers workshops and one-on-one coaching, while Sweeney contributes dating advice columns to a local woman’s journal. With her own engaging style, Rebekah Sweeney draws out the best in those she advises and works with. She aims now to expend her uplifting energy in a broader way as co-founder of THAT magazine for women. The mother of three – when not running to numerous sporting events and dance classes – can be found organizing or participating in fundraising events for local organizations that are dear to her heart.
  5. 5. STAFF AND CONTRIBUTORS magazine for women BERNARD UHDEN, JR. CREATIVE/PRODUCTION DIRECTOR A web and graphic designer from Baltimore, Maryland, Bernard Uhden con- tributes his high quality creativity to everything he does, effectively transform- ing visions into branded solutions. Taking conceptions into the tangible, Uhden is both an artist and technician, able to produce branded solutions that exceed expectations and move beyond conceived limits. When not creating fresh designs for his clients, he’s busy entertaining friends and family, troubleshoot- ing computer problems or relaxing anywhere with a beach. Uhden is a graduate of the Bradley Academy for the Visual Arts and resides in York, Pennsylvania. ILIE RUBY, CONTRIBUTOR Ilie Ruby is the author of “The Language of Trees” (Avon HarperCollins August 2010), a story of healing, second chances, and how far we will go to protect the ones we love. She is a contributor to The New York Times Moth- erlode and the founder of The Great Women Series. Ruby is an advocate of older child adoptions and a supporter of Ethiopia Reads. She lives near Boston and is at work on her second novel. MADELINE MASTERS, CONTRIBUTOR A non-profit writer from a small town in southern Pennsylvania, Madeline Masters has worked as a newspaper reporter and freelance writer. She pens short stories for fun, and her articles have been published at www.fitpeeps. com and She is an Elizabethtown College graduate and lives in Buffalo, New York. JANENE LANG, CONTRIBUTOR Janene Lang is an unemployed philosopher who troubleshoots computer snag- gles over the phone for pay, while pursing a master of science in oriental medicine. The McNair scholar holds a bachelor’s degree in liberal studies. She writes and paints and philosophizes from her Wisconsin home.
  6. 6. STAFF AND CONTRIBUTORS magazine for women BARBARA BUCKMAN STRASKO, CONTRIBUTOR Barbara Buckman Strasko is the first Poet Laureate of Lancaster County, Pennsylvania, serving from 2008-2010. She is the 2009 River of Words Teacher of the Year and was named Poet in the Schools for Poetry Paths in Lancaster City. Her poems have appeared in: Best New Poets, Rhino, Nim- rod, Brilliant Corners, Ninth Letter. Her chap book On the Edge of a Delicate Day was published by Pudding House Press in 2008. MEGHAN LEMERY, CONTRIBUTOR A psychotherapist practicing in Queensbury, New York, Meghan Lemery is also a columnist for Saratoga Today and just completed her first novel, “Please Pass the Barbie Shoes.” She can be reached at: JULIE WOIK, CONTRIBUTOR A successful children’s book author, Julie Woik exudes compassion and common sense in response to the issues that cross her path through friends and family, and she does so with her own comedic flair. Julie has a way of dispelling the cloud of confusion and simply offering… choices. STACEY BURROUGHS, CONTRIBUTOR Stacey Burroughs is an outpatient psychotherapist and mental health consultant in York, Pennsylvania. She specializes in trauma, addictions, at risk youth and families and women’s issues. Stacey is passionate about eliminating the stigma that is commonly associated with mental illness and addiction. She is a freelance writer who enjoys baking and exploring new spaces both far and near.
