Advertising Policy

I. Credit Payment and Terms

1. Advertisements must be paid in full for prior to publication deadline unless credit has been established by the advertiser and/or agency with Sing Tao Newspapers New York (referred herein as the Publisher). Acceptable forms of prepayment are cash, bank wire transfer, credit card or advertiser or agency guaranteed check. Cash discounts and advance payment discounts are not available unless otherwise stated on the rate card.

2. (a) Unless otherwise agreed with the Publisher, the Publisher is entitled to charge service fee and interest at the rate of 1.5% per month, or the maximum amount allowed by law, on any sum due to the Publisher by the advertiser/agency in the event that the advertiser/agency fails to settle the said sum within 7 days from the date the sum becomes due.
(b) Without prejudice to the right of the Publisher to charge interest as aforesaid, the publisher is further entitled to terminate this Agreement forthwith for non-payment of any sum due to the Publisher for more than 7 days.
(c) Should there is a default in payment requiring use of an attorney or collection firm, the publisher is entitled to charge advertiser an additional 35% on outstanding invoices for such services.
(d) Any bounced check will be charged $20 service fee for the first time within 30 days, and $40 each therefore.

3. Payment made is non-refundable. However, payment made for any order of advertisement which is subsequently cancelled may at the request of the advertiser and at the discretion of the Publisher be applied to settle another advertisement order of the same advertiser placed within 30 days from the date of such cancellation.

4. The advertiser and agency shall be jointly and severally liable to the Publisher for the payment.

5. (a) Any advertiser wishing to establish credit with the Publisher must request a credit application from Sing Tao Credit Department. Application requests can be made by phone, fax or e-mail. Completed applications should be returned to Sing Tao Credit Department for evaluation of credit standing. If credit is granted, the Publisher will establish a credit limit and applicable payment terms. Advertisers and agencies granted credit will be billed weekly, biweekly or monthly for published advertisements, as is determined by the type of advertising and established credit terms.
(b) Credit would not be granted to advertisers out of state, in business for less than 1 year, or in certain unqualified industries. Unqualified industries include wireless communications, restaurant, car service/limo delivery, entertainment, and personal professional services.
(c) All preprint insert, as well as classified, election and one time event advertising must be prepaid even credit has been established.


II. Agency Recognitions And Commission

6. Commission of 15% will be granted only to the recognized advertising agencies. Application for agency recognition must be made with the Publisher prior to any advertising orders being placed or commission will not be granted.


III. Rate Policies

7. Advertising is accepted by the Publisher subject to all terms and conditions contained herein. Forwarding of an order by the advertiser constitutes acceptance by the advertiser of all rates and conditions that exist when the advertising is sold by the Publisher, and those of subsequent rate cards. Forwarding of an advertising order also indicates acceptance of the advertising acceptability policies of the Publisher. In the event of a conflict between the advertiser's order and the rate card, the rate card shall govern.

8. The terms and conditions of this rate card and all subsequent rate cards are incorporated into every advertising contract between the Publisher and the advertiser and/or agency. Submission of advertising subsequent to the receipt of such a contract constitutes acceptance of the terms and conditions of the contract.

9. The Publisher reserves the right to issue new rate cards and to revise its rates in writing, effective no less than five (5) days after distribution of the new rate card and/or of written notice of rate changes to the address of the advertisers or agency stated in a contract. Such written notice and/or revised rate card, as the case may be, shall become applicable on all the advertisement(s) ordered on or after the date specified in such notice or revised rate card.


IV. Contract Regulations

10. Each advertising entity will establish a separate advertising contract with the Publisher. Corporate affiliates are not automatically entitled to the contract benefits of each other. Two or more separate advertisements may not be submitted to fill a single standard unit space. Volume and frequency advertising discounts will be earned only on advertising inserted within one contract period term or a 12-month period, whichever is the less.

11. Contracts and insertion orders are not assignable or transferable by the Advertiser by whatever means without the prior written consent of the Publisher.

12. Cancellation or changes in orders over the telephone will be considered subject to written confirmation by the advertiser given on the same day. Such requests may not be entertained after the closing date. Failure to deliver advertising material or comply with specified cancellation deadlines may render the space reserved being forfeited. However, the advertisers are still liable to pay the full cost accordingly.

13. Unless otherwise agreed by the Publisher and/or a premium has been charged, specifications on the position of the advertisement, the use or barring the use of a particular page on which the advertisement is to be published shall be treated as request only. In no event will adjustments, reruns, or refund be made because of the position in which an advertisement has been published.

14. The Publisher will not be bound by any special clauses relating to legal liability, circulation guarantees or any other condition in contracts or insertion orders that conflict with its policies, unless the Publisher has specifically agreed in writing.

15. The Publisher shall not be held liable for failure to publish the advertisement as agreed or failure to fulfill the terms and conditions contained herein if such failure is caused directly or indirectly by fire, flood, earthquake, acts of God, strikes, lockouts, other labor difficulties, acts of the public enemy, riots, insurrections, government intervention and/or other cause or event beyond the control of the Publisher.


