Applicability of Terms
These advertising terms shall apply to all print, online, and email Advertisements (“Advertisements”) that are submitted to the Washington Association of Landscape Professionals (WALP), and which WALP accepts for publication. For the purposes of these Terms and Conditions, “WALP print media and/or WALP digital media” shall refer to all publications in which the Washington Association of Landscape Professionals offers advertising space. The Advertiser, by submitting an Advertisement to WALP, agrees to be bound by these Terms and Conditions. “Advertiser” shall be defined to include any agent, broker, or other intermediary submitting an Advertisement, as well as the ultimate customer whose products or services are advertised in the Advertisement. An Advertiser’s standard terms and conditions shall not apply.
WALP Advertising Standards
All ads submitted for publication must comply with applicable U.S. and International laws, and may not be indecent, obscene, or defamatory. All advertising is subject to WALP’s approval. WALP reserves the right to refuse any advertisement at its sole discretion for any reason whatsoever, including without limitation for offensive or inappropriate content.
Advertising Specifications
All accepted Advertisements must comply with the relevant advertising specifications. WALP has the right to request or make changes to an Advertisement to the extent it reasonably believes necessary to comply with the Can-Spam Act and/or federal or state advertising laws. This includes, without limitation and by way of example only, by modifying the subject line of an email advertisement or adding an “ADVERTISEMENT” label to content that appears to be editorial in nature.
WALP will replace advertisers artwork on WALP’s digital platforms up to twice per month. Advertisers must submit their requests for ad replacement via email.
Payment Terms
Current advertising rates apply and may be changed by WALP without notice. Where invoicing is requested, Advertiser agrees to pay net 30 days. Payments are accepted via check and credit card (MasterCard, VISA, and Discover). A penalty of 1.5% per month may accrue after 60 days. Earned rates for ads are based on the number of print insertions placed within a 12-month period.
Completion of the advertising contract does not guarantee acceptance. WALP reserves the right to reject any advertisement applications and to alter the terms and conditions with or without notice.
Cancellation
Written cancellation of an order must be received by deadline submission date to receive a refund of purchase less a 30% processing fee. No cancellation will be accepted without written acknowledgment from WALP confirming receipt.
Any order canceled after the deadline submission for advertisement(s) will incur the full insertion cost. Late delivery of materials may incur forfeiture of space at full cost.
Advertisers are permitted to have their posting removed from digital platforms at any time per the aforementioned cancellation/refund policy. Advertisers must submit this request in writing. The advertiser will not be refunded for any ads that have been already run on the WALP digital platforms.
Intellectual Property Rights
You retain copyright of your Advertisements. By submitting Advertisements, however, you hereby grant WALP worldwide, irrevocable, non-exclusive, and transferable license to reproduce the Advertisement, including any trademarks therein, and including without limitation in any future archive or database in any medium, now known or later invented.
Warranties and Indemnity
Advertiser warrants and represents that the Advertisement does not contain any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Advertiser is the owner of such rights or has permission from their rightful owner for purpose of the Advertisement. By submitting an Advertisement, Advertiser represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions. The advertiser also represents and warrants that an Advertisement is not defamatory or libelous, obscene, or contrary to applicable local, national, and international laws and regulations.
Advertiser agrees to defend, indemnify, and hold harmless WALP and all of its officers, directors, employees, members, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach, or alleged breach, of the warranties identified in this section.
Limitation on Liability, Disputes
In no event shall WALP, its officers, directors, employees, members, and agents be liable to the Advertiser for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever relating to the Advertisement. Any liability by WALP shall be limited to the amount paid for an Advertisement. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Miscellaneous Provisions
Should any provision in these Advertising Terms and Conditions be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Advertising Terms and Conditions.
No alterations or variations of the Advertising Terms and Conditions shall be valid unless made in writing. Neither the failure of WALP to enforce at any time any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of WALP afterward to enforce that or any other provision. This Agreement may not be amended, nor any obligation waived, except in writing and signed by an authorized representative of WALP.
For more information on exhibiting at WALP’s Annual Conference please contact the WALP Office at (360) 350-4464 or email [email protected].