1. INCORPORATION
1.1. These terms (together with the Advertising Material Lodgment Requirements) govern each Insertion Order, supply of Services and Booking and, except as modified in accordance with these terms, constitute the entire agreement in connection with each supply of Services. All other implied terms, including Client’s terms, are excluded to the extent permitted by law.
1.2. No variation to these terms binds Are Media unless expressly and specifically agreed in writing by it and Client.
1.3. These terms supersede any terms that have previously governed any supply of Services and prevail to the extent of any inconsistency between a written or verbal quotation and these terms.
2. QUOTATIONS
Any written or verbal quotation provided by Are Media to Client, whether in the form of a media kit or otherwise, is a mere invitation and does not constitute a contractual offer.
3. BOOKING PROCESS
3.1. If Client requests Are Media to provide Services and Are Media agrees to provide those Services, then Are Media will issue an Insertion Order (IO), which Client must accept by digital signature via Are Media’s booking platform.
3.2. Subject to clause 4.6, Client may cancel all or part of a Booking (which, for the purposes of these terms, includes changing the scheduled run date for all or part of a Booking) without penalty if written notice is given to Are Media before:
(a) for a Publication (excluding Directories), the cancellation deadline applicable to the relevant issue of that Publication as specified on Are Media’s Website or otherwise specified by Are Media;
(b) for Directories, two weeks prior to the booking deadline specified for the relevant issue of that Publication as specified on Are Media’s Website; and
(b) for a Digital Platform, 4 weeks prior to the campaign start date set out in the relevant Insertion Order.
3.3. If Client cancels a Booking after the date specified in clause 3.2, including a Booking accepted by Are Media after such date, Client must pay Are Media the full amount for that Booking.
3.4. If Are Media fails to issue an Insertion Order relating to a request for Services but provides the Services requested, these terms bind Client as if a Booking had been made.
4. CREATIVE SERVICES
4.1 As part of the Services, Client may request Are Media to provide creative services in the nature of designing, producing and delivering standard Advertising Material for Client, and/or interactive media campaigns involving the design, production and delivery of Integrated Commercial Content for Client.
4.2. Client acknowledges that Client is solely responsible for, and provides the warranties set out in these terms in relation to:
(a) all Advertising Material created by Are Media for, and approved by, the Client; and
(b) any claims about Client, its products or services which Client has supplied to Are Media for use in any Integrated Commercial Content,
including their compliance with applicable laws, regulations and codes of conduct.
4.3. Client must provide to Are Media, at Client’s cost, any Client Materials that Client wants to include in Advertising Material or Integrated Commercial Content being created by Are Media, within the timeframes outlined in the Advertising Material Lodgment Requirements or as otherwise notified by Are Media to Client.
4.4 Client must promptly review and check any draft materials and provide all required approvals within the timeframes notified by Are Media to Client.
4.5 If Client does not supply Client Materials and provide required approvals within the timeframes notified by Are Media, Are Media may, in its reasonable discretion, and with reasonable endeavours to consult with Client, time permitting:
(a) delay the ‘go live’ or publication date of the relevant campaign, or extend the campaign end date;
(b) for a Digital Platform, reduce the number of impressions on a prorated daily estimate based on the total impressions set out in the Insertion Order; or
(c) treat this as a cancellation and clause 3.3 shall apply.
4.6 If Client cancels a Booking at any time, Client remains liable for the production costs for any Advertising Material or Integrated Commercial Content created by Are Media in connection with the Booking at the time of cancellation.
5. OPTIMISATION
Where Are Media reasonably considers that Advertising Material or Integrated Commercial Content on any Digital Platform is underperforming, Are Media may change the placement of that Advertising Material or Integrated Commercial Content to a similarly sized placement on a reasonably equivalent Digital Platform to that specified in the relevant Booking.
