|
|
Welcome to the Database Section. Here you will find our Imprint, Advertising opportunities for online and print and many more. This section will be updated with new opportunities like Links, Events, FIA regulations and many more. |
|
|
 |
Definitions |
1.1 "Advertiser"
means a person, firm or company whose products, goods or services are the subject matter of the Advertising Copy.
1.2 "Advertising Copy"
means any advertising material proposed to be included in any advertisement to be transmitted by marathonrally.com on the Website.
1.3 "Agency"
means a person, firm or company whose business involves the selection and purchase of advertising space or time for persons wishing to advertise and will be jointly and severally responsible with the Advertiser for payment of accounts.
1.4 "Agreement"
means the agreement comprising these terms and conditions and the Deal Memo.
1.5 "marathonrally.com"
means "Marathonrally.com International Hansjoerg Schekahn, Dithmern 9, 29614 Soltau, Germany".
1.6 "Client"
means the Advertiser and the Agency jointly and severally or, if there is no agency, the Advertiser.
1.7 "Codes"
marathonrally.com's advertising standards and guidelines for the Website and any codes, guidelines, rules or regulations regarding satellite television or the internet, advertising standards or practice issued by regulatory or governmental authorities in those countries and territories within the Territory as may from time to time be in force during the term of the Agreement.
1.8 "Delivery Materials"
means the Advertising Copy and any other materials specified in the Technical Requirements.
1.9 "Deal Memo"
means the deal memo to which these terms and conditions are attached.
1.10 "Page"
means any page on the Website.
1.11 "Rate Card"
means the marathonrally.com advertising rate card and "current Rate Card" means the marathonrally.com rate card incorporating any changes in payments and/or charges and/or terms issued by marathonrally.com from time to time.
1.12 "Technical Requirements"
means those technical requirements issued by marathonrally.com from time to time regarding the form of and specifications for the Delivery Materials for transmission on the Website.
1.13 "Territory"
means the website region specified in the Deal Memo.
1.14 "Transmit" or "Transmission"
the sending of the advertisement over the internet from the server used for the Website.
1.15 "Website"
means marathonrally.com's website offering news and information and which is located at http://www.marathonrally.com.
1.16 "working day"
means Monday to Friday inclusive each week except any bank or public holidays within the United Kingdom.
|
Advertising agencies and commission |
An agency commission of 15% (or such other percentage as may be designated by marathonrally.com) will be paid by marathonrally.com to the Agency by way of a discount on the rates specified in the Rate Card (excluding any surcharge for late payment or late submission of Advertising Copy).
|
Terms and Conditions |
By entering into the Agreement with marathonrally.com, the Advertiser and the Agency, jointly and severally, agree to be bound by the terms and conditions of the Agreement and any additional conditions set out in any sales circular or special advertising package or scheme for the time being relating to the Website.
|
Approval of advertising copy |
1. 4.1 All Advertising Copy must be submitted to marathonrally.com for its prior approval in accordance with such procedures and on such terms as may be established by marathonrally.com and notified to the Client from time to time. Any approval given in respect of any element of the Advertising Copy or part of the production process shall be without prejudice to marathonrally.com’s right to withhold approval of any other element or part. If marathonrally.com does not approve the Advertising Copy it shall notify the Client of the reasons for such disapproval and the Client must resubmit a new version of the Advertising Copy for approval.
2. 4.2 Advertisements will only be transmitted if they are approved by marathonrally.com and satisfy its technical requirements. All Advertising Copy will require BACC approval unless marathonrally.com deems such approval unnecessary and gives the Client notice to this effect.
3. 4.3 marathonrally.com reserves the right to refuse advertisements containing reference to more than one product.
4. 4.4 Advertising Copy or changes in transmission instructions accepted at the absolute discretion of marathonrally.com less than 5 clear working days before the first intended transmission date shall be subject to a surcharge of 250 Euro per Advertising Copy.
5. 4.5 If marathonrally.com decides that the Advertising Copy is unsuitable, marathonrally.com shall notify the Agency or the Advertiser (as applicable) which must supply alternative Advertising Copy as soon as possible and in any event no later than 5 clear working days prior to the first intended transmission date.
6. 4.6 Acceptance of alternative Advertising Copy on shorter notice is at the discretion of marathonrally.com, and shall incur a surcharge of £250 per Advertising Copy. If alternative Advertising Copy is not supplied or is not accepted by marathonrally.com, the Client is still liable to pay in full the charges applicable to the advertising time booked.
|
Delivery of materials and liability |
1. 5.1 The Delivery Materials must be delivered by the Client at its sole risk and expense to such office as marathonrally.com designates not less than 15 working days before the date of intended transmission.
2. 5.2 marathonrally.com is under no obligation to accept Delivery Materials delivered late. Delivery is deemed to occur only once the Technical Requirements have been met and the relevant transmission instructions are given by the Client to and accepted by marathonrally.com.
3. 5.3 In no event shall marathonrally.com be liable for any delay in delivery, loss or damage to any of the Delivery Materials. Unless otherwise agreed in writing, all Delivery Materials will be destroyed by marathonrally.com without reference to the Client if not transmitted for a period of 6 months. Return of Delivery Materials will only occur at the request and expense of the Client.
