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Open Source
Overview • OSDN
Overview • Site
Descriptions • Advertising
Contacts • Rate
Card • Terms
& Conditions
Advertising General Terms & Conditions
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1. Conditions, other
than rates, are subject to change by OSDN (Open Source Development Network)
hereafter reffered to as OSDN without notice.
2. Acceptance of advertising programs are subject to space availability
upon receipt of signed contract or insertion order by OSDN.
3. Online advertisements are accepted upon the representation that advertiser
and its agency have the right to publish and display the advertisements
and its contents. In consideration of such online publication and display,
the advertiser and its agency agree to indemnify and hold OSDN harmless
against any and all expense or loss by reason of any and all claims arising
out of the online publication and display.
4. Positioning of advertisements is at the discretion of OSDN only, except
where a request for a specific preferred position is acknowledged by publisher
in writing. Material must be received by material closing date, otherwise
position may be lost, or requested impression level may be reduced.
5. Cancellation Policy: Cancellations or changes in orders must be made
in writing. Any campaign can be cancelled with no penalty up to two weeks
before the scheduled start date of the campaign. Campaigns cancelled less
than two weeks before the scheduled start date are subject to a 15% cancellation
fee based on the original amount of the cancelled order. After a campaign
has started, cancellation notices must be provided to OSDN at least two
weeks prior to the effective date of cancellation. Advertisers will be re-billed
for all impressions delivered through effective end date; if appropriate,
short rates will apply.
6. Postponement Policy: In cases where ad material has not arrived by the
fifth working day after the agreed-upon campaign start date, OSDN's postponement
policy goes into effect. OSDN will reduce the number of total impressions
for every day the campaign is late, based on even distribution, and the
advertiser will be invoiced at the original contracted dollar amount.
7. OSDN may use prior ad materials if new materials are not received on
time.
8. Insertion orders are accepted subject to the provisions appearing on
the current rate card.
9. OSDN is not liable for delays in delivery and/or non-delivery in the
event of an Act-of-God, actions of any government or quasi-governmental
entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether
legal or illegal, labor or material shortage, transportation interruption
of any kind, work slow-down or any condition beyond the control of OSDN
affecting production or delivery in any manner.
10. Online publisher shall not be liable for any and all costs or damages
if for any reason it fails to electronically publish and display an advertisement.
In no event shall OSDN be liable for any and all damages, consequential
or otherwise, in excess of the amount paid for the advertisement, as a result
of any mistake in the advertisement, omission from or error in any index,
or for any other reason.
11. OSDN shall have the right to hold advertiser and/or its advertising
agency jointly and severally liable for such monies as are due and payable
to OSDN for advertising which advertiser or its agent ordered and which
advertising was published and displayed.
12. All contents of advertisements are subject to OSDN's approval. OSDN
reserves the right to reject or cancel any advertisement, insertion order,
space reservation or position commitment at any time.
13. No conditions other than those set forth in the rate card shall be binding
upon OSDN unless specifically agreed to in writing by the OSDN. OSDN will
not be bound by conditions printed or appearing on order blanks or copy
instructions which conflict with the provisions of said rate card.
14. As used in these "General Terms and Conditions" the term OSDN shall
refer to OSDN (Open Source Development Network), Andover.Net/OSDN, a VA
Linux subsidiary.
15. All discounts are multiplicative and not additive.
16. Payment in full is due within 30 days of the "live" date of advertiser's
program.
17. Rates are subject to change upon notice from OSDN. In the event of an
increase in the rates not publicly announced prior to the first advertisement
covered by the contract then in effect, advertisements reserved may be cancelled
by the advertiser or its creative agency, at the time the increase becomes
effective without incurring any short-rate charges, provided the advertisements
published and displayed to the date of cancellation are consistent with
the appropriate rate. Failure to meet impression frequency commitments for
any other reason in whole or in part by the advertiser will result in an
adjustment to the rate (short-rate) based on past and subsequent advertisements
to reflect actual ad impressions displayed at the earned rate. |
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