6. RATES AND PAYMENT
6.1. The applicable rate for any Booking is the rate specified in the Insertion Order (or, in the absence of an Insertion Order, in the rate card for the applicable Publication or Digital Platform as of the date of the request for Services). Client must pay to Are Media the fee for a Booking prior to the Cancellation Date (as described in clause 3.2) unless Are Media has extended credit to Client, in which case Client must pay to Are Media the fee for a Booking within 45 days of the invoice date for all agency Bookings and 30 days of the invoice date for all direct Bookings. Are Media may cancel a Booking if it has not received the fee for that Booking by the applicable payment date.
6.2. Client must pay the production costs for any Advertising Material and/or Integrated Commercial Content at Are Media’s standard rates from time to time where production costs are incurred on behalf of Client.
6.3. All Are Media rates or costs are exclusive of any applicable GST. Are Media will issue a tax invoice to Client in relation to any supply that is subject to GST. The amount of GST payable by Client shall be calculated by multiplying the GST exclusive sum payable for Services by the rate of GST applicable at the time of the supply. The terms “GST”, “supply” and “tax invoice” used in this paragraph has the same meaning as under applicable Goods and Services Tax legislation.
6.4. Time of payment of invoices by Client is of the essence. Without prejudice to any other remedy, Are Media may charge interest on any overdue payments at an annual rate equal to 2% per annum above the 90 day dealers bill rate as published in the Australian Financial Review (to accrue from day to day).
7. CONDITIONS RELATING TO SERVICES
7.1. Are Media may require Client to complete a credit application before accepting a Booking or providing Services.
7.2. Are Media may refuse to accept any Advertising Material or take it down after it has been published, and may, in whole or in part, cancel, or reschedule or otherwise vary any Booking or refuse to provide any Services, using its reasonable discretion, including where such Advertising Material or the provision of such Services is likely to conflict with Are Media’s brand values, adversely affect its reputation or where the Advertising Material could expose Are Media to liability.
7.3. Client must not resell or sub-license a Booking or use a Booking other than for Advertising Material or Integrated Commercial Content referred to in the applicable Insertion Order.
7.4. Are Media makes no warranties in relation to proximity of Advertising Material or Integrated Commercial Content in a Publication or on a Digital Platform relative to competing products or services.
7.5. Client consents to Are Media reformatting any Advertising Material for inclusion on a Digital Platform or otherwise in a digital or other derivative version of a Publication and warrants that doing so will not infringe any person’s rights.
7.6. Client must not insert any data tracking or collection device (including any tag, code, cookie or pixel) into Advertising Material for a Digital Platform without Are Media’s permission.
8. ADVERTISING MATERIAL LODGEMENT
8.1. Client must lodge Advertising Material by such deadlines, and in such form as required in the Advertising Material Lodgment Requirements.
8.2. For Publications, Are Media only accepts digital advertising files via digital advertising delivery services that comply with its technical specifications and that appropriately interface with its advertising bookings system, including Quickcut and Adsend.
8.3. If Advertising Material is not lodged as required by Are Media, it may, in its reasonable discretion, and with reasonable endeavours to consult with Client, time permitting:
(a) use Advertising Material previously provided by Client;
(b) cancel the Booking;
(c) for a Digital Platform, reduce the number of impressions on a prorated daily estimate based on the total impressions set out in the Insertion Order; or
(d) for a Digital Platform, extend the campaign end date set out in the Insertion Order,
and, in all circumstances set out above, it remains entitled to the full payment for the Booking.
8.4. Are Media may place the word “advertisement”, “advertorial”, “promotion”, “#ad”, “#spon” or similar wording within or adjacent to any Advertising Material which, in its opinion, resembles editorial material.
9. INTELLECTUAL PROPERTY
9.1 As between Client and Are Media, Client retains the intellectual property in the Client Materials. Client grants to Are Media a limited, non-exclusive, royalty-free licence to reproduce and communicate the Client Materials to the public within the Advertising Materials in the Publications, or on the Digital Platforms, in accordance with these terms.
