Advertisement
The advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the Customer wishes to appear on the Web Site, or the Newswire bearing the Customer Branding which the Customer wishes TravelMole.com to send by e-mail to Newswire Subscribers, as the case may be.
 
Agreement
The agreement between TravelMole and the Customer on these terms and conditions and any Special Conditions, as solely outlined in advertising Insertion Order.
 
Copy
The style and form in which the Advertisement will appear on the Web Site or in a Newswire, as determined by this Agreement and any Special Conditions and as agreed from time to time between TravelMole and the Customer.
 
Customer
The person named as such on the Order Confirmation Form and/or their advertising agency.
 
Customer Branding
The branding of the Customer which may appear in the Advertisement.
 
Duration
The period for which the Advertisement will appear on the Web Site.
 
Order Confirmation
The advertising order confirmation received from Customers by email, mail, fax and/or verbally, indicating advertising purchased and related price(s), placement date(s), etc., which are subject to these terms and conditions.
 
Newswires & other Emails
Emails sent by or on behalf of TravelMole to Subscribers.
 
Newswire Subscriber & Community Members
A user of the Web Site who has registered with TravelMole to receive Newswires and other emails.
 
Price
The price payable by the Customer, as set out on Rate Sheet and/or the Order Confirmation. All prices quoted and/or appearing on Insertion Order and Invoices are net of any and all volume and ad agency discounts.
 
Release Date
The date on which a Newswire containing an Advertisement is due to be released, as agreed between the parties.
 
TravelMole
TravelMole Media Group LLC, a Delaware USA Limited Liability Company.
Mailing addresses:
UK - 26 York St., Communications House, Mayfair, London, W1U 6PZ United Kingdom
USA - 2885 Sanford Ave SW, Ste. # 16955, Grandville, MI  49418 USA
 
Special Conditions
Any conditions contained in the Order Confirmation Form.
 
Special Instructions
The details regarding the size and positioning of the Advertisement on the Web Site or Newswire and other terms set out on the Order Confirmation Form.
 
Unacceptable
In respect of any Advertisement, means that it is inaccurate, contravenes any law or code of practice relating to the content of advertisements generally, infringes the intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Web Site, the Newswire service or the Internet in general.
 
Web Site
The presence of TravelMole or any of their subsidiaries on the world wide web identified in the Order Confirmation Form.

By submitting material for the Advertisement to TravelMole and/or paying the Price, the Customer accepts these terms and related advertising Insertion Order and authorizes TravelMole to publish the Advertisement on the Web Site or in a Newswire, as the case may be, once the Copy has been submitted to TravelMole.  Any changes to advertising Insertion Order may only be made through an amended Insertion Order and not through other forms of communications (e.g. email, phone, etc.).

The advertiser and its agency, if there is one, each represents that it is fully authorized and/or licensed to publish the entire contents and subject matter contained in its advertisement including (1) the names, portraits and/or pictures living or dead; (2) any copyrighted material; trademarks, and/or depictions of trademarked goods or services; (3) any photographs, testimonials, or endorsements contained in any advertisement submitted to and published by the TravelMole. In consideration of the TravelMole's acceptance of such advertisement for publication, the agency and the advertiser will indemnify and save harmless the TravelMole against all loss, liability, damage, and expenses of any nature (including reasonable attorneys' fees) arising out of the copying, printing, or publishing of its advertisement and resulting from any proceedings, claims, or suits including, without limitation, for libel, violation of rights of privacy and of publicity, unfair competition, intentional or negligent infliction of emotional distress, and copyright and/or trademark infringement.

3.1 To pay the Price on immediate receipt of an invoice from TravelMole and in any event no later than the date on which the Advertisement is to appear on the Web Site or in a Newswire, as the case may be. If the Customer does not pay the Price after Advertisements has begun to run, TravelMole may remove the Advertisement from the Web Site or Newswire or all of these, at which time the full Price is due and payable as per Section 6.2 and 6.3.