4. 5.4 If the Client fails to deliver the Delivery Materials in accordance with these conditions it will remain liable to pay in full the charges applicable to the transmission of the advertisements to which the Delivery Materials relate, whether or not any advertisement is transmitted.
|
Transmission |
1. 6.1 marathonrally.com does not guarantee that the times, Pages and/or dates of transmission booked by the Client will be adhered to. However, if an advertisement is not transmitted on the Page and on the day and at the time booked by the Client, marathonrally.com will endeavour to offer to transmit on another Page and/or date and time. marathonrally.com will not be liable to the Client or any third party for any claim for any loss, damage or costs in respect of non-transmission.
2. 6.2 marathonrally.com shall incur no liability whatsoever for any failure to transmit all or any part of any advertisement to any particular country or part of any particular country within the Territory for any reason whatsoever, or for any error in any advertisement transmitted.
3. 6.3 Transmission of Advertising Copy for all purposes under the Agreement shall be conclusively evidenced to have taken place if marathonrally.com's Website log so records that transmission has taken place.
4. 6.4 marathonrally.com reserves the right in its absolute discretion to do any act or thing, including without limitation fading, editing or cutting, in respect of any advertisement or part thereof which marathonrally.com determines in its sole discretion contains unsuitable material. marathonrally.com shall not incur any liability to the Client or to any third party nor shall any of them have any claim whatsoever against marathonrally.com for damages or otherwise in respect of any alteration of such advertisement or part thereof, but the Client shall remain liable to marathonrally.com for the charges payable under the Agreement for advertisements which are so altered or not transmitted. marathonrally.com reserves the right to restrict or to refuse any repeat transmission of such advertisement.
|
Cancellations |
1. 7.1 Subject to the provisions of clause 11, any booking may be cancelled by either party provided that notice in writing is received and acknowledged by the other party no less than 12 weeks before the first intended transmission date. Cancellation or postponement requests for campaigns made within 12 weeks of the first intended transmission date shall only be considered and accepted by marathonrally.com in its absolute discretion and subject to the following cancellation or postponement charges:
Greater than 6 weeks 20%
6-4 weeks 35%
4-2 weeks 50%
Less than 2 weeks 100%
2. 7.2 These cancellation charges apply to the value of the advertising space booked at the time of the cancellation request. For the purposes of this clause 7, advertisements shall have the cancellation charge applied to those spaces that have been allotted at the time of receipt of notification in writing of the cancellation; the level of charge applying to each space being in accordance with the allotting of that space, pro rata to the total package price. Unless a booking is cancelled in accordance with the Agreement, a Client that fails to deliver Advertising Copy in accordance with clause 4 will remain liable to pay in full for the advertisements relating to the Advertising Copy whether or not any Advertising Copy is transmitted. marathonrally.com reserves the right to retain all expenditure for any cancelled campaign and to re-book the advertising space during a mutually agreed period.
3. 7.3 Any postponement of an online campaign for which a Client has pre-paid must be recommitted at the time of postponement to a time not more than 6 calendar months after the first intended transmission date. Any postponed online campaign not recommitted within 6 calendar months of the first intended transmission date shall be subject to a cancellation charges of 100% which will apply to the entire an online campaign.
4. 7.4 Any postponement of an online campaign for which a Client has not pre-paid or an online campaign which is subject to any significant amendment shall be at marathonrally.com’s sole discretion and on terms to be agreed. Any acceptance of such postponement or alteration shall require immediate pre-payment of the relevant online campaign.
|
Accounts |
1. 8.1 The Client shall pay marathonrally.com the charges for the advertising appearing on the Website in accordance with the Rate Card and the Agreement.
2. 8.2 marathonrally.com shall render monthly invoices to the Client for all sums due to marathonrally.com pursuant to the Agreement.
3. 8.3 The Client must pay all invoices in full by the Client within 30 days from the date of the invoice or within such other period as is agreed between marathonrally.com and the Client. If the Client fails to pay by the due date, marathonrally.com shall without prejudice to its other rights be entitled to refuse to transmit any further advertising for the Client.
4. 8.4 In the event that marathonrally.com elects to transmit an advertisement and payment has not been received by the due date, marathonrally.com may charge the Client interest at the rate of 4% per annum above the base rate for the time being in force at the Dresdner Bank Germany and such interest shall be calculated on a daily basis from the date such sums become due until they are paid.
5. 8.5 Any discounts or rebates offered by marathonrally.com shall only be available to the Client based on its own expenditure, and expenditure by a parent, associate or subsidiary company will only be taken into account by marathonrally.com in determining whether a discount or rebate has been earned in its absolute discretion.