9.2 Unless otherwise agreed in the IO, Are Media owns the intellectual property in the Integrated Commercial Content (excluding any Client Materials incorporated therein) and any other materials produced by Are Media under this agreement. Client acknowledges that Integrated Commercial Content may in some cases remain published on Are Media’s Digital Platforms beyond the end of the campaign period. Unless specifically agreed otherwise in writing with Are Media, Client grants to Are Media a limited, non-exclusive, royalty-free licence for the duration of copyright to reproduce and communicate the Client Materials to the public within the Integrated Commercial Content.
9.3 Where the campaign includes syndication rights on Client properties for Integrated Commercial Content, Are Media grants Client a royalty-free, non-transferable and non-sublicensable licence to publish the Integrated Commercial Content on websites and social media channels owned or operated by Client for the syndication period agreed with Are Media (3 months post campaign period), provided that Client must, in so publishing that content:
(a) use it only in the form and manner approved by Are Media;
(b) include a credit for Are Media’s brand, as applicable, in a reasonably prominent manner, on each occasion it is published, including a canonical tag for digital publications, and in the format specified by Are Media;
(c) Separately clear any third party video or images included in the Integrated Commercial Content; and
(c) remove the Integrated Commercial Content promptly at the expiry of the syndication period.
9.4 For the avoidance of doubt, for editorial content created by Are Media, including editorial content referring to Client’s products (Editorial Content), Are Media grants no rights to Client.
9.5 If Client wishes to use Integrated Commercial Content in a manner not expressly provided for in these terms or to use Editorial Content, Client must first obtain Are Media’s written approval, which, if given, will be conditional on paying the applicable syndication fee and may be subject to such other conditions as Are Media determines.
10. WARRANTIES
10.1 Client warrants to Are Media that all Client Materials and any Advertising Material lodged with Are Media (whether or not Are Media provided creative services in relation to that Advertising Material):
(a) complies with all laws, statutes, regulations, codes of practice and any standards applicable to publication of the Advertising Material and determined by any relevant regulatory agency or industry self-regulatory body;
I(b) complies with any standard, guideline or requirement specified by Are Media and notified to Client from time to time;
(c) does not infringe copyright, trademark, obligations of confidentiality or other legal rights of any person;
(d) is not false or misleading and is true in substance and in fact;
(e) without limiting the above, does not infringe the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 1986 (NZ) or the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Regulations, the Therapeutic Goods Advertising Code or similar laws, regulations and codes operating in Australia or New Zealand; and
(f) does not contain anything which may give rise to any cause of action by a third party against Are Media, including material that is defamatory or obscene or that otherwise causes injury or damage to any person.
10.2 Client warrants to Are Media that, in respect of each Booking, Client is acting in its own right, as principal, and not as agent for, or otherwise on behalf of, any other party in relation to Client’s dealings with Are Media.
11. INDEMNITY
Client indemnifies Are Media, its officers, employees, agents and affiliates (and their employees and agents) against any action, claim, loss, expense or cost, suffered or incurred, whether directly or indirectly, by Are Media, its officers, employees, agents and affiliates (and their employees and agents) as a result of any breach by Client of these terms (including the warranties set out in these terms) or otherwise (including in connection with recovering any amounts owed to Are Media by Client) arising from publication of Advertising Material, cancellation of or failure to publish any Advertising Material or otherwise in connection with provision of the Services. This indemnity will not apply to the extent the claim, loss or expense was caused or contributed to by Are Media.
12. LIABILITY
12.1 Are Media (and its officers, employees, agents and affiliates) is not liable under these terms or otherwise in law for any indirect, special, economic or consequential loss or damage suffered or incurred by Client (or any other person) or loss of revenue, profit, goodwill, data or opportunity or loss of anticipated saving, whether caused by negligence or otherwise and whether or not Are Media was aware or should have been aware of the possibility of such damage.
12.2 To the extent permitted by law, all representations, conditions and warranties, whether based in statute, common law or otherwise, are excluded. Liability of Are Media for any breach of a term, whether implied by law or otherwise, is limited, at its option, to the supply of the Service (or part thereof) again or the payment for the cost of having the Services (or part thereof) supplied again.
