Advertising and Promotions Policy

The following guidelines have been established by SOLSTICE PUBLICATIONS to govern various aspects of Advertising on its publications, which includes its Internet publications, websites, weblogs, e-books, videos, podcasts and audio publications and any other publications in electronic-, print- or any other format or carrier used by SOLSTICE PUBLICATIONS for the publication and/or distribution of its products.

As used herein, the terms “Advertising” and “Advertisements” include third party banners, badges, contextual Advertising, Sponsored Content, and Promotions. The guidelines in this policy govern issues like acceptance of Advertisements and Promotions by SOLSTICE PUBLICATIONS, how Advertisements and Promotions are displayed in its publications, and the removal of Advertisements and Promotions from any or all of its publications.

SOLSTICE PUBLICATIONS may redesign its publications or any of its products or content thereof at any time and at its sole discretion. If any redesign materially and adversely affects the placement of one or more Advertisements, or if SOLSTICE PUBLICATIONS is otherwise unable to display such Advertisements, SOLSTICE PUBLICATIONS will work with Advertiser to display the affected advertisements elsewhere in comparable areas in its publications.

SOLSTICE PUBLICATIONS has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with Advertising in its publications. SOLSTICE PUBLICATIONS may change this policy at any time in its sole discretion by posting a revised policy to applicable publications.

SOLSTICE PUBLICATIONS has sole discretion for determining the types of Advertising that will be accepted and displayed in its publications, and under no circumstances will SOLSTICE PUBLICATIONS’ acceptance of any Advertisement be considered an endorsement of the product(s) and/or service(s) advertised or for the company that manufactures, distributes, or promotes the products or services.

SOLSTICE PUBLICATIONS reserves the right to reject, cancel, or remove at any time any Advertising from its products for any reason and will provide prompt notice to the advertiser upon rejection, cancellation, or removal of any Advertising, together with an explanation following the rejection, cancellation, or removal. SOLSTICE PUBLICATIONS also reserves the right to determine the appropriate placement of the Advertising in any of its publications.

Advertisers must provide all necessary artwork and active links to SOLSTICE PUBLICATIONS as described in the Advertising Specifications.

SOLSTICE PUBLICATIONS will not accept Advertising that, in its opinion, is not factually accurate, in good taste or does not satisfy its standards of esthetic presentation. SOLSTICE PUBLICATIONS is entitled to reject or discontinue any Advertisements at any time. In such event, Advertisers are only responsible for the Pro-Rata Portion of payments due up to the time of discontinuation.

There are certain categories of advertisements that SOLSTICE PUBLICATIONS will not permit in its publications at any time. These categories include but are not limited to the following:

• Illegal or objectionable products
• Fraudulent, deceptive, illicit, misleading or offensive material
• Material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual or group on the basis of age, national origin, race, religion, gender, sexual orientation, marital status, disability or any other status deemed inappropriate for its publications
• Alcohol
• Tobacco
• Weapons, firearms, ammunition, or fireworks
• Gambling
• Pornography or related themes
• The simulation of news or an emergency
• Material that directly advertises products to or is intended to attract children
• Media or messages or content not suitable for a general audience
• Unreasonable, unlikely or extraordinary product or service claims
• Media or messages that contain unsubstantiated “miracle” claims of cure and other scientifically unsubstantiated health effects
• Advertising units that extend beyond the defined advertising space or interfere with the content or impact the readability of the content without user initiation
• Advertising units that do not stay within the defined advertising space, such as scroll- or pop-up menus
• Advertising units that mimic computer functions or deceptively indicate a computer or other function that would be reasonable to the average user to assume as a reason to click the unit
• Interactive media units with data capture fields
• Interactive media units with personalized or diagnostic assessments

Advertisers must only offer products or services, which are readily available. The Advertising must also clearly identify the advertiser. Any Advertising that could be misconstrued as editorial content will be clearly labeled as “Advertising.”

Advertiser shall bear full responsibility for all products or services offered, sold, or licensed through the advertisements or the Advertiser’s website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services.

