Advertising Terms & Conditions
The following Advertising Terms & Conditions apply to all publications by Mary Ann Liebert, Inc., including Genetic Engineering & Biotechnology News (GEN) and Inside Precision Medicine (IPM) (collectively, “The Company” as noted below).
General Terms
- All rates are subject to change upon notice from The Company.
- The Company reserves the right to hold advertisers and/or their advertising agency (collectively, “The Advertiser” as noted below) jointly and severally liable for such monies that are due and payable to The Company.
- The Advertiser assumes all liability for all content (including text, representations, illustrations, graphics, charts, trademarks, or other copyrighted matter) of all material.
- The Advertiser represents, warrants, and covenants that material will not contain: (a) any misleading or deceptive information, or any misrepresentation with respect to products or services offered by The Advertiser; (b) any information, audio, video, graphics, software, or other works in violation of any person’s copyright, trademark or any other intellectual property rights; (c) any deceptive information which would imply affiliation or sponsorship of any entity or person other than The Advertiser without the written consent of such entity or person; or (d) any virus, worm, “trojan horse”, or similar contaminating or destructive feature.
- The Company reserves the right to reject advertising that it feels is not in keeping with the publication’s standards. All advertisements must comply with applicable U.S. and International laws, and may not be indecent, obscene, or defamatory.
- The Company shall not be responsible or liable for loss of profit, loss of business, or any other consequential damage because of any error or omission in or of an advertisement.
- The Company makes no representations as to the accuracy of the content of The Advertiser’s material.
- The Advertiser retains copyright to their advertisements. By submitting advertisements, however, The Advertiser hereby grants The Company a worldwide, irrevocable, nonexclusive, and transferable license to reproduce the advertisement, including any trademarks therein, and include without limitation in any future archive or database in any medium, now known or later invented. The Publisher reserves the right to destroy all materials that have been in its custody for at least three months unless the advertiser or agents have given written instructions against it.
- The Advertiser warrants and agrees that any supplied content or material when provided by The Advertiser for fulfillment of the relevant order by The Company will not contain any data-gathering or depositing device, including but not limited to “cookies” and/or opt-out devices through The Advertiser.
- If The Advertiser has a dispute under or related to this agreement and the placement of an advertisement, the situation shall be settled in White Plains, New York, USA, in accordance with the rules of the American Arbitration Association. Judgments on the award of the arbitrators may be rendered by any court of competent jurisdiction.
- Agencies executing this Contract represent and warrant to The Company that they have the authority to execute this Contract on behalf of The Advertiser and The Advertiser will be bound by the terms and conditions of this Contract upon the execution hereof by Agent. Agent further represents and warrants that it has reviewed all of the terms and conditions of this Contract with The Advertiser prior to the execution hereof.
- Each party shall indemnify, defend, and hold harmless the other party from and against any costs, losses, liabilities, and expenses, including all court costs, reasonable expenses, and reasonable attorneys’ fees that the party seeking indemnification may suffer, incur, or be subjected to in connection with any legal action, proceeding, arbitration, or other claim by a third party (including any governmental or regulatory authority), whether commenced or threatened, arising out of or as a result of the indemnifying party’s failure to comply fully with its obligations under these Terms & Conditions.
- Indemnification by The Advertiser. In addition to those provisions relating to compliance with data privacy laws, The Advertiser shall indemnify, defend, and hold harmless The Company and its service providers (collectively, “The Company Indemnitees”) from and against any costs, losses, liabilities, and expenses, including all court costs, reasonable expenses, and reasonable attorney’s fees (collectively, “Losses”) that a The Company Indemnitee may suffer, incur, or be subjected to as a result of or arising out of a breach of any warranty, representation or agreement made by The Advertiser contained in this Contract or by reason of any legal action, proceeding, arbitration or other claim by a third party, including commenced or threatened, arising out of or as a result of any Prohibited Content contained in a material provided or approved The Advertiser in accordance with the terms of this Contract. The indemnities included in this section shall apply to any information contained on any Internet website to which recipients of Content/Creative are directed as a result of any links included in such Content/Creative.