12.3 Are Media is not liable for any delay or failure to perform the Services that is due to any natural disaster, unlawful act against public order or authority, breakdown of plant, industrial dispute, government or legal restraint or any other event not within its reasonable control.
13. CREDIT
13.1 Are Media may cancel, alter or suspend any credit terms (if applicable) when, in its reasonable opinion, and having regard to any supplementary information provided by Client, the financial condition of Client or the status of Client’s account requires it and Client agrees to pay on demand all sums owing in connection with any credit facility if the credit facility is suspended or cancelled.
13.2 If Are Media grants any credit facility to Client, Client agrees that a demand purporting to be signed on behalf of Are Media identifying unpaid amounts and accompanied by reasonable evidence of the basis on which those amounts are unpaid, is conclusive evidence that such amounts are payable and unpaid.
13.3 At the time at which it makes any request for Services, Client warrants that it is solvent and able to pay all of its debts as and when they fall due and Client must inform Are Media of any facts which might reasonably affect any decision to provide the Services and/or grant credit.
14. PRODUCT TRIALS
14.1 This clause 14 relates only to the conduct of trials (Product Trials) of Client’s product (Product) in connection with the Bounty Website, BH Website and BC Website.
14.2 Where the Services include conducting a Product Trial, Are Media will recruit participants in the Product Trial (Trial Team) from eligible members of the Bounty Website or BH Website), distribute samples of the Product to the Trial Team (Samples), collect, moderate and publish the Trial Team’s reviews and provide Client with a post-Product Trial summary.
14.3 Risk in the Samples remains with Client at all times.
14.4 Client warrants that:
(a) the Product is safe and does not contain any harmful, illegal or noxious materials;
(b) Client has obtained all rights and licenses that are necessary for Client to provide the Samples to Are Media and for Are Media to conduct the Product Trial;
(c) each of the Product, the Samples and the conduct of the Product Trial comply with all laws and applicable industry codes (including, if applicable, the World Health Organisation’s International Code of Marketing of Breast-milk Substitutes) and do not breach any provision of the Therapeutic Goods Advertising Code, the Competition and Consumer Act 2010 (Cth) or other consumer protection legislation;
(d) the Samples will, in their formulation, application and expected results, be consistent with the Product as generally distributed to the public; and
(e) the Samples will be properly packaged, labelled and intact.
14.5 Client must:
(a) notify Are Media of any special handling and usage requirements for the Samples; and
(b) deliver the Samples in accordance with Are Media’s requirements, including as to delivery address, delivery deadlines and, without limiting clause 14.4(e), form of packaging.
14.6 Are Media makes no representation or warranty as to:
(a) the number of reviews of the Product that will be obtained during the course of the Product Trial; and
(b) the content of any such reviews being positive.
14.7 Client acknowledges that the reviews of the Product that will be obtained during the course of the Product Trial are prepared by third parties who are independent of Are Media and not subject to its editorial control or direction. Client releases Are Media from any liability in connection with the content of those reviews.
14.8 Are Media may suspend or terminate the Product Trial if it reasonably considers that any of the warranties in clause 14.4 are false or if it considers that the continued conduct of the Product Trial may harm its reputation or the reputation of any of its brands. No refund will be payable to Client if the Product Trial is suspended or terminated under this clause.
14.9 Are Media grants the Client a limited, revocable licence to refer to its product as having won an award from the relevant brand (eg Bounty, Beauty Heaven or BeautyCrew), and to display any associated star rating or dinkus. This duration of this licence is only for so long as the Client remains a member of the Bounty Website, BH Website or BC Website, as the case may be.
