Magazine Media Kit 2018 - Lonely Planet

Lonely Planet US MagazineAd Terms & ConditionsThese Terms and Conditions, includingthe terms of the Order and the applicablerate card, govern each Order for theinsertion of an Advertisement in theMagazine (including print magazine anddigital magazine editions as specified)(together, the Agreement). The Agreementis the entire agreement between theparties. The Publisher and the Advertiseragree as follows:PROVISION OF ADVERTISEMENTa. The Advertisement must be delivered toPublisher by the Closing Date inaccordance with the ProductionSpecifications.b. If Publisher does accept late delivery itmay charge the Advertiser for any extraexpenses it incurs as a result of theAdvertiser’s delay.c. Orders for the inside or outside coverpages cannot be cancelled once ordered.Cancellations of Orders for inside pages ofthe Magazine must be received in writingat least 30 days prior to the Closing Dateor the Advertiser will remain liable for theTotal Cost of the cancelled Order.d. Options placed by the Advertiser forcover positions for Magazines must beexercised at least 30 days prior to theClosing Date. If an Order to exercise theOption is not received by such date, theOption automatically lapses.e. The Publisher will not be liable for anyerrors or omissions contained in theAdvertisement as supplied by theAdvertiser, or for any loss or damage ofany materials supplied by the Advertiserand may destroy the materials if not usedor returned at the Advertiser’s expense fora period of six (6) months.f. Where the Advertisement is an Insert orother Special Unit (as defined in theOrder), a copy of the final Insert or otherSpecial Unit must be submitted to thePublisher for approval prior to printing.The Publisher’s approval does not relievethe Advertiser of any obligations containedin this Agreement.g. The Publisher is not responsible for anycosts associated with the Advertiser’sfailure to print Inserts in compliance withthe Publisher’s specifications, and theAdvertiser will remain liable for the TotalCosts in the event that the Insert is unableto be distributed due to such failure.Orders for Inserts are non-cancellable.2.APPROVALa. Advertisement will only be displayed inthe Magazine if; a) approved by Publisher,b) space is available in the Magazine andc) the Advertisement is delivered inaccordance with this Agreement.b. Publisher shall retain sole editorialcontrol over the Advertisement and itspresentation.c. Advertisements simulating LonelyPlanet editorial content in appearance orstyle that are not immediately identifiableas Advertisements will not be accepted.The Publisher may require anyAdvertisement to be labelled‘Advertisement’ in its discretion.d. If Publisher does not approve theAdvertisement, Publisher may:I. notify the Advertiser of the reason forrejecting the Advertisement and request anew version of the Advertisement modifiedin accordance with any directions fromPublisher;Ii. edit the Advertisement; orIii. reject or cancel the Advertisement orpartthereof, in Publisher’s sole discretion.e. No conditions which conflict, vary oradd to the terms of this Agreement will bebinding unless agreed in writing by bothparties.DISPLAY OF ADVERTISINGa. Publisher will endeavour to display theAdvertisement in the Magazine inaccordance with the terms of thisAgreement.b. Orders specifying positions other thandesignated cover positions are made on arequest basis only and will be accepted atthe Publisher’s discretion. The Total Costwill remain payable whether or not therequest is approved.c. The Publisher will not be responsible forany delay or failure to print, publish orcirculate any edition of the Magazine inwhich the Advertisement is contained ifsuch failure results from any cause orcondition that is beyond the Publisher’sreasonable control and that the Publisheris unable to overcome by exercisingreasonable diligence.DIGITAL EDITIONSa. Where an Order specifies that anAdvertisement qualifies as a Full-RunAdvertisement, the Advertisement willautomatically be run in the digital edition,unless the Advertiser opts-out of digitaladvertising in the Order or in writing priorto the Closing Date. By opting-out of thedigital advertising, the Advertiser isopting-out of all devices and platforms.Where the Advertiser opts-out of digitaladvertising or the Advertisement does nototherwise qualify asa Full-Run Advertisement, the Advertiserwill not be entitled to Full-Run benefitssuch as premium placement.b. Certain Advertisements, in thePublisher’s discretion (such asnon-standard and/or full-pageAdvertisements, non-standard fractionals(less than 1/3 page) and business replycards), may not qualify to run in the digitaledition. Advertiser acknowledges andagrees that where Publisher agrees toplace the Advertisement in a digitaledition, placement and size may differfrom placement in the print version.c. Digital editions of the Magazine,depending on the device or platform onwhich it is viewed, may be viewed in oneof two formats: (i) a ‘straight from print’Magazine format; or (ii) a ‘designed fortablet’ Magazine format.d. Advertisements, depending on thedevice on which it is viewed, may beviewed in one of three formats; (i) a‘straight from print’ advertising format; (ii)a ‘designed for tablet’ advertising format;or (iii) an ‘enhanced for tablet’ advertisingformat, where the Advertisement hasadded enhancements and bonus content.e. Advertisements running in the ‘straightfrom print’ Magazine format or the‘designed for tablets’ Magazine format,will automatically run in the ‘straight fromprint’ advertising format, unless otherwiseindicated in the Order and approved bythe Publisher prior to the Closing Date.Advertising formats ‘designed for tablet’ or‘enhanced for tablet’ may not be availableon all platforms or devices.f. Where a URL exists in an Advertisementin either the ‘straight from print’advertising format, or the ‘designed fortablet’ advertising format, such URL willbe automatically activated unlessotherwise specified in the Order. Wherethere are multiple URLs, the Publisher willactivate the Advertiser’s main URL onlyunless otherwise notified in the Order.PAYMENT AND ACCOUNTSa. Publisher will invoice the Advertiser forthe Total Cost. The Total Cost due toPublisher is (a) exclusive of any applicablesales or other tax; where such tax ispayable it will be the obligation of theAdvertiser to pay it in addition to the TotalCost; and (b) where a recognised agency(as determined by the Publisher) placesthe Order, inclusive of an agency discountof 15% of gross advertising charges afterearned Advertiser Discounts. TheAdvertiser will be responsible for anypayments or commissions due to theagency.b. Advertiser must pay the Total Costwithin thirty (30) days from the date of theinvoice.

