Terms and Conditions

General Terms and Conditions of Business of Discovery Magazine for digital advertising business The following General Terms and Conditions of Business shall regulate the relationship between Discovery Magazine and the Client in the provision of services on the part of Discovery, in particular the processing of advertising contracts. The present Terms shall apply thereto in exclusivity, unless otherwise explicitly agreed. Any general contractual provisions or conditions of business of the Client are herewith ruled out; this shall also apply if there is no explicit objection to the conditions of the Client, or if Discovery Magazine provides its services without contradiction. These Terms are a translation of the respective German Allgemeine Geschäftsbedingungen. In the event of discrepancies, inaccuracies or omissions in the English version, the German version shall prevail exclusively. The same shall apply to the English language advertising ad rate cards which are translations of the respective German Preislisten.

 

  1. DEFINITIONS An “Agency” shall be deemed to mean agencies dealing with the contract award in their own name or in the name of a third party. An “Agency Client” shall be deemed to be a client for whom an agency commissioned by it books services from Discovery Magazine in its own name and on its own account.

 

  1. If a direct Client is represented by an agency, it shall be explicitly pointed out in text form, at the latest when the ad is booked, that the booking is to take place in the name and for the account of the direct Client. If such notice is not made in good time, the contract shall be deemed to have been concluded as with effect for and visà-vis the Agency, section 164 subsection (2) of the Civil Code. Discovery Magazine shall be entitled to demand from the Agency proof of proxy.

 

  1. If an Agency Client changes agency during the completion period of a Conclusion, Discovery Magazine shall assume that the former agency transfers the contractual relationship to the new agency, with all rights and obligations, from the time of Conclusion onwards. In this case, the consent of Discovery Magazine shall be deemed to have been given if the performance of the Conclusion is continued with the new agency without objection.

 

  1. The Client shall not be entitled to Discovery Magazine rejecting third-party contracts with comparable content and/or comparable products.

 

  1. If one or more call ups within a conclusion are not fulfilled due to circumstances beyond the control of Discovery Magazine and the operator, the Client shall refund to Discovery Magazine the difference between the discount granted and that corresponding to the actual acceptance. Unless otherwise agreed, the Client shall be retroactively entitled to the discount corresponding to its actual purchase of advertising media within a year if it has concluded a contract at the beginning of the period which entitles it to a discount from the outset based on the pricelist. The entitlement to the discount shall expire if it is not asserted within three (3) months of the end of the one-year period.

 

  1. If the implementation of a contract fails due to software-related or other technical reasons for which Discovery Magazine and the operator are not responsible, in particular because of computer failure, force majeure or strike, due to legal provisions, faults in the area of responsibility of third parties (e.g. other providers), network operators or service-providers, or for similar reasons, then the contract shall be subsequently implemented where possible. If such subsequent implementation takes place within a suitable period of time after the fault has been remedied that is acceptable for the Client, the remuneration claim of Discovery Magazine shall be upheld.

 

  1. Discovery Magazine shall be liable for all and any damages, regardless of whether for breach of contractual obligation or for tortious act, in accordance with the following conditions: In the case of gross negligence, liability in commercial transactions shall be limited to compensation for the typical foreseeable damage. In the case of simple negligence, Discovery Magazine shall only be liable if a material contractual obligation has been breached, if a guarantee has been assumed, or if there has been fraudulent deception. Liability shall be limited to the typical foreseeable damage in such cases. In the case of liability only for the typical foreseeable damage, there shall be no liability for indirect damage, consequential damage or loss of profit. Discovery Magazine shall be liable in accordance with the statutory provisions in the case of claims under the Product Liability Act (Produkthaftungsgesetz), as well as in the event of injury to life, limb or health. All claims against Discovery Magazine for breach of contractual obligations shall become statute-barred one (1) year from the beginning of the statutory limitation period unless they are based on intentional conduct.