  7. 7. STAFF AND CONTRIBUTORS magazine for women ELVA WINTER, CONTRIBUTOR Elva Winter is a sexuality therapist who has also taught college courses in psychology. She writes poetry and is presently researching the healing value of poetry. She lives in Dover, Pennsylvania. BRANDON C. HUFNAGEL, FOOD CONTENT CONTRIBUTOR Brandon C. Hufnagel’s vibrant career in hospitality spans 18 years. His passion for food and hospitality led him to the prestigious Culinary Insti- tute of America. He became a chef and owner of a fine restaurant, offering award-winning wine lists and menus. He consults for other restaurants, educating fellow chefs and owners and sharing his discerning take on all facets of food and wine. He has received awards and accolades from Wine Spectator Magazine and other publications, as well as from local wineries for his fine work educating the public about food and wine. ABBY FOUST, CONTRIBUTOR Abby Foust is a recent graduate of Pennsylvania State University, where she received a bachelor of arts in print journalism and a minor in sociology. Abby’s stories on health, beauty and self- improvement have been published in Valley Magazine and She brings her fresh perspective and enthusiasm to THAT magazine for women.
  8. 8. 2011 CLOSING SCHEDULE magazine for women ISSUE AD CLOSE MATERIALS DUE ON SALE June/July 3/4/11 3/18/11 5/3/11 August/Sept 5/6/11 5/20/11 7/5/11 Oct/Nov 7/1/11 7/22/11 9/6/11 Dec/Jan 9/2/11 9/16/11 11/1/11 Feb/March 11/4/11 11/18/11 1/3/12 April/May 2/1/12 2/4/12 3/1/12 PLEASE NOTE Editorial calendar is subject to final approval. Timing, issue themes and content can change without notice based on editor discretion. Contact your sales representative or Publisher Rebekah Sweeney 717-814-8032
  9. 9. EDITORIAL OVERVIEW magazine for women CARING FOR OUR BODIES Health and fitness will be a focus, as well as consideration of how we relate to our own physical selves. Exercise, food and attitude are examined, as contributors to our body’s health. PERSONAL GROWTH Expert and ordinary voices will aim to encourage and aid readers’ ongoing emotional growth. We will publish thoughtful words that speak to matters of the heart. RELATIONSHIPS We will present articles and essays that help sort out where relationships go awry and offer direc- tion on what makes them work. ‘Relationship’ will extend beyond family and friends, both inward and outward, to include immediate community and the world. PARENTING AND CAREGIVING Can we muster the energy for that beautiful job we care the most about? Articles and shared ex- perience will help readers through frustration as parents and caregivers, and hopefully to a place of enjoyment. INSPIRING WOMEN Words from and stories about women who inspire us, whose lives and work are worth a closer look. All will be smart and beautiful; some will be funny, too. MONEY MANAGEMENT Money is entangled in almost everything we do. Many women find themselves in need of a skill set no one gave them. Articles from field experts will fill a gap. ARTS AND CREATIVITY Artists of all kinds will share their work and their path to expression, in ways practical and just plain passionate. CONTRIBUTING TO COMMUNITY What does it mean to “do your part,” or to “give back?” We will hear from those who have found their own unique ways to give, and highlight people and projects which make their communities better places.
  10. 10. AD SPECIFICATIONS & RATES magazine for women DIMENSIONS Page trim size: 8-1/8” x 10-1/2”. Safety (bleed ads only): 1/4” from trim edge top, bottom, and sides. BLEED WXD NON-BLEED WXD 1/3 page V before trim 3.0625 x 10.75 One page 7 x 9.625 Trimmed size 2.8125 x 10.5 2/3 page V 4.625 x 9.625 Safety 2.3125 x 10 1/2 page V 4.625 x 7.125 1/2 page H before trim 8.375 x 5.4375 1/2 page H 7 x 4.75 Trimmed size 8.125 x 5.1875 1/3 page V 2.25 x 9.625 Safety 7.625 x 4.6875 1/3 page H 4.625 x 4.75 2/3 page V before trim 5.4375 x 10.75 1/6 page V 2.25 x 4.75 Trimmed size 5.1875 x 10.5 1/6 page H 4.625 x 2.25 Safety 4.6875 x 10 One page before trim 8.375 x 10.75 SPACE RATE Trimmed size 8.125 x 10.5 Page 4C $24,700.00 Safety 7.625 x 10 2/3 Page 4C $18,500.00 Two-page spread before trim 16.75 x 10.75 1/2 Page 4C $14,600.00 Trimmed size 16.25 x 10.5 1/3 Page 4C $10,400.00 Safety 15.75 x 10 Cover 2 $29,700.00 Cover 3 $27,200.00 PRODUCTION DEPARTMENT Cover 4 $32,200.00 CONTACT: Bernard Uhden Jr. 717-814-9842 | Ad Traffic: Rebekah Sweeney 717-814-8032 | SHIPPING ADDRESS: Ship ad materials to: THAT Magazine for Women 25 E 8th Ave, York, PA 17404, Attention: Production Please ship via trackable carrier.