Ad Terms & Conditions cont’dThe Advertiser are jointly and severally liablefor payment of all invoices for advertisingpublished. If the Advertiser does not pay bythe due date Publisher may refuse to displaythe Advertisement or may levy interest at therate of four per cent (4%) per annum abovethe US Federal Reserve Prime Rate and suchinterest shall be calculated from the datesuch sums become due until they are paid.c. The Publisher reserves the right to changeits advertising rates at any time.Announcements of any changes shall bemade at least two weeks in advance of theClosing Date of the first issue to be affectedby the new rates.d. Any rate base guarantees made by thePublisher, are based on a twelve monthaverage.e. Advertiser agrees that the number ofInserts or Special Units circulated anddistributed may differ by a margin of 5%.f. Advertiser Discounts and Rebates agreedto by the Publisher must be used within sixmonths of the period in which they are earned(or as otherwise specified in the Order) or willexpire.g. Where the Publisher agrees to a SeriesDiscount, the number of Advertisementsspecified for a Series Discount must bepublished and paid for within the periodspecified in the Order for the Series Discountto apply. Where the Advertiser cancels anyAdvertisement, or fails to have published andpaid for the requisite number ofAdvertisements, the Series Discount will becancelled and the Advertiser will be chargedat the full rate for all Advertisements,including reimbursement for previouslypublished and paid for discountedAdvertisements from within that series.h. The Advertiser may not claim any rights ofset off in respect of any invoices.i. A postponement of the Advertising will notaffect Advertiser’s responsibility to provideconsideration in cash or in kind in relation tothe advertising space ordered in full as setout in this Agreement.WARRANTIES AND INDEMNITIESa. The Advertiser warrants that;I. the Advertisement (including URLscontained in Advertisement) and Publisher’sdisplay of Advertisement will not infringe anythird party rights and will not contain, or linkto, any objectionable material (includingmaterial which is defamatory, obscene,threatening or untrue);Ii. the Advertisement will comply with allapplicable codes, guidelines (including theLonely Planet Magazine CommercialGuidelines), rules and regulations and will notbe illegal or actionable for any reason;Iii. the Advertiser has obtained all necessarypermissions in relation to the inclusion in theAdvertisement of the name, likeness orpictorial representation of any person in theAdvertisement; andIv. the Advertiser will fulfil and deal with anyorders or enquiries relating to the goods,services or promotions featured in theAdvertisement;b. The Advertiser indemnifies the Publisheragainst any loss incurred arising from abreach of this Agreement by the Advertiser,except to the extent caused by the act oromission of the Publisher.c. The Advertiser acknowledges and agreesthat Publisher has not provided it with anyguarantees concerning reach of the Magazineor target audience. Any statistics related tothe Magazine provided to the Advertiser areprovided as an estimate based on currentavailable research only and should not berelied on by the Advertiser.d. THE SERVICES PROVIDED BYPUBLISHER UNDER THIS AGREEMENT AREPROVIDED “AS IS”. EXCEPT FOR THEEXPRESS WARRANTIES IN THISAGREEMENT, PUBLISHER DISCLAIMS ANDEXCLUDES TO THE MAXIMUM EXTENTPERMITTED BY LAW, ANY IMPLIEDWARRANTY OF TITLE, MERCHANTABILITYOR FITNESS FOR A PARTICULARPURPOSE, AND ALL OTHER WARRANTIESOR REPRESENTATIONS OF ANY NATURE.TO THE EXTENT THAT PUBLISHER ISUNABLE TO EXCLUDE ITS LIABILITY FORANY IMPLIED WARRANTY UNDER THISCLAUSE, ITS LIABILITY IS LIMITED TO THECORRECTION OR RESUPPLY OF THESERVICE OR PAYMENT OF THE COSTS OFCORRECTING OR RESUPPLYING THESERVICE.ASSIGNMENTThe Advertiser is not entitled to assign ortransfer or otherwise deal with any of itsrights or obligations under this Agreement,including the right to use any advertisingspace, without the prior written consent ofPublisher. Publisher is entitled to assign itsrights under this Agreement (or any partthereof) to its related corporations.CONFIDENTIALITYEach party must keep any informationdisclosed by the other party which is in fact,is reasonably regarded as, or is marked as,confidential or proprietary to the discl

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