1. Authority and Submitted-Material Ownership
The Advertiser represents and warrants that it has full legal authority to enter into an advertising agreement and to authorize the Publisher to use all submitted materials, including business names, logos, trademarks, photographs, advertising copy, promotional offers, QR codes, and other content provided.
The Advertiser confirms that it owns or has obtained all necessary rights, licenses, and permissions for submitted materials and that their use does not infringe any third-party intellectual property, privacy, publicity, or other legal rights.
2. Limited Permission to Create and Print the Advertisement
The Advertiser grants the Publisher a limited, non-exclusive license to use submitted materials solely for designing, preparing, printing, and distributing the advertisement purchased under the agreed four-week campaign.
The Publisher may share necessary materials with its authorized production contractors solely to fulfill the advertising agreement.
Newspapers lawfully printed and distributed during the campaign may remain in circulation after the campaign concludes.
3. Responsibility and Mutual Indemnification
The Advertiser agrees to indemnify, defend, and hold harmless the Publisher, its owners, employees, contractors, and agents from claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from: Submitted advertising materials. The Advertiser's products, services, or promotional offers. Inaccurate, misleading, unauthorized, or unlawful advertising content.
The Advertiser's breach of these terms.
The Publisher agrees to indemnify the Advertiser against claims arising solely from the Publisher's own negligence or willful misconduct in producing or distributing the newspaper, subject to applicable law and the limitations of this Agreement.
4. Offer Accuracy, Legal Compliance and Advertiser Approval
The Advertiser is responsible for ensuring that all advertised promotions, discounts, prices, restrictions, expiration dates, and other terms are accurate, lawful, and authorized. Advertisers must honor approved promotional offers during their stated validity periods and ensure that offers advertised as valid throughout the campaign remain available during the agreed four-week period. The Publisher is not responsible for inaccurate, misleading, expired, or unlawful advertiser-provided offers.
5. Publisher Review, Rejection and Advertisement Identification
The Publisher reserves the right to review, request modifications to, or reject advertising materials that are unlawful, misleading, offensive, inappropriate, or inconsistent with the standards of The Orlando Daily Post™.
Any material changes to an advertisement require the Advertiser's approval before printing. If the Publisher rejects an advertisement and cannot provide the purchased placement, the Advertiser will receive a full refund of all amounts paid.
The Publisher may include a small identifying mark or publication attribution on printed advertisements.
6. Materials, Specifications, Deadlines and Records
The Advertiser is responsible for supplying all required advertising materials in the requested format by the specified deadline. The Publisher will provide applicable artwork specifications and submission requirements.
If materials are not received by the deadline, the Publisher may reschedule the advertisement to the next available campaign, subject to availability and the agreed cancellation terms.
No unapproved advertisement will be printed. The Publisher will retain a copy of the final approved advertisement for its records.
7. Payment, Reservation, Pricing and Campaign Timing
All advertising packages cover one four-week (28-day) campaign.
Advertising Rates:
Standard Advertisement: $280
Spotlight Advertisement: $1,095
Exclusive Full Back Page: $2,995
Full payment (100%) is required in advance. No deposits or partial payments are accepted.
Advertising space is reserved only after full payment has been successfully processed and confirmed.
No design, preparation, or production will begin before full payment is received.
The purchased placement, agreed advertising location, and campaign dates will be identified in the advertising order.
Advertising campaigns do not automatically renew. Each additional campaign requires a new reservation and payment.
8. Placement and Category Exclusivity
Advertisements will appear in the purchased placement during the agreed four-week campaign.
Standard and Spotlight advertising placements include category exclusivity only when expressly specified in the selected package or written advertising agreement. The Exclusive Full Back Page package provides exclusive advertising use of the newspaper's back page for the purchased campaign. Any category restrictions or additional exclusivity rights must be expressly identified in the advertising order.
9. Advertising Results
The Publisher does not guarantee any specific number of views, impressions, QR-code scans, customer visits, redemptions, conversions, or sales resulting from an advertisement. Where distribution information is provided, it reflects newspapers produced or distributed and does not constitute a guarantee of readership or customer engagement.
Cancellation, Refunds and Design/Setup Fee
All cancellation requests must be submitted in writing. Before design or preparation begins: The Advertiser will receive a full refund (100%) of the amount paid. After design or preparation begins, but before printing: The Advertiser will receive a 50% refund of the total campaign payment. The remaining 50% will be retained as the agreed design, preparation, setup, and cancellation charge. Once printing or distribution begins: Payments are nonrefundable, except for Publisher-caused service failures, failure to provide the agreed advertising placement, or refunds required by applicable law.