  11. 11. DIGITAL FILE SPECIFICATIONSFOR PRINT ADVERTISING magazine for women FREQUENCY THAT magazine for women is published bi-monthly and is on sale the first week of the month of issue date. The magazine is mailed to subscribers the third week of the month prior to issue date. SPACE ORDERS Due in writing on or before closing date. CANCELLATIONS Neither advertiser, advertising agency, nor their agents may cancel after the closing date. No cancellations, changes, or insertion orders will be accepted by Publisher after the closing date. Orders for covers, postcards, and inserts may not be cancelled less than 30 days preceding the closing date. If by closing date Publisher has not received advertising material that it, in its sole discretion, deems acceptable for publication, it may either repeat the advertiser’s most recent advertisement that it has published or publish nothing, charging advertiser and/or advertising agency for any space reserved by them. PRINT MATERIALS Special advertising section materials are due by the ad close listed on the production schedule. When the materials due date falls on a non-business day, materials are due the preceding busi- ness day. THAT magazine for women is not responsible for reproduction quality if materials are received after materials deadline. SUPPLEMENTAL RATE INFORMATION SECOND COLORS Process Magenta, Cyan, or Yellow and PMS colors are standard. Metallic colors also available. Prices quoted on request. BLEED Available for spreads, full pages, and 2/3, 1/2 horizontal, and 1/3 vertical pages, at 13% additional cost. No premium on spreads that bleed only across the gutter. SPECIAL POSITION Orders specifying positions other than those known as designated positions are accepted only on a request basis, subject to the right of the Publisher to determine actual positions. INSERTS Special rates apply for supplied inserts, insert cards, gatefolds, and special units. Prices and avail- abilities on request.
  12. 12. DIGITAL FILE SPECIFICATIONSFOR PRINT ADVERTISING magazine for women MARKETPLACE Rates are $11.50 per word, with a 15-word minimum. Display rates and frequency discounts are available. Check or money order in U.S. dollars, including any applicable tax, must accompany copy and be received by the materials close date preceding issue date. COMMISSIONS AND DISCOUNTS Commission 15% of gross billings to advertising agencies. No commission on production charges. Commissions not allowed on billings turned over for collection. MULTIPLE PAGE DISCOUNTS Advertisers using 4 or more full pages are entitled to discounts depending on the number of pages. Pages must run consecutively and in the same issue and may be any color combination of blackand white, black and one color, or 4-color. Discounts are negotiable on request.