- The Company makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, with respect to any advertising services provided. The Company does not guarantee any specific results or outcomes from advertising, including but not limited to increased sales, customer engagement, brand recognition, or any other commercial benefit. The Advertiser acknowledges and agrees that effectiveness of advertising depends on various factors beyond The Company’s control, including but not limited to market conditions, consumer behavior, and the actions of third parties. The Company expressly disclaims any responsibility or liability for the performance, results, or lack thereof, of any advertisements placed. All advertisements are provided on an “as is” basis, and The Company makes no representation or warranty that the advertisements will be error-free, uninterrupted, or meet The Advertiser’s expectations. The Advertiser assumes full responsibility for any and all consequences of the advertisement’s content, design, and placement.
Advertising Products
Magazines/Journals
- Deadlines: Please refer to publication media kit for ad reservation order and ad material due dates. If ad materials are not received by the ad material due date, a previously run advertisement will be repeated. Late delivery of materials will incur forfeiture of space at full cost.
- Cancellation Policy: No cancellation, including those sent via e-mail, will be accepted without written acknowledgement from The Company confirming receipt. Any order canceled after the reservation deadline stated in the media kit is subject to a 100% cancellation fee.
Website
- All banner and keyword positions are sold on a first come/first served basis. A signed insertion order is required before an ad can be posted on any website.
- ROS banner ads may be changed once per month at no charge.
- The Company is not liable for any failure or technical issues that limit access to the website.
- The Company may, at their discretion, agree to enter campaign delivery details into third-party or client-controlled tracking platforms, but failure to do so shall not impact campaign fulfillment or billing.
- Deadlines:
- Website material deadlines vary by product and brand. Please contact your Sales Executive and [email protected] for exact dates ads: If banner material is received after the scheduled campaign start date, every attempt will be made to achieve impression volume booked, but The Advertiser is still responsible for payment of full insertion order cost even if full impression volume is not met.
- For time-based ads: If banner material is received after the scheduled campaign start date, the end date shall not be extended.
- Cancellation Policy: Cancellations made 30 days or fewer prior to the campaign start date are subject to a 100% cancellation fee.
Newsletters
- Deadlines: Website material deadlines vary by product and brand. Please contact your Sales Executive and [email protected] for exact dates
- Cancellation Policy: Cancellations made 30 days or fewer prior to the campaign start date are subject to a 100% cancellation fee.
Social Media
- Material Deadline: Material deadlines vary by product and brand. Please contact your Sales Executive and [email protected] for exact dates
- Cancellation Policy: Cancellations made 30 days or fewer prior to the campaign start date are subject to a 100% cancellation fee.
- IMPORTANT NOTE: Creatives that explicitly advertise pharmaceuticals, or feature images of products packaged in a similar fashion, could be rejected for their content by social media platforms. Likewise, most social platforms prohibit the paid promotion of sweepstakes as gambling, even if there is no cost and no monetary prize.
- The Advertiser is responsible for ensuring creative complies with social media platform content requirements. If creative is rejected, The Company will notify The Advertiser, and The Advertiser may provide one revised set of creatives. If additional creative is rejected, the campaign shall be cancelled and money forfeited by the client.
Custom Content and Multimedia
(Summits, Webinars, Live, Podcasts, eBooks, Drive, Roundtables, Spotlights/Supplements, Market Insights Survey)
- Date Changes: Live/launch date changes requested by The Advertiser 60 days or fewer prior to the scheduled live/launch date shown in the insertion order incur a 25% change fee.
- Cancellation Policy: Cancellations made 60 days or fewer prior to the scheduled live/launch date shown in the insertion order incur a 100% cancellation fee.
- eBook Change Fees: More than two (2) rounds of revisions (proofs and/or changes) incur a fee of $450 per additional round of revisions. Once published, more than one (1) round of revisions (proofs and/or changes) incur a fee of $500 per additional round of revisions.