15. MEMBERSHIP OF BOUNTY AND BEAUTY WEBSITES
15.1 This clause 15 relates only to membership of the Bounty Website, BC Website, BD Website and BH Website.
15.2 Are Media offers Clients the opportunity to acquire an annual membership to the Bounty Website, BC Website, BD Website and BH Website at a cost determined by Are Media from time to time. A Client who acquires such membership (Client Member) is entitled to certain benefits as notified to it by Are Media, including the benefit set out in clause 15.3. Are Media will use reasonable endeavours to contact the Client Member prior to the end of each annual membership. If a Client Member intends to not renew its annual membership, it must notify Are Media of that intention no later than 30 days prior to the expiry of the then-current annual period. If a Member does not so notify Are Media, its membership will continue for a further annual period.
15.3 For reviews submitted to the Bounty Website, BC Website or BH Website (Bounty, BC or BH Reviews) and star ratings issued by Are Media on the Bounty Website, BC Website or BH Website in relation to a product of a Client Member, Are Media grants the Client Member a royalty-free, non-transferable and non-sublicensable licence to publish one Bounty, BC or BH Review (as applicable and subject to clause 15.4) and the star rating for each Client Member product within the annual membership on websites and social media channels owned or operated by the Client Member. For the avoidance of doubt, this grant of rights is personal to the Client Member and the Client Member must not permit any third-party (including, for example, Bazaarvoice) to publish a Bounty, BC or BH Review or star rating, whether on websites and social media channels owned or operated by the Client Member or otherwise.
15.4. For each Bounty, BC or BH Reviews, the Client Member must include a credit for the reviewer and the Bounty Website, BC Website or BH Website, as applicable, in a reasonably prominent manner, on each occasion it is published.
16. PRODUCT SAMPLING – BOUNTY BAGS
16.1 This clause 16 relates only to the conduct of product sampling services of Client’s product (Product) in connection with the distribution of Bounty Bags to new parents or parents to be (Product Sampling).
16.2 Where the Services include Product Sampling:
(a) Client will, four weeks before the delivery deadline specified in the IO, submit to Are Media a sample of the Product. Are Media may review the sample to assess its suitability for inclusion in the Bounty Bags. Are Media may withhold its approval in its discretion. If Are Media does not approve the Product, it will provide reasons therefor and Client may submit a revised sample for approval.
(b) Client must at its expense deliver the Products to the delivery point notified by Are Media’s Bounty logistics manager, as per the delivery schedule in the IO and in the quantity periodically requested by Are Media during the campaign period set out in the IO, and in accordance with the delivery requirements schedule provided separately to the Client.
(c) Client must ensure that the Products: (i) comply with the sample approved by Are Media under clause 16.2(a); (ii) are properly and securely wrapped so as to avoid deterioration or adverse effect on the contents of other material in the Bounty Bags; (iii) comply with any specifications set out in the IO; (iv) comply with any reasonable directions of Are Media; (v) comply with all applicable laws, regulations and industry standards; and (vi) comply with the World Health Organisation International Code of Marketing of Breastmilk Substitutes, including by not including or depicting bottles, teats, dummies, infant formula, follow-on and toddler formula or commercial baby foods designed to replace breast milk.
(d) Client will be responsible for any damage to the Bounty Bags or other material contained in them caused by incorrect wrapping or packaging of the products or other breach of clause 16.2(c).
(e) Each of the Client and Are Media must notify the other as soon as practicable after becoming aware of any defect in the Products or any other non-compliance of the Products with clause 16.2(c). Upon becoming aware of any defect in the Products, Are Media may take whatever action it considers necessary to address the defect at Client’s expense, in consultation with the Client, including one or more of: (i) modifying the Product to remove the defect; (ii) removing the Product from the Bounty Bags; (iii) conducting a recall of the Products or the Bounty Bags that contain them; or (iv) conducting advertising campaigns or other measures to bring the defect to the public’s attention.
(f) Client warrants that it will use ethical sourcing practices in respect of the Products, including by not sourcing them or any component of them from any person Client reasonably believes: (i) uses any form of forced, bonded or involuntary labour, including child labour, slavery, slavery-like practices, servitude, deceptive recruiting for labour or services, lodgement of identity papers as a condition of work and human trafficking; (ii) does not comply with applicable work health and safety standards; (iii) does not comply with applicable environmental standards. Client further warrants that it has in place due diligence procedures that are reasonably sufficient to identify any conduct referred to in this sub-clause and will notify Are Media as soon as it becomes aware of any such conduct.