SOLSTICE PUBLICATIONS recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All Advertising, promotional, sponsored or marketing content in its products will be clearly and unambiguously identified. SOLSTICE PUBLICATIONS will not allow any Advertising in its products that is not clearly identified as “Advertisement.”

A click on an Advertisement may only link the end user to the third-party advertiser’s site or to relevant sponsored content area in its products.

SOLSTICE PUBLICATIONS retains the exclusive right to determine how any and all search results for specific information by keyword or topic are displayed in its publications. SOLSTICE PUBLICATIONS search results are not influenced based on monetary incentives provided by Advertisers or Sponsors.

While third party (sponsor-produced) content must adhere to SOLSTICE PUBLICATIONS’ Advertising Policy, Sponsored Content must convey information to help end users understand the differences between SOLSTICE PUBLICATIONS content and Sponsored content.

Advertising may not link directly to a registration/email capture page. Any user registration or e-mail capture pages resulting from an ad click must be, at minimum, two clicks away from the original Advertisement. Publications by SOLSTICE PUBLICATIONS will not run Advertising that requires registration and/or log-in in order to view a significant portion of the content of the Advertising or the related site. SOLSTICE PUBLICATIONS reserves the right to determine what level is considered “significant.”

It is the Advertiser’s responsibility to comply with all applicable domestic and foreign laws, including applicable laws and regulations of regulatory bodies. This includes pharmaceutical advertising to physicians and consumers that must comply with FDA guidelines for Direct to Physician (DTP) and Direct to Consumer (DTC) advertising. SOLSTICE PUBLICATIONS will not monitor compliance with applicable laws and regulations. However, SOLSTICE PUBLICATIONS reserves the right to review all Advertising for compliance with applicable laws and regulations and, if SOLSTICE PUBLICATIONS becomes aware of any breach or potential breach of any applicable law or regulation or of these guidelines, SOLSTICE PUBLICATIONS may remove the Advertising without prior notice.

No Advertising shall include video files, flash files, pop-up menus, animations, loops or any other type of information collection software code and shall not place any beacons, cookies or other information collection devices on the browsers of visitors and users of SOLSTICE PUBLICATIONS products, unless expressly approved in writing by SOLSTICE PUBLICATIONS.

No Advertising will be allowed in publications by SOLSTICE PUBLICATION or in connection with any of its products that could injure the good name or reputation of SOLSTICE PUBLICATIONS or any of its publications or products.

Legal Terms and Conditions

License and warranties
Advertisers grant SOLSTICE PUBLICATIONS the right to display, transmit and promote the Advertisements together with any content or materials on any site linked to the advertisements through publications or products by SOLSTICE PUBLICATIONS. Advertisers certify to have all necessary rights and permissions to offer, sell and/or license such products and services through the Advertisements and the Advertisers’ own publications, and that the Advertisements and the Advertisers’ own publications do not and will not violate any applicable laws or regulations or any third-party rights, including, without limitation, intellectual property rights, or contain any libelous or defamatory materials. Advertisers certify that the Advertisements and the Advertisers’ own publications will at all times comply with all standards, written policies applicable to SOLSTICE PUBLICATIONS, including the privacy policies and advertising specifications.

SOLSTICE PUBLICATIONS Trademarks
Advertisers shall not use, display or modify SOLSTICE PUBLICATIONS’ trademarks in any manner without the prior written consent of SOLSTICE PUBLICATIONS.

Limitation of liability, disclaimer, indemnification
Except in connection with the confidentiality, solicitation, tax and indemnity provisions herein, damages under this agreement shall be limited to direct damages. SOLSTICE PUBLICATIONS does not make and specifically disclaims any representations or warranties, express or implied, and under no circumstances will SOLSTICE PUBLICATIONS aggregate liability hereunder or in connection herewith, including, without limitation, in respect of the indemnity specifications below, exceed the advertising fees actually paid by Advertisers to SOLSTICE PUBLICATIONS hereunder, and each party hereby agrees: To indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, distributors, franchises and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by indemnifying party of any duty, representation or warranty under these Terms and Condition.