  13. 13. PREPARING YOUR AD magazine for women CURRENT SPECIFICATIONS AND TEMPLATES The most up-to-date ad specs, as well as template files in InDesign, QuarkXPress, and EPS formats, are available at our website under Specifications. AD ORIENTATION Ads, especially partial-page bleed ads, should be designed so they can be placed on either left or right pages. FILE TYPE For best results, create a print-resolution, version 1.3(Acrobat version 4) PDF (PDF/X-1a pre- ferred) with live type, all fonts embedded, and transparency flattened. You may also submit InDesign, QuarkXPress, Photoshop, Illustrator, EPS, or TIFF files. Ads created in Pagemaker, Microsoft Publisher, or other applications not mentioned above may not be usable. If you use a Windows PC, include a high-resolution PDF, TIFF or EPS file in addition to source files. We may not be able to modify Windows-based files if your ad has a problem and our deadline pre- vents getting a corrected ad from you. CREATING A PDF Current versions of InDesign, QuarkXPress, Illustrator, and Photoshop have options for output- ting high-resolution, print-ready PDFs. Consult your graphics application documentation for details. You may also use Acrobat Distiller to create PDFs; a Distiller job options settings file is available on our specifications page. THAT magazine for women Production staff will check your PDF, fix any problems we can, and notify you if we can not fix them. If you are at all unsure about whether or not your PDF is print-quality, please send us your source files along with the PDF. FONTS Do not use Adobe Type 3, Windows Type 1, or Multiple Master fonts. Choose bold or italic fonts when needed; don’t apply bold or italic styles to plain fonts or your type may not output correctly. To avoid font issues with EPS files, be sure to supply the fonts used in them, and/or consider con- verting your EPS file’s fonts to outlines. TRANSPARENCY If your ad contains transparency, THAT magazine for women will “flatten” the transparency to vectors and bitmaps using standard settings, and is not responsible for any resulting reproduction problems (including “stitching,” which sometimes turns flattened transparency boundaries into solid lines or gaps). CROP MARKS/BLEED Use crop marks to indicate bleed and trim for bleed ads. Offset your crop marks at least 1/8” to keep them out of the bleed.
  14. 14. PREPARING YOUR AD magazine for women IMAGE RESOLUTION All bitmap images must be at least 300 dpi. Do not enlarge 300dpi images more than 100% as this will result in a lower-resolution image. Files containing bitmapped text should be at least 600 dpi. COLORS Unless you’ve made special arrangements to run PMS inks, THAT magazine for women will con- vert PMS/spot colors (as well as RGB ones) to CMYK and remove color profiles in ad files, and is not responsible for any resulting color shifts. To avoid this, please convert all PMS/spot colors to CMYK before you send us your ad, and do not embed color profiles in image files. If you are run- ning a PMS color as a second or fifth color, notify THAT magazine for women of the PMS color number and approximate percent coverage by the space closing date. Metallic colors are available as well for an additional cost. PMS colors are not available in special advertising sections. BLACKS IN FOUR-COLOR ADS You may use a “rich black” of 60% cyan, 1% magenta, 1% yellow, and 100% black in four-color ads for a deeper black color, but only when the black element is at least 1/4” wide. Do not use rich black of any kind for text; we will attempt to convert rich black text, or items smaller than 1/4” wide, to 100% K. Black elements will overprint by default – i.e., any underlying cyan, magenta, or yellow ink will cause variations in the “richness” of the black. If you wish black elements to knock out, please include at least 1% of all four colors in the black. GUTTER In perfect-bound magazines like THAT magazine for women, a portion of an ad that bleeds into the gutter will be difficult to read at best. Be sure to accommodate this in your design by allowing at least 1/3” - 1/2” between the gutter and any important text or image. For spreads that bleed across the gutter, avoid running text across the gutter if possible, or accommodate the gutter with a gap in the text on either side. Because the amount lost to the gutter varies according to book size and ad location, THAT magazine for women cannot specify the amount of clearance to leave, and the advertiser runs elements into and/or across the gutter at the advertiser’s risk. DENSITY OF TONE In black-and-white ads, a tone density greater than 85% may fill in on press. For four-color ads, the sum of color densities should not exceed 310%, with no more than one color printing solid. Two colors should not exceed 170% with one-color solid or both colors screened. ADVERTISING “SLUGS” Per American Society of Magazine Editors (ASME) Guidelines, any advertisement that might be mistaken for editorial content must be “slugged” with a designation as Advertisement, Special Ad- vertising Section, or Promotion at the top of the ad in type that is at least 9 points in size. THAT magazine for women will add this slug at its discretion, but we prefer you add the slug yourself. For more information, visit