Payments which are not paid within 7 days when due, will be charged a daily interest at a rate equal to 3% above National Westminster Bank plc base lending rate current during the time that payment remains outstanding. Interest shall continue to accrue until such time as payment has been received by TravelMole.  Additionally, Customer shall be responsible for any debt recovery costs incurred by TravelMole.

3.2 To indemnify TravelMole.com against all losses, costs, claims, damages or other expenses that TravelMole incurs as a result of breach by the Customer of any of these terms, or as a result of any third party claims which TravelMole receives as a result of the Advertisements.

3.3 To acknowledge that TravelMole retains full editorial control over all Advertisements and that TravelMole.com will own all copyright in the Advertisements, save that TravelMole shall not own any Customer Branding, Trade Names and Trade Marks.

3.4 To provide all materials for the Advertisement (including, without limitation, GIF and JPEG files) in accordance with the procedures and deadlines required by TravelMole from time to time.

3.5 Customer will carefully review advertising proof for any errors, prior to publication.  Final approval must be received by TravelMole from Customer before advertisement will be published. If Customer sends advertisement to TravelMole's advertising production department after closing date, Customer will not be provided with an opportunity to approve or revise advertisements and will have deemed to have approved advertising for publication.  Under no circumstances can/will TravelMole be responsible for errors, omission, appearance, etc. in advertisement approved by Customers.

4.1 To use reasonable endeavours to ensure that the Advertisement features on the Web Site for the Duration, or, in the case of Newswires, on the Release Date, and in each case in accordance with the Special Instructions.

Unless specifically indicated on advertising Insertion Order Confirmation ad size, positioning, placement date(s), email broadcast time, and/or any other matter related to ad, non are promised or guaranteed and TravelMole shall, at it's sole discretion decide on such matters.

4.2 To use reasonable endeavours to ensure that the Web Site is accessible to users of the world wide web for a minimum of 140 hours each week.

4.3 TravelMole supports and does make every effort to ensure itself and its agents and suppliers are in compliance with the USA CAN-SPAM Act of 2003; The EU and UK "Privacy and Electronic Communications" Directive originally issued in 2002; Australia's anti-spam law is the Spam Act 2003; Singapore Spam Law 2007; and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and The Electronic Commerce Protection Act, and related codes.

4.4 TravelMole does not guarantee any levels of response to the Advertisement.

5.1 The Customer warrants that the Advertisement is not Unacceptable. If TravelMole at any time considers that the Advertisement is Unacceptable TravelMole may remove the Advertisement from the Web Site or Newswire, as the case may be. In this case TravelMole will not refund any part of the Price to the Customer.

5.2 The Customer warrants that the Customer Branding will not infringe the intellectual property rights of any third party.

5.3 TravelMole reserves the right to change the format of the Web Site and Newswire service as TravelMole sees fit. If TravelMole decides to discontinue the Web Site then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

5.4 TravelMole reserves the right to terminate this contract with immediate effect by giving written notice of this to the Customer. If TravelMole decides to terminate the contract then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

6.1 Cancellations received prior to the Advertisement or a series of Advertisements appearing on the Web Site or in a Newswire, but after ad Order Confirmation has been received, will be liable for an administrative fee equivalent to 20% of Price.

6.2 No refund or credit will be given for cancellations received after an Advertisement has appeared or after a series of Advertisements has started to appear on the Web Site or in a Newswire and the Customer shall remain liable for the Price in such circumstances.

6.3 All ad Order Confirmation orders are accepted subject to provisions of rates outline on media kit. Rates are subject to change upon notice from TravelMole. Should a change in rates be made, space reserved may be canceled by the advertiser at the time the change becomes effective without incurring short-rate charges, provided the advertisements published to the date of cancellation are consistent with the appropriate frequency or volume rate. Cancellation of Order Confirmation for any other reason (in whole or in part by the advertiser) will result in an adjustment of the rate (short-rate) based on past and subsequent insertions to reflect actual space used at the rates outlined in media kit.

