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Advertising Terms & Conditions

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Advertising Terms & Conditions Advertising Terms & Conditions (v) does not contain anything that is unlawful, These terms and conditions apply to all offers and or in contempt of any court, Parliament, agreements made by Network Ten Pty Limited (ABN 91 052 515 tribunal or royal commission; and 250) (NETWORK 10) to supply media and advertising services to any person (Advertiser) during the period commencing 1 (vi) does not contains any product or service November 2018 and ending on the date that NETWORK 10 specifications, or performance, service or issues a revised version of these terms and conditions. other claims, in each case which cannot be fully substantiated; 1. Forming an agreement with NETWORK 10 (b) must obtain all consents for NETWORK 10 to use, 1.1 Each agreement with NETWORK 10 for the supply of reproduce and communicate the Content for the media and advertising services to an Advertiser purposes of supplying media and advertising (Agreement) comprises the following documents in the services to the Advertiser; and following order of precedence: (c) warrants and represents that NETWORK 10’s use, (a) the applicable Booking Document; reproduction and communication of the Content (b) these terms and conditions; and (including any material, statement, information or matter contained in an Advertisement): (c) the applicable Guidelines. (i) does not infringe any rights of any person; 2. Termination and 2.1 NETWORK 10 may terminate an Agreement by notice to (ii) does not in any way contravene any laws, the Advertiser with immediate effect if: regulations, codes of practice and codes of conduct including the Commercial (a) the Advertiser fails to remedy a material breach (including a failure to make a payment when due) Television Industry Code of Practice, the within 5 days of a notice from NETWORK 10 Competition and Consumer Act 2010 (Cth), requiring the Advertiser to do so; the Broadcasting Services Act 1992 (Cth), the Consumer Credit Code, the code of any (b) the Advertiser fails to comply with any credit industry association or equivalent, or any agreement with NETWORK 10 or any other credit succeeding or replacements to the requirements made by NETWORK 10; or previously mentioned laws, regulation and codes; and (c) an Insolvency Event occurs in relation to the Advertiser. 3.2 The Advertiser must: 2.2 NETWORK 10 may terminate an Agreement without (a) keep the commercial elements of the Booking cause by giving not less than 14 days’ notice to the Documents (including the Rates, Fees and charges Advertiser. payable by the Advertiser) strictly confidential and ensure that those elements are disclosed only to 2.3 If an Agreement is terminated by NETWORK 10 for any the Advertiser’s directors, officers, employees, reason, the Advertiser must pay to NETWORK 10 contractors and clients on a confidential and need immediately on demand from time to time all amounts to know basis for the purposes of the performance owing as at the termination date and all costs, losses, of the Agreement; expenses and damages incurred by NETWORK 10 arising out of the termination of the Agreement or any breach (b) provide the Content to NETWORK 10 within the by the Advertiser of the Agreement (including, in each timeframes specified in the applicable Guidelines case, any cancellation fees, administrative costs and or as otherwise specified by NETWORK 10; legal fees incurred by NETWORK 10 or any third party). (c) provide the Content to NETWORK 10 in accordance 3. Advertiser’s obligations with NETWORK 10’s specifications and delivery requirements specified by NETWORK 10 on the 3.1 The Advertiser: Website or as otherwise advised by NETWORK 10 from time to time; (a) must ensure that the Content (including any material, statement, information or matter (d) not upload or make available any Content that contained in an Advertisement): contains viruses or any other computer codes, files or programs designed to interrupt, destroy, or (i) complies with all applicable laws, regulations, codes of practice and codes of limit the functionality of any computer software, conduct hardware or telecommunications equipment; not insert any tags, codes, cookies or other data (ii) complies with any written guidelines that (e) NETWORK 10 publishes on its Website or tracking or collection devices into the Content for otherwise provides to an Advertiser; the purpose of re-targeting users on a third party site; and (iii) does not infringe any third party’s intellectual property rights and its use does (f) for any internet streaming service, not change or not constitute a breach of confidence; substitute any Content or Advertisement for a Campaign without notifying NETWORK 10. (iv) is not defamatory, racist, unlawful, abusive, immoral, offensive, obscene, indecent, 3.3 NETWORK 10’s acceptance of Content for pornographic or objectionable; communication on Network 10 Media does not relieve the Advertiser of its obligations in respect of such Content (including under clause 3.1). 