Your placement of an ad with any of our publications indicates your acceptance of these terms. A signed Insertion Order is a commitment on the part of the Advertiser for the ads detailed within. The Advertiser commits to pay the total price listed in the Insertion Order according to these terms.
Ad copy is due 2 weeks before each ad runs. Should ad copy not be received 2 weeks before the ad runs, it is at HSAN’s discretion as to whether the ad will run as scheduled. NO REFUNDS OR COMPS WILL BE PROVIDED IF AD COPY IS NOT RECEIVED BY THE DUE DATE. Ad copy for all newsletter insertions and dedicated emails must be submitted as ready to copy and paste code in HTML format in an .txt or .html file. Ad copy cannot be accepted in Word (.doc/.docx) documents or in the body of an email. Graphics should either be hosted on the advertiser’s server or, in the case of website banner ads and regular newsletter sponsorships, emailed as an attachment to HSAN.
Standard Payment Terms:
The Advertiser commits to pay to HSAN the total prices listed in the linked IO by the due date(s) of the invoice(s) associated with this Agreement. A non-refundable 50% deposit is required to reserve ad spots for non-discounted orders more than 30 days out, with the balance due 30 days before the ad runs. For ads running within 30 days, the full amount will be billed up front. For all IOs with discounts, payment in full is required up front.
If payment is being made by credit card, the Advertiser authorizes HSAN to charge the credit card for the invoice total on the due date for each invoice associated with this Insertion Order. Should we have to collect the balance due after the invoice due date, the balance will be increased by the amount of any discounts that had originally been offered. When this signed IO is received by us, we reserve the ad spots detailed on it for you, making them unavailable for other advertisers who may wish to purchase them. Should the Advertiser’s (“your”) check be returned to us for insufficient funds, a $45 fee will be added to your balance for each ISF return. Unpaid balances for the ads detailed in this Agreement may be referred to a collections agency. Should this be necessary, you agree to pay any and all collection fees and court costs in addition to the balance due and any fees for returned checks.
By placing an ad with M.A. Kelley and Company, Inc./Homeschool Ad Network, the Advertiser represents, warrants and covenants that (a) Advertiser’s ad copy and/or images submitted in conjunction with any ad spots purchased from M.A. Kelley and Company, Inc./Homeschool Ad Network do not infringe upon any third party’s intellectual property rights, specifically including but not limited to, United States or foreign trademarks, patents, copyrights, rights of publicity, moral rights, music performance or other music-related rights, or any other third-party right, (b) the copy and/or graphics submitted by the Advertiser do not and will not contain any content which violates any applicable law or regulation, and (c) Advertiser has all necessary rights and authority to enter into this Agreement and place advertising on the websites and/or newsletters identified in the Insertion Order.
In order to maintain the reputation its publications have earned in the homeschool market, HSAN maintains advertising standards for all advertisements included in its publications. HSAN must approve all ad copy and resources. Should an advertiser with an ongoing ad campaign wish to change ad copy during the campaign, Homeschool Ad Network must approve the new copy and resource being advertised. HSAN reserves the right to refuse any ad for any reason.
Website and Newsletter Statistics:
Newsletter subscribership, website traffic, and impressions are not guaranteed but are based on website statistics and have been historically reliable.
Some of the publications in HSAN make use of content delivery network services, browser and server caching, and other technologies designed to deliver content at optimum speeds. Due to these technologies being employed, HSAN does not offer tracking for website ads. Advertisers wanting such tracking should utilize an ad server that offers those services and provide HSAN with code from the ad server that is ready to copy and paste into the HSAN website(s). Advertisers should understand that these technologies could interfere with accurate tracking of impressions and/or clicks on their ad server.
You grant HSAN and its partner publications a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, and display your company name, logo, and advertising copy as part of its promotional material to market advertising services in print and digital format.
The Advertiser agrees to defend, indemnify and hold harmless M.A. Kelley and Company, Inc./Homeschool Ad Network and its respective affiliates, successors, transferees, assignees and licensees, and any of their respective agents, officers, directors and employees of each, from and against any and all damages, costs (including without limitation, reasonable attorneys’ fees and costs in the defense and disposition of such matters), expenses, liabilities, claims (collectively, “Costs”) and causes of action brought by or on behalf of any third party in any way arising by reason of or relating to (i) any breach by the Advertiser of any warranty, representation, covenant or other undertaking in this Agreement; and/or (ii) damage caused by the negligence or willful misconduct of the Advertiser or the Advertiser’s employees, agents, and/or representatives.
Governing Law, Venue:
This Agreement shall be governed by the laws of the Commonwealth of Virginia without giving effect to the principles thereof with respect to conflicts of law. The Parties hereby agree that any action arising out of this Agreement shall be brought in the state or federal courts located in Virginia, and further irrevocably submit to the exclusive jurisdiction of any such court and waive any objection that such Party may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court, and further agree not to plead or claim the same.
No delay or omission by either Party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power by either Party. A waiver by either Party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant under this Agreement. The Parties hereby agree that any and all waivers must be in writing and signed by the Party waiving its rights.
This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the Parties.
This Agreement and its rights, privileges, duties and obligations shall inure to the benefit of and be binding upon each of the Parties hereto, together with their respective successors and permitted assigns.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.