Third-Party Email/Precision-Targeted Email
- The Third-Party Email (Also referred to as “Precision-Targeted Email”) Contract is entered into as of the date specified by and between The Company and the Advertiser named above, and grants to The Advertiser the limited, nonexclusive, nontransferable rights described in this Contract to deploy messaging to the selected email addresses (the “List”) derived from lists and databases of The Company (collectively, “List Owners”). The Advertiser understands and agrees that The Company reserves the right, any time prior to deployment, to accept or reject any order (including previously accepted orders) at its sole discretion. The Advertiser agrees that the List is a very valuable proprietary asset of the List Owners and remains at all times the exclusive property of the List Owners and protected under copyright, trade secret, and other intellectual property and proprietary rights laws, and by this Contract.
- The Advertiser agrees that this Contract grants only the one-time, nonexclusive, nontransferable right to deploy one email transmission of a message (hereinafter “Content/Creative”) to the List, the text of which shall be provided by The Advertiser in advance for The Company’s express and specific preapproval which may be given or withheld under The Company’s sole discretion. The Advertiser warrants and agrees that each Content/Creative when provided by The Advertiser for transmission by The Company will not contain any data-gathering or depositing device, including but not limited to “cookies” and/or opt-out devices through The Advertiser. The Advertiser represents, warrants, and covenants that the Content/Creative will not contain: (a) any misleading or deceptive information, or any misrepresentation with respect to products or services offered by The Advertiser or its advertisers; (b) any information, audio, video, graphics, software, or other works in violation of any person’s copyright, trademark or any other intellectual property rights; (c) any deceptive information which would imply affiliation or sponsorship of any entity or person other than The Advertiser without the written consent of such entity or person; or (d) any virus, worm, “trojan horse”, or similar contaminating or destructive feature.
- The Company shall include in the Content/Creative in a clear and conspicuous manner, (i) an Opt-Out Mechanism accompanied by The Company’s standard disclosure regarding the ability to opt-out of future commercial email messages from The Advertiser; and (ii) a disclosure that the email is an advertisement or solicitation. Publisher may include such other disclosures and information it believes are required under applicable law.
- The Advertiser shall provide The Company a complete and accurate list (“Opt-Out Suppression List”) of all email addresses for which The Advertiser has received a request not to receive commercial email messages (“Opt-Out Requests”) from The Advertiser. The Advertiser represents, warrants, and covenants that the Opt-Out Suppression List is and will be complete and accurate as of the date it is provided.
- Prior to deployment of the Content/Creative, The Company shall suppress (match and eliminate) the applicable Opt-Out Suppression List(s) of all email addresses provided by The Advertiser in accordance with the preceding paragraph (4).
- The Company represents, warrants, and covenants that it will treat the Opt-Out Suppression List as confidential information of The Advertiser and use it only for the purpose of complying with the law. The Advertiser hereby grants The Company and its third-party service providers a limited right and license to the Content/Creative (including but not limited to The Advertiser’s trademarks, trade names, service marks, logos contained therein), including rights to reproduce, store on its servers, distribute, transmit, perform, display, and, for formatting purposes, modify such Content/Creative, solely as necessary for fulfillment of the transmission contemplated by this Contract. The Company acknowledges and agrees that the Content/Creative, including The Advertiser marks used in any Content/Creative, are owned by The Advertiser and will only be used in The Advertiser approved Content/Creative, unless otherwise agreed to in writing by The Advertiser.
- In consideration of The Company’s undertakings, and the limited license granted to The Advertiser, herewith, The Advertiser shall pay The Company the usage fee specified on the List Rental/Precision-Targeted Email Insertion Order, with a 5,000-name minimum for each order.
- Unless otherwise agreed to in writing by The Company, each List Rental/Precision-Targeted Email Insertion Order must be unique content and creative not previously sent in any previous List Rental/Precision-Targeted Email Insertion Orders.
- Cancellation Policy: Cancellations 30 days or fewer prior to the campaign deployment date are subject to a 100% cancellation fee.
Rev September 2024
All terms & conditions are subject to change without notice.