USERS - Mediamark
Transcription
USERS - Mediamark
MORE USERS MORE ENGAGEMENT Rate Card Effective 01 January 2014 1 Contents Mediamark Digital Brands 2 MSN Home Page Rates 3 MSN Lifestyle Rates 4-5 MSN News Rates 6 MSN Business Rates 7 MSN Entertainment Rates 8-9 MSN African Channel Rates 10 MSN Ads in Apps Rates 10 MSN Mobile Rates 10 MSN Kenya Rates 11 MSN Nigeria Rates 12 Skype Rates 13 Daily Motion Rates 14 East Coast Radio Rates 15 Jacaranda FM Rates 16 Newsletters and Promo Mailers East Coast Radio 17 Jacaranda FM 17 Terms and Conditions Contact Details 18-19 20 1 2 Represents • • • • • • Unique audience 1.9 Million unique browser Biggest homepage in SA 5x the time spent on page (05:15 vs industry ave of 01:30) 3x the time spent on site (15:31 vs industry ave of 05:33) Free rich media serving • Only one ad unit per per placement = zero clutter • Personal connection medium • Average call duration = 30 minutes • Over one million unique browsers across PC and mobile • Free rich media serving • Biggest online radio website in SA • Loyal followers across multiple platforms • Regional focus • Adds sight to the sound of your radio campaign • Second biggest online radio website in SA • Loyal followers across multiple platforms • Regional focus • Adds sight to the sound of your radio campaign • Second biggest online video platform globally • 700 000 unique users per month • 3.7 million page views per month • Multi-device product allowing you to upload, share and view video’s on your desktop, mobile or tablet MSN - www.msn.com Skype - www.skype.com Jacaranda FM - www.jacarandafm.com East Coast Radio - www.ecr.co.za Daily Motion - www.dailymotion.com 2 3 MSN Homepage Rates Section MSN Homepage Effective 01 January 2014 Ad Position CPM Rate Homepage Takeover - daily cost (max 40kb) R 250 000 Banner-728x90 (max 40kb) R 385 Rectangle-300x250 and 300x600-Top (max 40kb) R 385 Rectangle-300x250-Bottom (max 40kb) R 385 Always-on 620x45 p/m cost (max 40kb) R 150 000 Always-on 300x100 p/m cost (max 40kb) R 125 000 Text links p/m cost (max 40kb) R 25 000 Sponsored link p/m cost (max 40kb) R 35 000 Wallpaper R 200 Filmstrip (max 40kb) R 385 Slider (max 40kb) R 385 Sidekick (max 40kb) R 150 000 6 Hours R 100 000 3 Hours R 80 000 > Billboard R 385 12 Hours << < << 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Film Strip Slider Sidekick Billboard Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 4 MSN Lifestyle Rates Section Men Women Motoring Property Sports Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 5 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 8 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 6 000 Banner-728x90 R 385 Rectangle-300x250 300x600 R 385 Channel TO per day R 4 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 10 000 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 5 MSN Lifestyle Rates (cont) Section Tech and Gadgets Pregnancy Careers Find a car Windows 8 Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 3 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 6 MSN News Rates Section News Africa News Sports News Business News Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 38 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 7 MSN Business Rates Section Business Personal Finance Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 8 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 8 MSN Entertainment Rates Section Entertainment Dating Games Travel Weather Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 35 000 Banner-728x90 R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 3 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 5 000 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Weather Sponsorship ROS R 115 000 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 4 9 MSN Entertainment Rates (cont) Section Video Radio Downloads Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper Channel Take Over Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 4 10 MSN African Channel Rates Section MSN Africa Portal Effective 01 January 2014 Ad Position CPM Rate Banner-728x90 R 385 Rectangle-300x250 300x600-Top R 385 Rectangle-300x250-Bottom R 385 Channel TO per day R 80 000 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Wallpaper MSN Ads in App Rates MSN Mobile Rates Effective 01 January 2014 Section Ads in Apps Ad Position Banner-300x50 300 x 50 - Banner Channel Take Over Effective 01 January 2014 CPM Rate Section R 280 MSN mobile Ad Position Banner-300x50 CPM Rate R 150 300 x 50 - Banner Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 11 MSN Kenya Rates Section Effective 01 January 2014 Ad Position CPM Rate MSN Homepage 300x250 300x600 - Top & Bottom $35 - cpm MSN ROS 300x250 300x600 - Top & Bottom $30 - cpm Homepage Takeover 300x250 300x600 $3100/24hr Film Strip $30 cpm Slider $30 cpm Sidekick MSN Kenya Billboard $8 000 12 hours $6 000 6 hours $5 000 4 hours $3 000 24 hours $8 000 12 hours $6 000 6 hours $5 000 4 hours $3 000 > Homepage Takeover $30 cpm 24 hours << < << 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Film Strip Slider Sidekick Billboard Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 12 MSN Nigeria Rates Section Effective 01 January 2014 Ad Position CPM Rate MSN Homepage 300x250 300x600 - Top & Bottom $35 - cpm MSN ROS 300x250 300x600 - Top & Bottom $30 - cpm Homepage Takeover 300x250 300x600 $3100/24hr Film Strip $30 cpm Slider $30 cpm Sidekick MSN Nigeria Billboard $8 000 12 hours $6 000 6 hours $5 000 4 hours $3 000 24 hours $8 000 12 hours $6 000 6 hours $5 000 4 hours $3 000 > Homepage Takeover $30 cpm 24 hours << < << 300 x 250 - MPU 300 x 600 - Half page 728 x 90 - Leaderboard 300 x 250 - Bottom Film Strip Slider Sidekick Billboard Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 13 Skype Rates Effective 01 January 2014 Section Ad Position CPM Rate Rectangle-300x250 in-call banner (max 40kb) R 400 Skype (300x250 - 500x300 max 40kb) Expanding Ad - Homepage R 400 Skype (300x250 max 40kb) 24 hr Non-expanding Ad - Homepage R 400 Skype Click to full screen (300x250 - full screen) - Homepage R 400 Skype IAB Filmstrip (300x250) - Homepage R 400 Skype Masthead (650x170 - 650x340 max 50kb) - Homepage R 400 Skype Masthead Non-expand Ad (650x170 max 50kb) - Homepage R 400 mobile Skype Mobile 300x50 (max 35kb) R 200 300 x 250 - banner 300 x 250 - Expanding > Skype < >> 650x170 Film Strip Masthead Mobile 300 x 50 Mobile 320 x 50 Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 14 Daily Motion Rates Section Homepage Channels Web Video Mobile Mobile App Effective 01 January 2014 Ad Position CPM Rate Homepage Takeover - daily cost (40 000 impressions) R 10 000 Banner-728x90 R 250 Rectangle-300x250 (max 40kb) R 250 Expand Banner-300x250: 625:250 (max 40kb) R 300 Rectangle-300x600 (max 40kb) R 300 Rectangle-120x600 (max 40kb) R 250 Masthead Banner-970x250 (max 40kb) R 300 Channel Page Takeover - daily cost (20 000 impressions) R 5 000 Overlay Ad R 300 Video Pre Roll R 300 Interactive Pre Roll R 350 Customized Player R 300 Banner R 80 Interstitial R 100 Video Pre Roll R 150 Interstitial R 100 Video Pre Roll R 150 >> 728 x 90 - Leaderboard 300 x 250 300 x 250 - Expanding 300 x 600 728 x 90 - Leaderboard Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 15 East Coast Radio Section Homepage Sections Run Of Site Effective 01 January 2014 Ad Position CPM Rate Leaderboard 728x90 (50kb) R 400 MPU 300x250 (50kb) R 400 Listen Live Drop Down banner 486x60 (50kb) R 300 Wallpaper 1280x1315 (100kb) R 450 MPU 300x250 (50kb) R 315 Leaderboard 728x90 (50kb) R 315 Stamp Button 2x 120x120 (50kb) R 6 000 p/m Flat Rate Wallpaper 1280x1315 (100kb) R 400 MPU 300x250 (50kb) R 300 Leaderboard 728x90 (50kb) R 300 Wallpaper 1280x1315 (100kb) R 400 MPU 300x250 (50kb) Homepage Takeover Leaderboard 728x90 (50kb) R 18 000 Wallpaper 1280x1315 (100kb) 300 x 250 - MPU 728 x 90 - Leaderboard Stamp Button Wallpaper Listen Live Drop Down Banner Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 16 Jacaranda FM Section Homepage Sections Run Of Site Effective 01 January 2014 Ad Position CPM Rate Leaderboard 728x90 (50kb) R 400 MPU 300x250 (50kb) R 400 Listen Live Drop Down banner 486x60 (50kb) R 300 Stamp Button 2x 120x120 (50kb) R 6 000 p/m Flat Rate Wallpaper 1280x1315 (100kb) R 450 MPU 300x250 (50kb) R 315 Leaderboard 728x90 (50kb) R 315 Wallpaper 1280x1315 (100kb) R 400 MPU 300x250 (50kb) R 300 Leaderboard 728x90 (50kb) R 300 Wallpaper 1280x1315 (100kb) R 400 MPU 300x250 (50kb) Homepage Takeover Leaderboard 728x90 (50kb) R 18 000 Wallpaper 1280x1315 (100kb) 300 x 250 - MPU 728 x 90 - Leaderboard Stamp Button Wallpaper Listen Live Drop Down Banner Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 17 East Coast Radio Section Effective 01 January 2014 Ad Position CPM Rate Newsletters and Promo Mailers Newsletter Promo Mailer Leaderboard 728x90 (36kb) R 250 Super Banner 728x90 (36kb) R 250 Advertorial 70x70 (200 words) R 250 Client Content 680 pixels R 12 000 Development Cost R1 600 Financial Indicators 138x45 R 6 000 Weather 138x45 R 6 000 Sponsorship Rates Homepage (Monthly) Jacaranda FM Section Effective 01 January 2014 Ad Position CPM Rate Newsletters and Promo Mailers Newsletter Promo Mailer Leaderboard 728x90 (36kb) R 250 Super Banner 728x90 (36kb) R 250 Advertorial 70x70 (200 words) R 250 Client Content 680 pixels R 12 000 Development Cost R1 600 Financial Indicators 138x45 R 6 000 Weather 138x45 R 6 000 Sponsorship Rates Homepage (Monthly) Rich Media ad-serving fee - SQ | Rates include trafficking fee / Rates exclude VAT(ZAR) / Rates quoted include agency commission where applicable | Formats: Flash file (swf), animated gif, static gif, jpeg and 3rd party tags 18 Terms and Conditions Effective 01 January 2014 1 The Parties 3 Placement of Advertisements be cancelled with immediate effect with no obligations to the all advertisements that may appear on Mediamarks’ web client or Mediamark; properties in terms of this agreement. 