(g) Client acknowledges that the number of participants in the Bounty Bags program, including hospitals and pharmacies (Participants) will vary from time to time and that the quantities of the Products requested by Are Media may fluctuate depending on, among other things, hospital orders and birth rates.
16.3 Are Media will accept delivery of the Products provided the delivered Products meet the delivery requirements set out in clause 16.2(b) and (c). Are Media may refuse to accept, pack or distribute Products that in its reasonable opinion: (i) do not satisfy the requirements in clause 16.2(b) and (c) or are otherwise unfit, unsafe or unsuitable for distribution; (ii) are in excess of the quantity requested by Are Media; or (iii) which do not match the sample Are Media approved under clause 16.2(a). In that event, Are Media will notify Client of such refusal as soon as reasonably practicable, and reserves the right to either: (i) invoice the Client for the distribution of the Products that is not conducted due to such non-compliance; or (ii) recover any additional costs actually incurred in distributing non-complying Products.
16.4 Are Media will return to the Client on request and at Client’s expense, any Products that are deemed unsuitable or unfit for inclusion or that do not otherwise comply with this clause 16.
16.5 Are Media will, during the campaign period:
(a) store the Products in clean, dry and secure conditions and remain in a condition fit for inclusion in the Bounty Bags;
(b) include one unit of each Product in each Bounty Bag, up to the volume set out in the IO (any inclusion of Products in Bounty Bags in excess of the agreed volume will be charged at the CPM rate agreed in the IO);
(c) distribute the Bounty Bags to Participants;
(d) ensure that all materials other than the Products included in the Bounty Bags are reputable, appropriate and attractively packaged;
(e) not use the Products for any purpose other than inclusion in the Bounty Bags and not re-sell the Products; and
(f) issue a stock report at the end of each month showing the number of Products distributed to Participants and delivered to packing houses during that month.
16.6 Are Media may terminate any Product Sampling activity on 30 days’ written notice to Client if in Are Media’s reasonable opinion and following consultation with Client: (i) the continued distribution of the Products is likely to be detrimental to the reputation and goodwill associated with the Bounty Bags; or (ii) the proposed distribution channel ceases to be available. In that event, within 14 days of the termination notice, the Client must collect from the delivery point nominated by Are Media’s Bounty logistics manager, and at its own cost, all remaining Products, failing which Are Media may dispose of such Products without further notice.
17. DIRECTORIES
17.1 This clause 17 relates only to placement of Client’s advertisements in one or more Directories within one or more Publications.
17.2 Where the Services include placement in one or more Directories:
(a) Client’s Booking and space on the grid for the relevant issue of the Publication is confirmed either by Client’s email of confirmation or by a signed IO, whichever happens first;
(b) Cancellations must be given in writing at least 2 weeks’ prior to relevant booking deadline;
(c) All rates quoted are per issue rates. Where Are Media has given a discount as part of a Booking, rates will default to ratecard if that Booking is renewed or a new Booking made;
(d) For Bookings made on pre-paid terms, payment must be received by the material deadline; and
(e) Despite anything else in these terms, Are Media may, in its sole discretion, run an advertisement in a Directory before payment has been made, particularly in circumstances where a Booking is accepted at short notice after booking and cancellation deadlines have passed. In that case, Client will be liable to pay the agreed fees within 7 days of the publication date of the advertisement.
18. CONFIDENTIALITY
18.1 A party that receives Confidential Information from the other party, must, except with the other party’s consent: (i) not disclose or allow the disclosure of any of it to any person except to the extent the disclosure is required by law or the rules of any stock exchange; and (ii) use it only to the extent necessary to fulfil its obligations under these terms.