7.1 TravelMole shall not be liable to the Customer for any indirect or consequential losses or damage suffered by the Customer including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether TravelMole knew or ought to have known of the possibility of that loss.

7.2 TravelMole shall not be liable for any losses, damage or expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the Customer as a result of the Web Site not being accessible to users of the world wide web for any period of time or as a result of any Newswire not having been received by any Newswire Subscriber.

7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of TravelMole's liability for any losses, expenses or damages incurred by the Customer in relation to this Agreement (whether in tort, contract or otherwise) shall be equal to the Price paid by the Customer to TravelMole under this Agreement.

7.4 TravelMole shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.

7.5 TravelMole will use reasonable efforts to comply with Special Instructions, including but not limited to, start and end dates for publication or broadcast of their Advertisement but cannot warrant or guarantee that these dates or times will be met. In the event TravelMole is unable to comply, as Customer's sole compensation, TravelMole shall re-publish or re-broadcast same advertisement at the next available date.  TravelMole shall not be responsible for any Customer special requests, not covered within Special Instructions, which TravelMole endeavors to undertakes and is unable to fulfill, and Customer shall not be entitled for re-publication or re-broadcast of ad.

7.6 The TravelMole will not be liable under any circumstances for any costs or damages (including consequential damages) as a result of either the failure to print any advertisement or of the appearance of any errors in any advertisement as published.  If any errors appear in the advertisement as published, the only remedy will be a make-good advertisement, only if Customer had not approved advertisement prior to publication (refer to item 3.5).

8.1 Any re-submission of the Advertisement by the Customer will be deemed to be a new Advertisement for which the Customer must repay the Price.

8.2 If there is any conflict between these terms of advertising and the Special Conditions, the Special Conditions shall prevail.

8.3 Even if the Customer is acting as an advertising agency or other representative, it enters into this Agreement in its own right as principal and not as an agent.

8.4 The Customer shall not assign, transfer or resell its rights under this Agreement.

8.5 Unless otherwise stated in any Special Conditions, the positioning of the Advertisement on the Web Site or in the Newswire, or broadcast time for email advertisement is to be determined by TravelMole.

8.6 TravelMole shall have the right to hold Customer and/or its advertising agency jointly and severely liable for such monies as are due and payable to the TravelMole for advertising which advertiser or its agency ordered and/or which advertising was published.

8.7 No conditions other than those set forth in this rate card shall be binding on the TravelMole unless specifically agreed to in writing by the TravelMole. The TravelMole will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Customer when such conditions conflict with any provisions contained herein.

8.8 Conditions are subject to change by the TravelMole without notice.

8.9 All advertisements must be clearly identifiable as such with a trademark or sig-nature of the advertiser. The word 'Advertisement' or similar may be placed with copy which in the TravelMole's opinion resembles editorial copy. 

8.10 Failure to make insertion orders correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for upon the terms of the schedule in force without further notice.

 

The Special Conditions refer to the methods by which the Customer can submit Advertisements to TravelMole. These methods are as follows:-

9.1 Submission by TravelMole. This involves the Customer sending the Advertisements to TravelMole so that TravelMole can post the Advertisements onto the Website or, in the case of Advertisements to be published in a Newswire, send them by e-mail to Newswire Subscribers.

Customer agrees that any ads or mailing creative supplied in unspecified or non-acceptable formats (such as PDF and TIFF/IT-p1, non-HTML or incorrectly formatted HTML) or require our editing or creation will be charged a US$40.00 processing fee per hour. This fee shall also apply to the setup of any Advertisement deemed to be excessive in number or scope or not to industry standard as determined by TravelMole.

9.2 Submission by Customer. This involves the Customer posting the Advertisements to the Website directly in accordance with procedures specified by TravelMole. This method is available for the advertisement of job vacancies and for advertisements in the form of press releases on the Web Site.

For UK contracts, unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

This Agreement shall be governed by and construed in accordance with US law and jurisdiction of the Los Angeles County, California courts