V. Content Policies

16. All advertising content must conform to the Publisher's requirements in terms of size, color, layout etc. of the advertisement as advised by the Publisher from time to time. Further, all preprinted advertising inserts must conform to the printing, packing and shipping requirements, as the case may be, of the Publisher. Such requirements are available upon request. Advertiser should consult the Publisher on its requirements in advance. In the event that the Publisher is required to make modification on the advertisement or extra labor work is incurred because of non-conformity of such requirements, the Publisher is entitled to charge further costs on such modification and extra labor cost incurred on an hourly basis. The Publisher gives no guarantee that all preprint will be inserted, or that every newspaper will include a particular preprint. The Publisher shall have no liability for incomplete insertion of any preprint.

17. Advertising orders with or without reproduction material must be accompanied by identifying copy. Drawing, art and articles for reproduction are accepted at advertiser's risk and should contain an identifying mark to facilitate return. The Publisher shall not be responsible and does not assume any liability for damage or loss to original printing material supplied.

18. The Advertiser shall be responsible for checking advertising content for any corrections. Written notice of errors and changes shall be given to the Publisher promptly and well before the publication deadline. Late request for correction will only be entertained at the Publisher's sole discretion. Notice of errors and correction should clearly and distinctly identify the error(s) proposed to be corrected and the proposed correction(s) in an unambiguous manner.

19. The Publisher shall not be liable for any errors in any advertisement, except for failure to correct the errors in accordance with the notice of errors and corrections given as prescribed above. The liability of the Publisher in any event shall not exceed the rates charged for the erred advertisement and/or shall be limited to providing a complimentary make-good advertisement on the date and position as the Publisher deems fit. Claims for errors must be made to the Publisher Advertising Department within ten (10) days from the date of invoice. Credit for errors is allowed only for the first insertion.

20. While every effort will be made to adhere to specified insertion date and position, the Publisher makes no guarantee that every advertisement will be published on the date requested unless otherwise specifically confirmed in writing. In the absence of such confirmation, the Publisher shall make no adjustment for advertisement not published on the date requested.

21. The Publisher reserves the right to revise or reject advertisements in accordance with standards of acceptability of the Publisher, to lighten or change type and borders, or to omit advertisements without notice. Placement of advertising is at the Publisher's discretion.

VI. Copyright and Trade Mark Warranty

22. The tender by the Advertiser of any advertisement shall constitute an undertaking by the Advertiser that
(a) the Advertiser has the right to authorize its publication and is fully authorized and licensed to use
(i) the names and/or the portraits or pictures of persons, living or dead, or of things;
(ii) any trademarks, service marks, copyright, proprietary or otherwise private material; and
(iii) any testimonials contained in any advertisement submitted by or on behalf of the Advertiser,
(b) that such advertisement is neither libelous, an invasion of privacy, a violation of any rights of any third party, or otherwise unlawful.

23. The Advertiser and/or its advertising agency agree, jointly and severally, to fully indemnify the Publisher, its stockholders, directors, officers and employees against any and all liability, damages, loss or expenses of whatsoever nature, including legal fee and costs, resulting from claims arising from the publication of advertisement, including but not limited to claims for libel, slander, unfair competition and unfair trade practices, infringement of trademark, copyrights, propriety rights, trade names or patents, and invasion or violation of right privacy resulting from publication of such advertisement.


VII. Advertising Acceptability Guidelines

24. The Publisher may decline to accept advertising that is misleading, inaccurate or fraudulent; that makes unfair competitive claims; or that fails to comply with its standards of decency and dignity.

25. If an advertisement contains any material which is deemed inappropriate in the opinion of the Publisher, the Publisher will attempt to negotiate changes with the advertiser; however, if changes cannot be agreed upon, the advertisement will be declined by the Publisher.

26. In addition, an advertisement must sometimes be declined because of the applicability of laws dealing with such matters as libel, copyright and trademark, the right to privacy, the sale of securities, the sale of real estate and political advertising. The Publisher has absolute discretion to accept or decline any advertisement with or without any explanation given to the advertiser or its agency.

27. The Publisher maintains clear separation between news and editorial matter and its advertisements. Accordingly, ads that include elements usually associated with the Publisher editorial matter will not be accepted (for example, but not limited to: news-like headlines, bylines, news-style column arrangements or typography). Additionally, the Publisher reserves the right to label an advertisement with the word ?advertisement? when, in its opinion, this is necessary to make clear the distinction between editorial material and advertising.


VIII. Miscellaneous

28. Advertising contracts accepted by the Publisher represents the entire understanding of the parties hereto, and no verbal representation, whether made before or after the conclusion of this contract may alter the terms and conditions herein. All additions, modifications and/or cancellation of any of the terms and conditions herein shall be made in writing and signed by both the Publisher and advertiser.

29. The Publisher shall be entitled to recover from the advertiser on full indemnity basis all the costs (including legal costs) and expenses incurred for any enforcement action or proceedings required to be taken in relation to the advertising contract(s).

30. All advertising contracts shall be governed by the laws of State of New York and the courts of New York shall have exclusive jurisdiction over any disputes pertaining to the contract(s).

31. Order placed shall not become effective until approved and accepted by the Publisher in writing. Either party can terminate this contract by giving 14 days notice to the other provided that such termination will not affect the liabilities of either parties accrued before such termination.

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