Publisher Cancellation: If the Publisher cannot provide the purchased advertising placement, the Advertiser will receive a full refund of all amounts paid. Approved refunds will be processed to the original payment method within 7–10 business days.
11. Printing Errors, Omissions and Advertiser Remedies
If a material printing, production, or placement error is caused by the Publisher, the Publisher will provide a corrected advertisement in the next available campaign at no additional charge or an appropriate refund for the affected advertising. This includes material errors introduced by the Publisher after the Advertiser has approved the final advertisement. The Publisher is not responsible for errors contained in Advertiser-submitted materials, including incorrect information or faulty QR codes, that were reproduced as approved.
12. Events Beyond Reasonable Control
Neither party will be liable for delays or failures resulting from circumstances beyond its reasonable control, including natural disasters, government actions, major equipment failures, supply interruptions, labor disputes, or other force majeure events. The Publisher will make reasonable efforts to reschedule affected advertising. If the purchased advertising cannot be provided, an appropriate refund will be issued for the unfulfilled services.
13. Important Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER'S TOTAL LIABILITY TO THE ADVERTISER FOR CLAIMS ARISING OUT OF OR RELATED TO THE APPLICABLE ADVERTISING AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE ADVERTISER FOR THAT CAMPAIGN. THE PUBLISHER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW.
14. Florida Law, Orange County Venue and Written Notices
These Terms & Conditions are governed by the laws of the State of Florida, without regard to conflict-of-law provisions.
Any dispute arising from the advertising agreement shall be brought before a court of competent jurisdiction in Orange County, Florida, to the extent permitted by applicable law. Formal notices, including cancellation requests, must be submitted in writing by email or certified mail using the contact information provided in the advertising agreement.
15. Entire Agreement, Amendments, Assignment, Waiver and Severability
These Terms & Conditions, together with the accepted advertising order and its stated package details, constitute the advertising agreement between the parties. Any amendments must be agreed upon in writing by both parties.
Neither party may assign its contractual obligations without prior written consent, except as permitted by applicable law.
Failure to enforce a provision does not constitute a waiver of that provision. If any provision is found unenforceable, the remaining provisions will remain in effect.
16. Privacy and Payment Processing
The Publisher collects and uses Advertiser information for processing advertising reservations, payments, communications, and campaign fulfillment. Payments are handled through authorized third-party payment processors. The Publisher does not store complete payment-card information. Additional information regarding data practices is available through the Publisher's privacy policy on its official website.
17. Electronic Records, Signatures and Copy of Agreement
These Terms & Conditions are provided for review before an advertising purchase. When incorporated into an advertising order and accepted through the applicable reservation or checkout process, these terms become part of the advertising agreement. Electronic agreements and records may be used in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable Florida law. A copy of the applicable advertising terms and completed purchase details will be provided electronically.
18. Ownership of Submitted Materials and Created Advertisement
The Advertiser retains ownership of all submitted logos, trademarks, photographs, and original advertising materials.
The Publisher retains ownership of original advertisement designs, newspaper layouts, branding, and production materials created by the Publisher. After the campaign concludes, the Advertiser may use the final approved advertisement for its own promotional purposes, provided that such use does not imply ownership of The Orlando Daily Post™ trademarks or publication branding.
19. Advertiser-Provided QR Codes, Linked Content and Regulated Advertising
The Publisher does not create, generate, repair, encode, or provide QR codes. Advertisers wishing to include a QR code must create, supply, scan, test, and approve their own QR code before approving the final advertisement. The Publisher may place the supplied QR code into the advertisement but is not responsible for its encoding, destination, linked content, or continued availability. The Advertiser is solely responsible for ensuring that all advertised products, services, promotional offers, and linked content comply with applicable federal, state, and local laws, including laws regulating alcohol, tobacco, cannabis, firearms, financial services, healthcare, and licensed professions.
20. Advertising Agencies and Authorized Representatives
If an advertising agency or authorized representative purchases advertising on behalf of a business, the representative warrants that it has the legal authority to act for that business. The Advertiser and its authorized agency or representative are jointly and severally responsible for contractual obligations to the extent provided in the advertising agreement and permitted by applicable law.
21. Independent Parties; No Endorsement or Personal Guarantee
The Publisher and Advertiser are independent parties. Nothing in the advertising agreement creates a partnership, joint venture, agency, franchise, or employment relationship. The Publisher does not endorse or guarantee the Advertiser's products, services, promotional offers, or business activities. No owner, officer, employee, or contractor of the Publisher provides a personal guarantee solely by entering into the advertising agreement in a representative capacity, except where expressly agreed in writing or required by applicable law.
THE ORLANDO DAILY POST™
Bringing Visitors and Local Businesses Together.