1.1 The parties to this agreement Mediamark and the party 3.1 Material, image and/or content, required by Mediamark 3.4.6 If material is not received timeously, Mediamark will 4.3 Cancellation by the Advertiser will only be effected whose details are fully set out on the Insertion Order as part to give effect to this agreement, needs to be supplied to allocate material on behalf of a charity organisation to flight through the submission of a written cancellation notice, of this agreement hereinafter referred to as the “Advertiser”. Mediamark, in such format as Mediamark may specify, at least until such time that material is received. The Advertiser will which must reach Mediamark twenty-eight (28) days before 1.2 The Advertiser hereby acknowledges and agrees that the 3 (three) working days prior to the campaign commencing. remain liable for full payment of the campaign. the effective date of cancellation. The Advertiser shall remain Advertiser will be responsible to fulfil or procure fulfilment of Mediamark shall not be obliged to place any advertisement 3.5 All bookings are subject to availability on receipt of a liable for all advertisements placed until the effective date all its obligations as set out in this agreement and that the that does not satisfy its technical requirements with regards signed Insertion Order (IO). of cancellation. Should the Advertiser insist on a waiver of Advertiser will ultimately be liable to Mediamark for fulfilment to advertising creative dimensions, file type and file size. 3.6 All bookings are subject to approval by the individual the cancellation notice period, i.e. immediate cancellation of of all of its obligations under this agreement. 3.2 Mediamark will provide Advertiser with reports on media owners. the campaign, Mediamark will be entitled to hundred percent 1.3 Annexures, addendums or schedules to this agreement advertisements placed within Mediamarks’ web properties as 3.7 IO’s together with all relevant creative/material must be (100%) of the originally booked campaign value, i.e. the full form an integral part hereof. If any provision in an annexure, per Auto Campaign Frequency Reporting field specified on received no less than three days before campaign starts. Online Advertising Agreement value will be payable. addendum or schedule is in conflict with a provision(s) in this Insertion Order. 3.8 If Creative/material is not supplied in the stipulated three 4.4 Please note that impressions are booked on a daily basis, agreement, effect shall be given to the other provision(s) in 3.3 The placing of advertisements is subject to availability day deadline the campaign will be charged for in full. therefore your invoice will reflect the billing per day, for the this agreement. of inventory. Whilst every effort will be made to serve all 3.9 IO’s are subject to the Mediamark terms and conditions current month only. advertisements as set out on the Rate Card effective July 2010 and the 2 Definitions as indicated in this agreement, strict 5 Consideration compliance will not always be possible and Mediamark cannot website www.mediamark.co.za. be held liable for any advertisements not placed as set out 3.10 For purposes of audit compliance, changes cannot be 2.1 For the sake of convenience and clarity, the following in this agreement and/or any changes in the placement of accepted verbally and must be made in writing. 5.1 In consideration for the advertisements served in terms words shall bear the meanings assigned to them below : advertisements. 3.11 Agency Commission percentage to be confirmed by of this agreement, the Advertiser 2.1.1 “Advertisement(s)” means any text, graphics, image, 3.4 Mediamark reserves the right to : Mediamark Finance Department amounts set out in this agreement content or any other marketing or promotional material 3.4.1 Serve any advertising on Mediamarks’ web properties, 3.12 Please note that impressions are booked on a daily 5.2 The amounts set out in this agreement are exclusive provided by the Advertiser including (without being limited to) advertising relating to basis, therefore your invoice will reflect the billing per day, of within Mediamarks’ web properties as set out on the first competing products and/or services; for the current month only. being explicitly reflected as being exclusive of agency page; 3.4.2 Change the format, layout and/or look-and-feel of 3.13 All campaigns shall be monitored, reported on and commission. 