Terms & Conditions

1. General Terms

Scotsman Guide Inc. (“Company”) and the advertiser (“Advertiser”) agree to the terms outlined herein. Advertising services begin on the effective date and continue as scheduled, renewing automatically unless canceled before the applicable space reservation deadline. All cancellations must be submitted in writing and verified via certified mail with return receipt or email.

2. Billing & Payment Terms

All rates are net (non-commissionable). Monthly payments are due before the service month begins. Late payments incur a 5% fee after five days and accrue 1.5% monthly interest if over 30 days late.

Agency clients may follow a net 45 billing schedule, provided payment is received within the service month. Advertisers consistently late on payments may be required to use automatic billing that charges on the 15th prior to the service month. Prepayment via EFT is required for Pre-Pay clients.

Any billing credit must be used within six months of issuance or are forfeited.

Rate Adjustments & Non-Cancellation

Scotsman Guide reserves the right to apply annual rate increases if customer rates fall below published rates with a 60 day notice. Display advertising agreements are non-cancelable by the Advertiser, and prepaid services are non-refundable.

Default & Remedies

Default occurs if Advertiser fails to pay, violates agreement terms, defaults on another Scotsman Guide agreement, or becomes insolvent. Remedies may include suspension of services, retention of payments, termination of agreements, or legal recourse, including recovery of damages.

Advertising Materials

Advertiser must provide all ad materials by the designated copy deadline. If not received, Scotsman Guide may reuse the most recent ad or create one on the Advertiser’s behalf. Advertiser warrants that all submitted content is original, legally compliant, and non-infringing.

Creative Control

All ads are subject to Scotsman Guide’s approval. The Company may require “Paid Advertisement” labeling on advertorial-style content. It may adjust size, formatting, or color as needed. Ads simulating editorial content or appearing biased may be rejected.

• Featured Top Originator: Content is written by Scotsman Guide editors. Client has the option to read the article prior to publication in order to check for accuracy and errors.

Ownership & Use of Artwork

Any artwork created or modified by Scotsman Guide remains the exclusive property of the Company and may not be used elsewhere. Advertiser-submitted materials must be approved but will not be altered without consent unless needed for compliance or formatting.

Placement, Scheduling, & Rescheduling

Scotsman Guide may reschedule ads due to editorial changes or higher priorities, in which case the agreement extends by one issue. Ad publication is subject to availability and editorial discretion.

Cancellation Policies

Lender Search and Lender Listings: Listing and Search advertising is ONGOING and automatically renewed unless canceled by Advertiser prior to the applicable Space Reservation Deadline.

• Display Ads: Non-cancelable at any time. Advertiser remains liable for the full contract value if canceled early.
• Lender Search: Lender Search requires a minimum three-month commitment, after which the service will continue on a month-to-month basis until canceled. Requires 15 days’ written notice prior to the next service month for cancellation.
• Lender Listings: Requires 45 days’ written notice before the desired cancellation date.

10. Indemnification

Advertiser agrees to defend, indemnify, and hold harmless Scotsman Guide and its affiliates from claims or liabilities arising from the content provided by Advertiser, breach of agreement, or infringement of third-party rights. The provisions of this section shall survive the termination, cancellation, or expiration of this Agreement.

11. Force Majeure

Company will not be liable for the delay or failure to publish Advertiser’s advertisement in any particular issue if such failure or delay in its performance under this Agreement is due to any cause beyond Company’s reasonable control.

12. Limitation of Liability

Advertiser acknowledges and agrees that in the event of a default or breach of this Agreement by Company, Company’s liability under this Agreement shall be limited to a return of any monies paid by Advertiser under this Agreement for advertisements not published.

13. Privacy & Data Handling

Scotsman Guide complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA). Advertisers are responsible for safeguarding any transferred leads or broker contacts, which may not be resold or transferred.

14. Legal & Enforcement

The parties shall endeavor to resolve any controversy or claim with direct negotiation. In the event the parties are unable to resolve the dispute in a reasonable period of time, the parties agree to settle the dispute by arbitration before a single arbitrator under the then current rules of the American Arbitration Association.

Such arbitrator shall be selected by ABL with the consent of Vendor. The decision and award of the arbitrator shall be final and binding, and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held in the jurisdiction of the non-filing party.

To the extent the parties are unable to agree to an arbitrator, or the applicability or enforceability of this arbitration clause is otherwise disputed by either party, any such suit or action must be brought in a state or federal court sitting in the state of New Jersey.

In any action brought under this Agreement, each party shall bear its own costs and expenses, including attorneys’ fees, and shall split the cost of the arbitrator, unless otherwise determined by an arbitrator or judge with authority to render an opinion or ruling regarding this Agreement.

THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

15. Assignability

This agreement is non-transferable without written approval from both parties. Unauthorized assignments are void.

16. NON-PAYMENT

In the event Advertiser fails to pay any amounts due thereunder, then Company’s obligation to publish any further advertisements shall be automatically terminated, and all payments previously made by Advertiser shall be retained by Company. Company may also seek payment of all amounts thereafter due under this Agreement or under any other agreement with Advertiser.

THIS AGREEMENT INCORPORATES THE GENERAL TERMS AND CONDITIONS SET FORTH BELOW. ADVERTISER’S AND COMPANY’S RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO THE GENERAL TERMS AND CONDITIONS.

17. Binding Authority of Agent

Advertiser represents and warrants that the person executing this Agreement is an authorized representative of Advertiser and has full power and authority to bind the Advertiser to the terms and conditions of this Agreement.

Advertiser hereby agrees that Advertiser shall not be relieved of any of its obligations under this Agreement notwithstanding any termination of its agency relationship with the person executing this Agreement.

Advertiser shall, upon Company’s request, provide a corporate or company resolution duly authorizing this Agreement and the undersigned’s authority to execute and deliver this Agreement.

18. Entire Agreement

This document, including its general and specific conditions, represents the complete agreement between both parties. It supersedes all prior written or verbal agreements. Changes must be in writing and signed by both parties.