Related limitations and covenants
Neither SOLSTICE PUBLICATIONS nor its affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any Advertisement beyond liability to give the advertiser or advertising agency credit for so much of the space occupied by the Advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.

SOLSTICE PUBLICATIONS does not guarantee any given level of circulation, distribution, reach or readership for any advertisement.

Advertisers assume all liability for their Advertising, all content, including text representation, photo images, illustrations, updates and links to other Internet content of advertisements published and also assume responsibility for any claims made against SOLSTICE PUBLICATIONS or its affiliates, including all costs associated with defending any such claim.

SOLSTICE PUBLICATIONS shall not be liable to the Advertisers for any technical malfunction, computer error or loss of data or other injury, damage or disruption to Advertisements or any of the Advertisers’ own publications.

In the event an account is referred to a third party for collection, Advertisers agree to pay all collection fees, including attorneys’ fees and court costs incurred to effect collection.

Solicitation, privacy policy, user information
Advertisers shall not send unsolicited, commercial email or other communications (e.g., “spam”) through or into any publications or products by SOLSTICE PUBLICATIONS and shall comply with all standard SOLSTICE PUBLICATIONS e-mail policies.

Advertisers shall ensure that the collection, use and disclosure of information obtained from SOLSTICE PUBLICATIONS users are in compliance with all applicable laws, regulations and privacy policies.

Advertisers shall not disclose such user information to any party, nor shall Advertisers use or allow any other party to use such information in any form or manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with SOLSTICE PUBLICATIONS. This section shall survive the completion, expiration, termination or cancellation of all agreements between Advertisers and SOLSTICE PUBLICATIONS for a period of two (2) years.

Confidentiality
Both parties will keep the existence and terms of its agreements confidential, and neither party will publish or release any information related hereto without the prior written consent of the other party.

Termination
Either party may terminate its agreements in the event of a material breach of its provisions by the other party, which remains uncured after ten (10) days written notice thereof. In addition, SOLSTICE PUBLICATIONS may terminate its agreements in parts or in whole upon material breach by Advertisers of any other agreements between the parties which is not cured within cure period set forth in such agreement. If SOLSTICE PUBLICATIONS terminates its agreements due to Advertisers’ material breach of any requirement or provisions of its agreements or of any other written agreements with SOLSTICE PUBLICATIONS, all of the Advertisers’ payment obligations hereunder shall survive such termination. If Advertisers terminate its agreements due to SOLSTICE PUBLICATIONS’ material breach of its agreements, Advertiser will be responsible only for the Pro-Rata Portion of payments.

SOLSTICE PUBLICATIONS may terminate its agreements at any time for any reason upon thirty (30) days written notice to Advertisers or upon such shorter notice as may be designated by SOLSTICE PUBLICATIONS in the event that SOLSTICE PUBLICATIONS believes in good faith that further display of the Advertisements will expose SOLSTICE PUBLICATIONS to liability or other adverse consequences. In such event, Advertisers will be responsible only for the Pro-Rata Portion of payments.

Miscellaneous
This sets forth the entire agreement between Advertisers and SOLSTICE PUBLICATIONS with respect to the transactions set forth herein, and supersedes any and all prior agreements of SOLSTICE PUBLICATIONS or Advertisers with respect to such transactions. If a third party, e.g. advertising agency or any other representative agent of the Advertisers, enters into any agreements on behalf of Advertisers, the third party thereby represents and warrants that it has full authority to bind the Advertisers to the terms of its agreements and that it will ensure that the Advertisers will comply with all such terms.

Advertisers shall not make any assignment of agreements or any rights benefits or obligations hereunder, including, without limitation, by way of merger or consolidation, without the prior written consent of SOLSTICE PUBLICATIONS. In the event of an assignment, the existing agreements shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.

All agreements between Advertisers and SOLSTICE PUBLICATIONS shall be interpreted, construed and enforced in accordance with the laws of the State of Washington, except for its conflicts of laws principles. Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Washington and the federal courts situated in the State of Washington in connection with any action arising under the agreements.