1. All advertisements are subject to approval of Texas Parks & Wildlife Department (Publisher), which reserves the right to reject or cancel any ad at any time if the ad does not conform to the editorial or graphic standards of the magazine as determined by the Publisher.
2. All advertisements are accepted and published by Publisher on the warranty of the agency and advertiser that both are authorized to publish the entire contents and subject matter of the advertisement.
3. In consideration of publication of an advertisement, the advertiser and the agency, jointly and severally, agree to indemnify and hold harmless Publisher, its officers, agents and employees against expenses (including legal fees) and losses resulting from the publication of the contents of the advertisement, including, without limitation, claims or suits for libel, violation of privacy, copyright infringement or plagiarism.
4. Publisher will not be liable for any failure to publish any advertisement accepted by Publisher; however, Publisher shall use its reasonable efforts to place such advertisement in subsequent available space.
5. All advertisements must clearly and prominently identify the advertiser by trademark or signature. The word "ADVERTISING" will be printed on ads that might be confused with editorial pages.
6. Any references to Publisher or its products or services in advertisements, promotional material or merchandising by the advertiser or agency are subject to Publisher's written approval for such use.
7. All advertising contract position clauses are treated as requests. Publisher cannot guarantee fixed positioning except for covers and premium placement insertion orders — first come first served.
8. Publisher is not responsible for any damages for errors in displaying or printing an ad.
9. Publisher may change the terms set forth herein at any time, provided that no such change applies to ads whose closing date precedes the announcement of the change.
10. Publisher will not be bound by any condition, printed or otherwise, appearing on any insertion order or copy instructions when such conditions conflict with the conditions set forth in the rate card.
11. In the event of nonpayment, Publisher reserves the right to hold advertiser and/or its advertising agency jointly and severally liable for such monies as are past due and payable to Publisher.
12. Advertisements that are not appropriate for viewing by youth will not be accepted. Advertisements will not be accepted for tobacco or alcohol products. (Tex. Parks & Wild. Code §11.172(c); 31 Tex. Admin. Code §51.72. Other products that are not compatible with the mission of the Texas Parks and Wildlife Department will also not be accepted.
13. Advertisers must keep in mind the diverse audience of the magazine when determining the suitability of an ad. That audience includes hunters, anglers, campers, bird watchers, state parks visitors, other outdoor enthusiasts and readers of all ages including children.
14. The inclusion of ads does not imply endorsement of the products or services by the Publisher. The magazine shall not be responsible for any loss or damage of any kind incurred as a result of the ad.
15. Advertisers are advised that the magazine is published in support of the mission of the Texas Parks and Wildlife Department to manage and conserve the natural and cultural resources of Texas and provide hunting, fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations. (TEX. PARKS & WILD. CODE §§1.011, §11.043(c)(6), §13.001, §13.005). Advertising must be compatible with this mission.