2.1.2 “Campaign(s)” means all of the advertisements Mediamarks’ web properties; invoiced based on Mediamark’s inventory management 5.3 Mediamark shall provide the Advertiser with a monthly that shall be placed within Mediamarks’ web properties 3.4.3 Include any link in the web pages within Mediamarks’ system. VAT invoice. The amounts set out in the VAT invoice will be in accordance with the details set out in this agreement web properties that Mediamark, in its sole discretion, deems collectively; appropriate; 4 2.1.3“Insertion Order” means the document headed ”Online 3.4.4 Reject any advertisement that is improper, immoral or reasonable written notice which may include an e-mail Advertising Agreement” and/or “IO” stipulates the details of unlawful. The client will be duly informed of such decision and 4.1 This agreement shall come into effect on the date when notification of any increase in any amount set out in this the Advertiser and the placement of the advertisements; and allowed 48 hours to rectify the advertisement, failing which it is counter signed by an authorized representative of agreement. 2.1.4 “This agreement” means the first page, all additional the client will remain liable for the total campaign value whilst Mediamark (“the effective date”) and shall endure until the 5.5 Should the Advertiser numbered pages, the terms and conditions set out herein Mediamark will not be liable to serve any advertising on such end date set out on the Insertion Order (unless otherwise Mediamark by due date, Mediamark shall be entitled, in its and any annexure, schedule or addendum attached hereto. campaign until the rectified material has been received. agreed in writing), subject to the right of either party to discretion and without prejudice to any other rights which 3.4.5 Reject any campaigns and/or advertisements that terminate the agreement by means of twenty-eight (28) it may have in law, forthwith cancel this agreement or are not appropriate to Mediamark’s viewers, or in conflict days prior written notice to such effect to the other party. suspend performance of its obligations without notice to the with Mediamarks’ business interests. The client will be duly 4.2 In the event of termination of this agreement for any Advertiser. informed of such decision and the applicable campaign will reason to Mediamark for placement VAT, but inclusive of will pay Mediamark the agency commission, unless payable within the agreed payment period. Duration & Cancellation whatsoever, Mediamark shall 5.4 Mediamark shall be entitled to give the Advertiser forthwith fail to pay any amount to remove Terms and Conditions continued on next page 6 19 Terms and Conditions continued 6 Intellectual Property Rights 7 obligations under this agreement will not result in the breach 9 General Limitation of Liability of any applicable law or any third party rights and the 6.1 The Advertiser hereby grant to Mediamark a worldwide, 7.1 The Advertiser acknowledge that neither Mediamark Advertiser hereby irrevocably and unconditionally indemnify 9.1 This document contains the entire agreement between royalty free license to use the advertisement, Advertiser nor its respective Publishers has no knowledge of, nor in Mediamark and agree to hold Mediamark harmless from and the parties in respect of the subject matter hereof and no name, trademark, logo, brand name and/or domain name to any way contributes to, nor approves the advertisement against any loss, costs, damages and/or claims suffered or party shall be bound by any undertakings, representations, the extent necessary to give effect to the provisions of this and/or any other content provided to Mediamark or its incurred by or instituted against Mediamark as a result of a warranties, promises or the like not recorded herein and no agreement. respective Publishers in terms of this agreement and that breach of this warranty. alteration, cancellation, variation of, or addition hereto shall 6.2 The Advertiser hereby warrant that the Advertiser is, and certain kinds of advertisements, content and conduct may 7.4 Nothing herein or that Mediamark does in performance be of any force or effect unless reduced to writing and signed at all relevant times will be, the lawful owner of the copyright be offensive, unlawful, in breach of codes of conduct binding of its obligations in terms hereof, shall be interpreted so by both parties. of the advertisement and all the material and content on Mediamark, violations of legislation, violations of the as to give Advertiser any form of entitlement in respect of 9.2 No indulgence, leniency or extension of time that provided by the Advertiser to the Web for the purposes common law generally or violations of the requirements or