  15. 15. PREPARING YOUR AD magazine for women PROOFS All ads must be accompanied by a proof. Proofs must be printed at 100% and must match the supplied file. If we do not receive a proof, we will pull a laser print or Epson proof from the sub- mitted file, and will not be responsible for color or content discrepancies. FOUR-COLOR AD PROOFS We strongly recommend that you review and submit a SWOP-certified proof of your four-color ad if you want to be assured of how it will reproduce on press. All submitted SWOP-certified proofs are sent to press and used for the color approval. Otherwise, your ad will be printed within standard SWOP densities. Non-SWOP proofs for four-color ads will be used for content only. SWOP-certified proofs must show standard GATF color bars/exposure scales and crop marks. BLACK-AND-WHITE AD PROOFS A laser print, inkjet print, or velox is acceptable. SENDING US YOUR AD No matter what format your ad is in, we prefer it be accompanied by all source files, including the final layout file, images, logos, and screen and printer fonts. Fonts used in placed EPS files must be included as well if they have not been converted to outlines. We archive digital files for one year after publication, but do not return media. PHYSICAL DELIVERY Send us your ad files on a CD or DVD, along with your proof and contact information, via track- able carrier. Be sure to indicate clearly which issue the ad is for. ELECTRONIC DELIVERY Visit our web site and find “Upload” to make an Electronic submission. Acceptable hard-copy proofs (see above) must be sent for all electronically submitted ads. PROBLEMS We want your ad to print correctly. If your ad is late, has technical problems (see below), needs last- minute changes, or is otherwise “stressed,” the chances of it running incorrectly increase significantly. Therefore please make every effort to get your materials in on time and to our specifications. CHANGING YOUR AD Any ad intervention requested by the advertiser and/or required by THAT magazine for women or our printer may result in additional charges to the advertiser, and such a request releases us from responsibility for its reproduction. If we encounter a minor problem with your ad, we will attempt to fix it and to inform you of this at our discretion. If we cannot fix it, we will ask you to submit a corrected file.
  16. 16. PREPARING YOUR AD magazine for women COMMON PROBLEMS We advise you pay attention to these matters, which are common culprits behind ad problems: • Low-resolution images • missing screen and/or printer fonts • incorrect dimensions • images not converted to CMYK • text outside the safety area • non-bleed ads that bleed (and vice versa) • excessive density of tone • ads created in non-standard applications • unacceptable proofs • incorrect use of rich black • spot colors • and embedded color profiles. PREPRINTED INSERTS Advertisers running preprinted inserts will be supplied specifications and approval procedures upon request. A blue line proof must be submitted for approval prior to printing. Multi-paged preprints with advertorial text must be slugged Advertisement, Special Advertising Section or Promotion at the top of each page (see above). SCREEN RULING 150-line screen for body, 175-line screen for the cover.
  17. 17. ADVERTISING CONTRACT & REGULATIONS magazine for women 2011 THAT MAGAZINE FOR WOMEN ADVERTISING RATE CARD COPY AND CONTRACT TERMS AND CONDITIONS 1. THAT magazine for women - 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. In the event of such cancellation or rejection by publisher, advertis- ing 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 remove from selected copies of the publication adver- tisements containing matter that subscribers have deemed objectionable. 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 pub- lisher terminate its relationship with Advertiser and/or Agency, 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. 2. Advertiser’s Failure to Run Advertising/Short-Rate All agreements for advertising frequency discounts require that the specified number of adver- tisements be published within a specified period and be promptly paid for. In the event of Adver- tiser’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 therefore and Advertiser will thereafter pay for advertising at the open rate or at the earned rate(s) as applicable. Any merchandising program executed by publisher in reli- ance 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.