18.2 Each party’s obligations under clause 18.1 do not apply to any information that was developed by that party without reference to the Confidential Information; or to any part of the Confidential Information that was known to that party prior to disclosure to that party; to any information that is or becomes generally available in the public domain other than as a result of a breach of clause 18.1; or was provided to that party (without restriction as to its use or disclosure) by a person legally entitled to do so.
19. GENERAL
19.1 These terms and any agreement between Client and Are Media are governed by the laws of New South Wales and Client submits to the jurisdiction of courts exercising jurisdiction in that State.
19.2 These terms bind Are Media and Client and their respective successors.
19.3 The invalidity or unenforceability of any provision of these terms does not affect the validity or enforceability of the remaining provisions.
19.4 Client must not assign its rights under these terms or a Booking to any other person.
20. DEFINITIONS
In these terms, unless the context otherwise requires:
Advertising Material means advertising copy and any other material intended to advertise or promote Client, its products or services:
(a) provided to Are Media by or on behalf of Client; or
(b) created by Are Media in the course of providing creative services to Client, excluding Integrated Commercial Content;
Advertising Material Lodgment Requirements means the requirements for lodgment of Advertising Material for Publications with Are Media, including technical and delivery requirements, as specified on Are Media’s Website or otherwise specified by it from time to time, and available here;
Are Media means, for Australian Bookings, Are Media Pty Limited (ABN 18 053 273 546) and any affiliate for which it enters into a Booking and, for New Zealand Bookings, Are Media Limited (Co No 8042050) and any affiliate for which it enters into a Booking;
Are Media’s Website means, for Australian Bookings, the website located at www.aremedia.com.au and, for New Zealand Bookings, the website located at www.aremedia.co.nz;
BC Website means the website located at beautycrew.com.au and, where applicable, its associated digital properties, BD Website means the website located at beautydirectory.com.au and, where applicable, its associated digital properties and BH Website means the website located at beautyheaven.com.au and, where applicable, its associated digital properties;
Booking means an agreement for the provision of Services between Client and Are Media made in accordance with clause 3.1;
Bounty Website means the website located at bountyparents.com.au and, where applicable, its associated digital properties;
Client means:
(a) any person who places a request for Services or enters into a Booking or to whom Are Media supplies Services; and
(b) if an agency places a request for Services or enters into a Booking on behalf of that agency’s client, that agency;
Client Materials means Client’s trade marks and logos, copy, video, images and all other materials supplied by Client to Are Media under this Agreement; and includes any claims about Client or its products or services which Client has supplied to Are Media for use in any Advertising Material or Integrated Commercial Content;
Confidential Information means all information, regardless of its form, provided by Are Media or Client in connection with a Booking or these terms and that is marked “confidential” (or with a synonymous term) or is, by its nature, confidential, and includes all information contained in an Insertion Order.
Digital Platform means a digital platform (including a website, a mobile optimized version of a website and an application) operated by Are Media or with which it is associated;
Directories means one or more sections of a Publication comprising supplier or shopping directories featuring several advertisements on the one page;
Insertion Order or IO means a notice from Are Media to Client confirming the details of a potential Booking and offering to provide the Services the subject of the potential Booking, and allowing for Client to digitally sign to confirm the Booking;
Integrated Commercial Content means content in any form which Are Media (or its personnel, contractors or reviewers) has produced for a specific campaign or Client as set out in the IO including advertorials, native articles & videos, recipes, solus e-newsletters, podcasts, competitions, product/service reviews, social posts, bespoke websites or microsites, and other integrated or sponsored content, and includes all iterations, drafts, storyboards, concepts and pitches whether ultimately published or not, but excluding standard Advertising Material;
Publication means a print publication (including any digital replica version) published by Are Media or with which it is associated; and
Services means the provision to Client by or on behalf of Are Media of advertising opportunities, including Advertising Material and Integrated Commercial Content, in a Publication or on a Digital Platform, product trial services on the BH Website, Bounty Website and BC Website, and Product Sampling in connection with the distribution of Bounty Bags.
Advertising Terms last updated on 28 October 2024.