1 / 6 Advertising Terms & Conditions 3.4 If NETWORK 10 considers any Content or Advertisement 4.5 NETWORK 10 may suspend, remove or cancel any to be non-compliant in any way or for other regulatory or Advertisement, and not place any further business reasons, in its sole and absolute discretion, Advertisements, if: NETWORK 10 may refuse to place or remove that Content, or cancel any Advertisement. (a) the Advertiser is in breach of this agreement, including any failure to pay NETWORK 10’s invoice 3.5 NETWORK 10 may refuse to communicate any and/or any interest or other amount when it is due; Advertisement on a Network 10 Channel that does not include a valid Commercials Advice (CAD) number. (b) NETWORK 10 has asked the Advertiser to complete a credit application form and the Advertiser has 3.6 the Advertiser acknowledges and agrees that: not returned a completed form to NETWORK 10 by the time required by NETWORK 10; or (a) if it fails to provide the Content to NETWORK 10 in accordance with clauses 3.1, and/or 3.2, (c) the Advertiser’s credit application is not approved. NETWORK 10 may substitute another Advertisement or not communicate the 5. Liability Advertisement, and are not obliged to deliver the 5.1 Neither NETWORK 10 nor any of its Related Bodies target Projections/Page Impressions and Corporate will be liable to the Advertiser for: NETWORK 10 may reduce (on a pro-rata basis) the target Projections/Page Impressions by the time (a) any costs, expenses, claims or liability suffered or of the Advertiser’s delay. Nonetheless, the incurred in respect of the communication of any Advertiser must still pay the Fees applicable to the Advertisement, including the alteration, delay or total Campaign; omission of a communication, whether it occurs as a result of negligence, mistake, communication (b) all Content will be deleted 90 days after last failure, compliance with an Advertiser’s directions, communication date, unless otherwise agreed or otherwise; (subject to a maximum extension period of 90 further days only); and (b) any loss of profit, loss of revenue, loss of data and/or loss of business opportunities in respect of (c) NETWORK 10 may: (i) collect anonymous data the communication of any Advertisement, about users’ receipt of and interaction with ads on including the alteration, delay or omission of a Network 10 Media; and (ii) use that information to communication; or enhance its services. (c) any indirect or consequential loss arising in 3.7 Without NETWORK 10’s prior written consent, the connection with this agreement. Advertiser must not resell, assign or otherwise transfer any of its rights under an Agreement (including its right 5.2 The Advertiser must not bring or be party to any claim, for the supply of media and advertising services). action or proceeding against NETWORK 10 or any of its Related Bodies Corporate or any of their officers, 3.8 If the Advertiser enters an Agreement as an agent for a employees, agents or contractors in relation to the third party: (i) the Advertiser warrants and represents communication of any Advertisement, including the that it is authorised to enter into the Agreement alteration, delay or omission of a communication. (including to book media and advertising services) on behalf of that third party, and (ii) the Advertiser and the 5.3 The Competition and Consumer Act 2010 and similar third party will be jointly and severally liable under the State and Territory legislation may confer rights and Agreement. remedies on the Advertiser in relation to an Agreement which cannot be excluded, restricted or modified (Non- 4. Payment excludable Rights). NETWORK 10 does not exclude any 4.1 Following receipt of an invoice from NETWORK 10 for Non-excludable Rights but does exclude all other fees and other charges payable under an Agreement, the conditions and warranties implied by custom, law or Advertiser must pay each tax invoice by the due date statute. To the full extent permitted by law, NETWORK specified in the tax invoice. 10’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, in 4.2 NETWORK 10 may require an Advertiser to pay an invoice the case of goods, at NETWORK 10’s option, to (a) the in part or in full before placing Advertisements under an replacement of the goods or the supply of equivalent Agreement. goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or of acquiring 4.3 Unless expressly specified otherwise in an Agreement, equivalent goods, or (d) the payment of the cost of the Fees, Rates and other charges for the supply of having the goods repaired, and in the case of services, media and advertising services are exclusive of GST.
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