Mediamark’s web properties, other than as provided for Mediamark may grant or show to the Advertiser, shall in any hereof and hereby irrevocably and unconditionally indemnify rules of any regulatory authority and that certain kinds of herein. way prejudice or preclude Mediamark from exercising any of Mediamark and agree to hold Mediamark harmless against advertisements, content and conduct may cause harm to the 7.5 any claim made by any person, howsoever arising from any name, goodwill and reputation of Mediamark or its respective agreement, neither party shall be liable to the other party 9.3 The Advertiser may not, in any manner whatsoever cede infringement of copyright and/or infringement of any other Publishers. The Advertiser therefore agrees that Mediamark for any indirect and/or consequential damages directly or or assign any of Advertiser’s rights or obligations under this intellectual property rights or other third party rights by the or its respective Publishers may, without derogating from any indirectly resulting from (relating to) this agreement in any agreement without Mediamark’s prior written consent, which advertisements and/or any other material provided by the other rights that it may have, terminate this agreement with manner whatsoever. shall not be unreasonably withheld. Advertiser to Mediamark. immediate effect and without notice to the Advertiser, should 6.3 The parties agree that, except where specifically provided Mediamark or its respective Publishers, in their sole discretion, otherwise in this agreement, no party shall obtain any rights be of the opinion that the Advertisers’ advertisement and/or of whatsoever nature in or to the intellectual property rights any of the content accessible via link from the advertisement Notwithstanding termination of this agreement, the parties committed a material breach of any of its obligations under of the other party and that any intellectual property rights or any conduct within the website accessible via a link from agree to treat all information, in whatever form and howsoever this agreement and has failed to remedy such breach within developed during the term of this agreement by Mediamark the advertisement is offensive, unlawful or harmful. recorded, that may reasonably be argued to have commercial fifteen (15) days of receiving notice requiring it to do so. or by the parties acting jointly, shall vest exclusively in 7.2 The Advertiser agrees that nothing that Mediamark value and that a party receives from the other party as a 9.5 This agreement shall be subject to the laws of the Republic Mediamark. does in the exercising of its rights or the performance of result of this agreement (“confidential information”), as of South Africa and the parties submit to the jurisdiction of the 6.4 The Advertiser will not be entitled to use any of its obligations in terms of this agreement or in the carrying private and confidential and safeguard it accordingly. The South African courts and each party chooses the address set Mediamark trademarks, logos, brand names, domain names on of its business generally shall be construed as an parties furthermore agree not to use or disclose or divulge or out in this agreement as its domicilium citandi et executandi or other marks without Mediamark’s prior written approval. assumption of responsibility or liability by Mediamark for the copy or reproduce or publish or circulate or reverse engineer (“domicilium”) for the purposes of this agreement advertisement and/or the content accessible via a link from and/or decompile or otherwise transfer, whether directly or 9.6 This agreement may be executed in one or more the advertisement and/or the conduct carried on the website indirectly, any confidential information to any other person counterparts all of which shall be considered to be one and accessible via a link from the advertisement. and shall take all such steps as may be reasonably required the same agreement. 7.3 The Advertiser hereby warrant to and in favour of to prevent confidential information falling into the hands of Mediamark that the performance by Mediamark of its unauthorised persons. Notwithstanding any other provision under this its rights in the future. 9.4 Either party may (without prejudice to any of its other 8 Confidentiality rights which it may have in law), terminate this agreement at any time on notice to the other if the other party has 20 Mediamark Johannesburg Mediamark Cape Town mediamark house. mediamark. first floor. building 2. 36 homestead road. rivonia. fusion quarter. waterford mews. p.o. box 5981. rivonia. 2128. century boulevard. century city. tel. +2711 235 7600. fax. +2711 803 5388. tel: +2721 529 4140. fax: +2721 551 6390. www.mediamark.co.za Printed on Cocoon Offset 100% Recycled White 350gsm