1. All advertisements are subject to approval of the staff of Smack Marketing, which reserves the right to reject or cancel any advertisement at any time.
2. Advertising is separate from content. Advertisers and sponsors have no advance knowledge of our editorial content, nor do the editors shape content to accommodate advertising. Smack Marketing will not sell advertising for a specific product on the condition that it appear in the same location, and at the same time, as a specific article mentioning that product. Advertisers do not influence any of our editorial decisions or advertising policies.
3. Smack Marketing’s advertising sales representatives have neither control over, nor prior knowledge of, specific editorial content before it is published.
4. Advertisers have no control or influence over the results of searches a user may conduct on the Smack Marketing’s client websites. Search results are based solely on the functionality available through website search software (e.g., keywords or natural language) and user-defined criteria (e.g., displaying most recent or most relevant items first).
5. Smack Marketing does not release personally identifiable data on the users of our clients websites or e-mail service to advertisers.
6. Online advertisers may receive reports that show aggregated data about response to their advertisements, including the number of ad impressions and the number of times an advertisement was clicked on.
7. Any reference to Smack Marketing or it products or services in advertisements, promotional material, or merchandising by the advertiser or the agency is subject to the Smack Marketing’s prior written approval in each instance.
8. Advertiser links to other websites cannot prevent a user from easily returning to the Smack Marketing’s client website.
9. Advertorials are not accepted on the Smack Marketing’s client website or e-mail service.
10. Alcoholic beverages and tobacco products can be advertised on identified age pacific client sites.
11. Advertised products must be compliant with the regulations in the country where the advertisement will be seen. Advertisements for pharmaceutical products (including NDA products) that are subject to the U.S. Food and Drug Administration (FDA) oversight must comply with FDA regulations regarding advertising and promotion.
12. Advertisements that include offers for free merchandise or contests must be approved by the Smack Marketing staff.
13. All advertisements must be clearly germane to the practice of medicine.
14. All advertisements must clearly and prominently identify the advertiser by trademark or signature.
15. Advertising that appears at Smack Marketing’s client websites must be clearly distinguishable from editorial content.
16. Advertising copy must be factual and in good taste.
17. All insertion orders, and the provisions of these Online Advertising Policies, shall be governed by the laws of the Commonwealth of Massachusetts, without regard for its principles concerning conflict of laws.
18. All advertisements are accepted and published by Smack Marketing on the warranty of the agency and advertiser that both are authorized to publish the entire contents and subject matter of the advertisement.
19. In consideration of publication of an advertisement, the advertiser and the agency, jointly and severally, agree to indemnify and hold harmless Smack Marketing, its clients, It's 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.
20. Smack Marketing shall not be liable for any failure to publish any advertisement accepted by Smack Marketing; however, Smack Marketing shall use its reasonable efforts to place such advertisement in subsequent available space.
21. All advertising contract position clauses are treated as requests. Since advertising inventory constantly changes, Smack Marketing cannot guarantee fixed positioning.
22. Smack Marketing 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.
23. In the event of nonpayment, Smack Marketing reserves the right to hold advertiser and/or its advertising agency jointly and severely liable for such monies as are due and payable to Smack Marketing.
24. Smack Marketing 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 this rate card.
25. Smack Marketing is not responsible for incidental or consequential damage for errors in displaying an ad.
    
    Policy on Recruitment Advertisements
    
     
26. All advertisements for employment must be nondiscriminatory and comply with all applicable laws and regulations. Ads that discriminate against applicants based on sex, age, race, religion, marital status, or physical handicap will not be accepted.
27. International recruitment advertisers are required to confirm in writing that they are an equal opportunity employer.

Smack Mrketing Advertising Policy and Types of Advertising

Generally acceptable for consideration

Pharmaceutical products; medical-equipment products and services; medical software; practice-management products and services (including office equipment and supplies, medical billing systems, medical software products) and medical web sites.

Generally acceptable for consideration with certain conditions

Calls for patients to participate in clinical trials, or clinical-trial matching services: considered solely if the trial is conducted by a recognized academic institution.

All types of advertising not described above will be reviewed on a case-by-case basis.

Advertisers, media buyers, and others with specific questions about advertising acceptability should contact 281-866-8670 or e-mail Sales

Sponsorships

Sponsorship and editorial content are clearly separated. A link to the Smack Markerting Internet Advertising Policy will appear with all sponsorship on the Web site. Acknowledgment of support will not make any claims for any supporting company’s product(s). The final wording and position of the acknowledgments will be determined by Smack Marketing.

Users of Smack Marketing Web site and e-mail service are encouraged to comment on Smack Marketing Internet policies. Please submit your comments to: 7.

Last updated: April 30, 2007