Acceptance of all advertising orders by Publisher is expressly conditioned on and subject to the following terms and conditions. As used in these paragraphs, “Publisher” means this publication, its parent(s), subsidiaries and affiliates.
Payment must accompany all orders unless credit has been approved. The undersigned personally guarantees payment to Agent Publishing LLC, hereinafter called the Publisher, for previous, present and future advertising duly charged to the above business or corporation, hereinafter called the Customer, which shall include, without limitation, advertising placed by any officer, employee or agent of the Customer. I also agree to pay all cost of collection, including reasonable attorney’s fees in the event of default of payment by the Customer or the Guarantor. Customer agrees to pay service charges of 1 and 1/2% per month from the due date of each invoice to date of payment.
Cancellation of multiple insertion contracts will result in short-rate charges for the inserted ads plus a processing fee of $100. Cancellations must be received in writing 30 days prior to ad closing date.
On all advertising placed by any advertising agency, the advertising agency is obligated to pay for all advertisements even if those advertisements are placed on behalf of its principal, and regardless of whether the agency receives payments from its principal for its services or for placement of the advertisements. The agent’s obligation and undertaking to pay for the advertising shall not affect the principal’s underlying obligation to pay for advertisements, regardless of whether it has paid its agent for placement of any advertising.
Agent Publishing LLC reserves the right to reject any advertising copy, or cancel any advertising at any time for reasons satisfactory to the management, without penalty to either party. It is the responsibility of the advertiser to check the correctness of each insertion of an advertisement. The Publisher assumes no responsibility for the errors in advertising ordered or for missed deadlines.
Changes to ads must be received in writing by the closing date of the issue in which the changes are to appear.
All artwork on all multiple insertion contracts will be picked up from the previously placed ad unless new artwork is submitted prior to the material submission deadline.
Positioning of ads is at the discretion of the publisher. All advertisement contents are subject to Publisher’s approval.
Publication dates, pricing, material and advertising reservation deadlines are subject to change.
The advertiser agrees to protect and indemnify the Publisher against any and all liability, loss or expense arising from claims for libel, unfair competition, unfair trade practices, plagiarism, infringement of trademark, trade names or patents, or copyrights or violation of rights of privacy resulting from publication by the Publisher of the advertiser’s advertisement. Advertiser agrees that Publisher’s liability in relation to any act, omission, failure to publish, mistake, and/or error in the printing/publishing of any advertisement shall not exceed the amount paid for such advertisement; and in the event of an error shall, at Publisher’s option, be limited to the actual cost of the space occupied by the error, or cost of insertions for preprints in which the error occurred. Under no circumstances shall Publisher ever be liable for any indirect, consequential or special damages, and/or any other costs arising out or related to any act, omission, failure to publish, mistake, and/or error in the printing/publishing of advertising. Publisher will not be liable for failure to furnish advertising space or to publish any advertisement due to strikes, labor disputes, government action, act of God, war, fire, breakdown of equipment, or any other circumstances beyond the Publisher’s control. Advertiser agrees to indemnify and hold Publisher harmless from and against any and all liability, loss or expense (including reasonable attorneys fees and similar expenses) arising from any claims, including but not limited to, libel, unfair competition, unfair trade practices, plagiarism, infringement of trademark, trade names or patents, or copyrights or violation of rights of privacy resulting from publication by Publisher of any advertisements.
ADDITIONAL TERMS AND CONDITIONS FOR WHO’S WHO IN RESIDENTIAL REAL ESTATE:
Who’s Who participants are invited through our nomination process, and acceptance into the issue is at the sole discretion of Agent Publishing LLC. There are many moving parts to creating this special issue, and we expect that our participants understand that we have deadlines, many locations, and people to schedule, and they will do their best to work within the process we provide. We also understand that some people may have conflicts and need to reschedule shoots, request bio rewrites, or cancel. This can be done under the terms and conditions below:
All agent and lender teams shot together must be bona fide teams, meaning that they work together under the same numbers. Teams cannot be agents or lenders who simply work in the same office, are friends, relations, or share some business activities together. There are some exceptions for corporate leadership, associations, and affiliates at the sole discretion of Agent Publishing LLC.
THE BIO PROCESS
After signing up to participate, each participant will be sent questions about their career, and our writers will turn those answers into a bio. The participant can have up to two rounds of revisions. Any participant who does not return their questions within two weeks of their deadline may be removed from the issue and refunded 50% of the fee. For those who have participated in previous years, we can send your past bio for an update if you like. We will not use bios that have been written previously by other sources or used in other places.
THE PHOTOSHOOT PROCESS
Each participant will be sent photoshoot locations, dates, and times available. We understand that participants are busy, and we try to work with each participant to find a photoshoot location that suits their availability; however, photoshoot dates, times and locations can be selected for the participant by Agent Publishing if there have been three attempts by our team to include you in the scheduling without getting a response from you. If no time, dates, or locations work for you, you must let us know that you are canceling within three days. If your bio has not been started, you’ll get a full refund.
REWRITES AND RESHOOTS
All bio rewrites or a photo reshoots are at the sole discretion of Agent Publishing LLC. All rewrites and reshoots are subject to an additional fee and can only be shot while the scheduled photoshoot dates are still in process. Participants may supply their own photo if it meets our parameters and is approved by Agent Publishing LLC.
All participants can view the shoot locations online by searching the address before they schedule their shoot. There are no reshoots or refunds due to location or photo background without an additional fee. If a participant doesn’t want to shoot at a particular location, they must inform us before scheduling the shoot.
PHOTOSHOOT RESCHEDULING FEE
If a participant schedules a photoshoot and cancels within 48 hours, they must pay an $75 reschedule fee. If the fee is unpaid, the participant may be pulled from the issue with no refund.
REFUNDS AND CANCELLATIONS
If you need to cancel, please contact us to see if a refund is available. There are no full refunds unless canceled within 15 days of purchase and prior to any work started on the bio or photoshoot. If there has been a bio started or a photo taken, or more than 15 days have passed since purchase, then refunds will be at 50%. If there are extenuating circumstances, please contact us.
OWNERSHIP OF YOUR PROFILE
You do not own your profile photo or bio; however, you share the license to use it with Agent Publishing LLC. The party that paid us the fee is the party who shares the license with us. If the participant isn’t the payer and they move companies or ask for their profiles to be updated, they will need to get permission from the payer.
USE OF PHOTOS AND BIOS
Participants have license to use the photos taken for our Who’s Who features under the following conditions:
All photos that are not shown along with the full profile or our magazine logo, must show the following credit: Photo courtesy of Phoenix Agent Magazine. You may use your bio for other marketing purposes. Please feel free to contact us if you’d like express permissions.