6. 8.6 The Client shall promptly notify marathonrally.com of any inability to pay its debts or any default which has occurred or is likely to occur in the payment of its debts and of any proposed arrangement or compromise to be made in relation to all or any of its creditors.
|
Warranties and indemnites |
Each of the Advertiser and the Agency warrants, represents and undertakes to marathonrally.com that:
1. 9.1 the Advertising Copy will not infringe the copyright or other rights of or be defamatory to any third party;
2. 9.2 it has obtained and paid for all necessary consents, licences, and permissions for the transmission of the Advertising Copy;
3. 9.3 the Advertising Copy and the Delivery Materials comply with all applicable laws, ordinances, rules and regulations including without limitation the Technical Requirements and the Codes;
4. 9.4 it has taken all necessary steps to ensure that nothing is contained in the Advertising Copy which may make its transmission illegal or actionable for any reason in any or all of the Territory;
5. 9.5 it will fully indemnify and keep marathonrally.com fully indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities howsoever arising from any breach of the Advertiser’s or the Agency’s warranties, obligations or agreements contained in the Agreement or in any manner whatsoever arising out of the use, recording, transmission or broadcasting of any Advertising Copy or Delivery Materials supplied by or transmitted for the Client.
|
Marathonrally.com's right to take copy of advertisement |
The Client grants marathonrally.com the right to make recordings and copies of the Client's advertisements for marathonrally.com's archives and to enable marathonrally.com to submit a copy of the same to any relevant authority in order to comply with the Codes.
|
Change of rates and conditions |
While every endeavour will be made to give 7 days advance notice of any changes of rates and terms and conditions, marathonrally.com reserves the right to make such changes on shorter notice. In the event of any such change, the rates payable and the terms and conditions applicable shall be those in force at the time of transmission, but the Client may (by serving written notice on marathonrally.com within one week of receiving notice of such a change) cancel any booking or part of a booking to which the change of rates (if increased) or terms and conditions would otherwise be applicable.
|
Termination by marathonrally.com |
1. 12.1 marathonrally.com may terminate the Agreement at any time by giving 7 days written notice to the Advertiser and the Agency in the event that:
1. the Advertiser or the Agency commits any breach of the terms and conditions of the Agreement; or
2. any material step is taken by the Advertiser or the Agency with a view to it ceasing to carry on business, or going or being put into receivership, administrative receivership, administration, bankruptcy, liquidation or any equivalent process in any relevant jurisdiction.
2. 12.2 Upon termination of the Agreement the mutual obligations of the parties shall cease save that the Client shall continue to be liable to pay monies due to marathonrally.com prior to the date of termination. Any termination under this clause shall be without prejudice to marathonrally.com’s other rights and/or remedies.
|
Website content |
1. 13.1 Website content, its presentation and the space to be occupied by such content shall be determined by marathonrally.com in its sole discretion and marathonrally.com shall not be liable for any failure to transmit any content.
2. 13.2 marathonrally.com reserves the right for whatever reason to cease or interrupt transmission of the Website without prior notice to the Client.
|
Interpretation |
Words and phrases used in these conditions will, where the context allows, have the meanings ascribed them by the Agreement and/or the Rate Card. The Agreement together with the Rate Card contains the entire agreement between marathonrally.com and the Advertiser and the Agency subject as specified to the contrary herein and to the exclusion of any other written and/or verbal representations and statements.
|
Right to assign |
marathonrally.com reserves the right at any time to assign the Agreement to any company, firm or person whatsoever. The Agreement is personal to and may not be assigned by the Advertiser or the Agency without marathonrally.com’s prior written consent.
|
Force Majeure |
marathonrally.com shall not be liable for any breach of the Agreement caused by fire, lightning, explosion, flood, hurricane, Act of God, inclement weather, precipitation, war, civil disorder, strikes, lock-out or trade disputes, delays in transport, communication line or microwave link failures, server failures, ground segment or uplink facility or other equipment failures, or for any other reason whatsoever beyond the control of marathonrally.com (an "Event of Force Majeure"). If an Event of Force Majeure prevents, restricts or curtails the transmission of Advertising Copy in accordance with the terms of the Agreement, marathonrally.com may in its sole discretion terminate the Agreement with immediate effect, or suspend the Agreement until the Event of Force Majeure ends and then transmit such Advertising Copy at such other times and on such other dates as it shall in its sole discretion determine. During any period of suspension of transmission, all other terms of the Agreement (including the Client’s obligation to pay for prior transmissions) remain in full force and effect. If marathonrally.com terminates the Agreement under this clause, the mutual obligations of the parties shall cease save that the Client shall continue to be liable to pay monies due to marathonrally.com prior to the date of termination.
|
Waiver |
No waiver of any of the terms of the Agreement by marathonrally.com shall be binding unless the waiver is in writing and signed by a duly authorised representative on behalf of marathonrally.com.
|
Applicable law |
The Agreement shall be construed in accordance with German law and the parties submit to the exclusive jurisdiction of the German courts.
|
Authority of Agent |
The Agent warrants to marathonrally.com that it has the authority to enter into the Agreement on behalf of the Advertiser, and that the Agreement will be binding upon the Advertiser. The Agent indemnifies marathonrally.com against any loss, damage or liability it may suffer as a result of a breach of this warranty.
© MARATHONRALLY.COM INTERNATIONAL, 2003-2014
|
|
|
|
|
|
|
|
|