  18. 18. ADVERTISING CONTRACT & REGULATIONS magazine for women 3. Restrictions on Advertiser’s Cancellation of Advertising Orders Orders for inside or outside cover pages are non-cancelable. Options on cover positions must be exercised at least 30 days prior to four-color closing date. If an order is not received by such date, the cover option automatically lapses. Orders for all inside advertising units are non-cancelable less than 15 days prior to closing date. Orders for furnished inserts are non-cancelable the first day of the second calendar month preceding the date of issue. Orders for all publisher-produced inserts are non-cancelable without the written agreement of publisher. If, however, publisher agrees to cancel an existing order, Advertiser will be responsible for the cost of any work per- formed or materials purchased on behalf of Advertiser, including the cost of services, paper and/ or printing. 4. Advertising Positioning is at the discretion of publisher. Orders for advertising containing restrictions or specifying positions, facings, editorial adjacen- cies or other requirements may be accepted and published but such restrictions or specifications are at the sole discretion of publisher. 5. Labeling of Advertisements Advertisements that simulate editorial content must be clearly identified and labeled “ADVER- TISEMENT” or “PROMOTION” or “SPECIAL ADVERTISING SECTION” at the top of the advertisement, and publisher may, in its discretion, so label such copy. 6. 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 Non-Solicited Pornography and Marketing Act of 2003 and any acts amendatory thereto as interpreted by the FTC (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, Advertiser agrees to comply with reasonable policies intended to comply with the CAN-SPAM Act. 7. Inserts An accurate facsimile of any furnished insert must be submitted to publisher for review prior to the printing of the insert. Publisher is not responsible for errors or omissions in, or the produc- tion quality of, furnished inserts. Advertiser and/or Agency shall be responsible for any addi- tional charges incurred by publisher arising out of Advertiser and/or Agency’s failure to deliver furnished inserts pursuant to specifications of publisher. 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.
  19. 19. ADVERTISING CONTRACT & REGULATIONS magazine for women 8. Errors in or Omissions of Advertisements In the event of publisher 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 attention of publisher 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. 9. Trademarks The titles and logos of the magazines published by THAT magazine for women are registered trademarks. Neither the titles nor the logos of the magazines may be used without the express written permission of the publisher. 10. Indemnification Advertiser and its Agency, if there be one, each represent that 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. (Advertiser understands that the national edition of THAT magazine for women is distributed primarily in North America. As part of the consider- ation 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 the publisher, and its employees and representatives, against any and all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of any actual or potential claims for libel, invasion of privacy, 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, distribution or transmission of such advertisement; or (b) any violation of the CAN-SPAM Act or other laws relating to com- mercial messages e-mailed on Advertiser’s behalf by publisher. If publisher participated in the creation of an advertisement, publisher will indemnify Advertiser in connection with potential claims only to the extent it has agreed to do so in writing. 11. 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,
  20. 20. ADVERTISING CONTRACT & REGULATIONS magazine for women 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 re- ceived 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. 12. 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. 13. Republication of Advertisements Advertiser and Agency agree that any submitted advertisements published may, at the option of the publisher, be republished or 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 prior written consent from publisher. 14. Advertising Rates Rates contained in advertising orders that vary from the rates listed herein shall not be binding on publisher and the advertisements ordered may be inserted and charged for at the actual schedule of rates. Rates and units of space are effective with the June 2011 issue. Announcement of any changes in rates will be made thirty (30) days in advance of the closing date for the first issue af- fected by such new rates. Advertising in issues thereafter will be at the rates then prevailing. 15. Rate Base Guarantees Rate base guarantees are made on an annual twelve-month average. 16. Terms of Sale An agency commission of 15% will be allowed for recognized agencies. Payment is due thirty (30) days from the date of invoice. Interest will be charged at a rate of 1.5% per month on past due bal- ances. Publisher may at its option require cash with order or change payment terms.
  21. 21. ADVERTISING CONTRACT & REGULATIONS magazine for women 17. Choice of Law and Forum All issues relating to advertising will be governed by the laws of the State of Pennsylvania appli- cable to contracts to be performed entirely therein. Any action brought by Advertiser against pub- lisher relating to advertising must be brought in the state or federal courts in Harrisburg, Pennsyl- vania. The parties hereby consent to the jurisdiction of the state or federal courts in Pennsylvania, in connection with actions relating to advertising. 18. Entire Agreement The foregoing terms and conditions shall govern the relationship between publisher and Adver- tiser 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 senior executive of THAT magazine for women, no other terms or conditions in contracts, orders, copy, or otherwise will be binding on the publisher. Failure by publisher to enforce any of these provi- sions shall not be considered a waiver of such provision. Copyright © 2011 THAT magazine for women. All Rights Reserved. Dated 12/20/2010