TERMS AND CONDITIONS

ADVERTISEMENT WILL NOT BE HONORED UNLESS DUES ARE PAID IN FULL. IF AD IS PULLED FOR NONPAYMENT OF DUES, NO REFUNDS WILL BE ISSUED FOR ANY AD PAYMENTS. IT IS THE SOLE RESPONSIBILITY OF THE ADVERTISER TO PROVIDE ADS IN THE PROPER FORMAT ON TIME TO THE CHAMBER. PLEASE NOTE THAT THE CHAMBER OF COMMERCE TAKES NO RESPONSIBILITY FOR THE CONDITION OF ADS RECEIVED, INCLUDING SPELLING AND GRAMMAR. THE CHAMBER RESERVES THE RIGHT TO REFUSE ANY ADVERTISEMENTS THAT IT DEEMS INAPPROPRIATE FOR PUBLICATION. ALL AD MATERIALS WILL BE HELD BY THE CHAMBER FOR ONE YEAR FROM THE PUBLICATION’S RELEASE DATE. IT IS THE SOLE RESPONSIBILITY OF THE ADVERTISER TO RECLAIM MATERIALS WITHIN THAT YEAR. THE CHAMBER WILL NOT ISSUE REFUNDS FOR ADVERTISING FOR ANY REASON.

A. IF DUES ARE NOT PAID IN FULL, ALL ADVERTISING WILL BE PULLED AND THE APPLICANT WILL FORFEIT ALL MONEY PAID FOR SAID AD.

B. The attached application for listing or placing an advertisement (“Ad”) with the Martha’s Vineyard Chamber of Commerce, Inc. (“Chamber”) has been presented to you by a Sales Representative (live or virtual). This Representative has NO AUTHORITY to agree to the Ad’s content or publication or to bind the Chamber in any manner.

C The Chamber reserves the right to accept or reject any Ad for publication, in print or on the Chamber’s website or any electronic version thereof. Publication of an Ad in an issue of a Publication or on the Chamber’s website or any electronic version thereof shall constitute acceptance of this Application by the Chamber with respect to such Ad for such issue of the Publication or on the Chamber’s website or any electronic version thereof only. This Application may NOT be cancelled by the Applicant. With respect to succeeding issues of a Publication or on the Chamber’s website or any electronic version thereof, the Applicant may withdraw any or all Ads from this Application for forthcoming issues. The Chamber reserves the right to discontinue any issue of a Publication or on the Chamber’s website or any electronic version thereof.

D. The publication of an Ad by the Chamber shall not constitute approval or endorsement by the Chamber of any product or service identified or referred to in such Ad, and the Applicant shall not make any representation to any person to the contrary. The Applicant agrees that acceptance of an Ad for publication shall not restrict the right of the Chamber to publish Ads of any other person or entity in any Publication or on the Chamber’s website or any electronic version thereof, including without limitation, the Ads of any competitor of the Applicant. The Chamber reserves the right at any time to restrict, refuse or discontinue publication of any Ad in any Publication or on the Chamber’s website or any electronic version thereof.

E. All advertising material ("Advertising Copy") for Ads shall be furnished by the Applicant and is subject to approval by the Chamber as to matters of content, form, size, wording, illustration, typography, and otherwise. The Chamber will charge the Applicant a service charge for failure to provide usable ad copy, or withdrawal of an Ad insertion order after the final Ad deadline on the attached application.

F. The Chamber may control the form and appearance of any issue of any Publication or on the Chamber’s website or any electronic version thereof, including without limitation, selection of all headings, and will enter under any heading which appears in such Publication or on the Chamber’s website or any electronic version thereof only those Ads which the Chamber determines should be included there under.

G. The Applicant represents and warrants to the Chamber that the Applicant has full right and authority to use, and to use in the manner set forth in any Advertising Copy submitted by the Applicant to the Chamber with respect to an Ad, each copyrighted item, image, trademark, trade name, service mark, and all other proprietary and non-proprietary items contained therein. The Applicant shall give prompt written notice to the Chamber of any termination of, material change in, or proceedings contesting any such right or authority, and indemnifies and holds harmless the Chamber on account of any claims, charges or causes of action arising from improper or illegal use by the Applicant of Advertising Copy submitted to the Chamber. The Applicant shall be solely responsible for the protection and enforcement of its copyrights, trademarks, trade names or other proprietary rights with respect to its Ads. The Applicant agrees that the Chamber shall retain, and shall have the right to apply for registration of the Chamber's copyright in each Publication or on the Chamber’s website or any electronic version or portion thereof, and that any such copyright is for the sole benefit of the Chamber.

H. The representations and warranties of the Applicant contained herein and the obligations of the Applicant hereunder shall survive publication of any Ads by the Chamber and the termination of this Application. This Application contains the entire understanding of the parties and supersedes any and all prior understandings and any earlier agreements for the publication of advertising between the Applicant and the Chamber or any of its respective predecessors, may only be amended in writing signed by the parties, and shall be governed by the laws of the Commonwealth of Massachusetts.

J. IN THE EVENT OF ANY ERROR IN OR OMISSION OF ALL OR ANY PART OF AN AD IN THE ISSUE OF THE PUBLICATION OR ON THE CHAMBER’S WEBSITE OR ANY ELECTRONIC VERSION THEREOF, LIABILITY OF THE CHAMBER SHALL BE LIMITED TO A PRO RATA ABATEMENT OF THE CHARGES PAYABLE FOR SUCH AD DURING THE ISSUE PERIOD OF THE PUBLICATION OR ON THE CHAMBER’S WEBSITE OR ANY ELECTRONIC VERSION THEREOF IN WHICH SUCH ERROR OR OMISSION OCCURS IN THE SAME PROPORTION THAT SUCH ERROR OR OMISSION REDUCES THE VALUE OF THE ENTIRE AD IN SUCH PUBLICATION OR ON THE CHAMBER’S WEBSITE OR ELECTRONIC VERSION THEREOF. IN NO EVENT SHALL THE CHAMBER'S LIABILITY TO THE APPLICANT FOR ALL CLAIMS OF ANY KIND FOR LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM ANY SUCH ERROR OR OMISSION EXCEED THE TOTAL OF SUCH CHARGES PAYABLE TO THE CHAMBER FOR THE AD. IN NO EVENT SHALL THE CHAMBER BE LIABLE FOR ANY LOSS OF THE APPLICANT'S BUSINESS, REVENUES OR PROFITS, THE COST TO THE APPLICANT OF OTHER FORMS OF ADVERTISING, OR SPECIAL, CONSEQUENTIAL OR PENAL DAMAGES OF ANY NATURE.

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