 

  1. The invoice shall be due within 30 days, unless a different payment period, or advance payment, has been agreed in the present General Terms and Conditions of Business, or in individual cases in text form. Discovery Magazine herewith reserves the right to require advance payment if there are reasonable grounds, such as taking up a new business relationship. Costs and expenses in payment transactions shall be charged to the Client. All prices shall be understood to be exclusive of the statutory rate of VAT.

 

  1. Customary bank interest and collection costs shall be charged in case of payment arrears or deferral. In the event of payment arrears, Discovery Magazine may defer the further execution of the current contract until payment has been made and require payment in advance for the remaining services. In the case of justified doubts as to the Client’s ability to pay, Discovery Magazine shall be entitled to make any further services contingent on the advance payment of amounts due in the future, and on the settlement of outstanding invoice amounts, including during the term of an advertising contract, regardless of any payment period that was originally agreed. The Client shall only be entitled to offset against claims of Discovery Magazine in respect of claims that are undisputed or legally final.

 

  1. The advance notice of the debiting of a payment based on direct debit shall be communicated on the invoice as a rule, or otherwise with a period of at least two (2) working days. When the contract is awarded, the commissioning agency shall assign its claim for payment in this regard vis-à-vis the Agency Client in security to Discovery Magazine, which shall accept such assignment. Discovery Magazine shall be entitled to disclose this security assignment to the Agency Client if the commissioning agency is in at least thirty (30) days arrears regarding the invoice from Discovery Magazine.

 

  1. Discovery Magazine shall be entitled to amend the Terms and the pricelists at any time with effect for the future. Terms and price changes for contracts awarded shall be effective if they are announced by Discovery Magazine at least one (1) month prior to the implementation of the service; the Client shall have a right of withdrawal in this case. The right of withdrawal must be exercised within 14 days in text form after receipt of the notice of change regarding the price increase.

 

  1. The respective pricelist shall apply in the relationship between Discovery Magazine and the Client. Agency and advertisement placement fees, or other discounts or deductions, shall only be granted on advertising contracts, subject to the provision set out below. The remuneration for the performance of a full service with creative and programming services, as well as related market research services and technical costs, shall not be eligible for a discount or for agency and advertisement placement fees. Charges for placing AdSpecial advertising media developed and produced for the Client shall be excluded from commitment discounts and special discounts, as well as from boni in kind. In the case of special discounts (such as offsetting transactions, etc.), additional costs incurred (for example external services for streaming or mobile) shall be shown separately, shall not be discounted, and no commissions shall accrue thereto.

 

  1. The Client shall have sole responsibility for the content and legal permissibility of the content provided by it (advertising medium, texts, photos, slogans, samples, etc.), and guarantees herewith that all and any rights of use and third-party consent required for the implementation of the contract are available (in particular, but not limited to, the approval of testimonials and other depicted persons), and that the content provided does not violate the applicable laws and third-party rights. Discovery Magazine shall not be obliged to check the information stipulated or approved by the Client regarding the products and services of the Client for correctness. The verification of legal permissibility for stipulated or delivered content of the Client (especially competition law, as well as the law on labelling) shall only be owed by Discovery Magazine if this is expressly the subject of the contract. If the Client commissions Discovery Magazine with these services, it shall pay the fees and costs that Discovery Magazine and third parties (lawyers, public authorities, etc.) thereby incur at customary market conditions, unless otherwise agreed.

 

  1. The Client shall indemnify Discovery Magazine regarding all and any third-party rights which may arise because of the violation of statutory provisions or of third-party rights. Furthermore, Discovery Magazine shall be indemnified in respect of the costs of a necessary legal defense. The Client shall be obliged to support Discovery Magazine in good faith in legal defense vis-à-vis third parties with information and documentation.

 

  1. The Client shall require the prior, written consent of Discovery Magazine in order to fully or partly assign its rights and duties from the contract. Discovery Magazine shall be entitled to avail itself of the services of third parties in order to fulfil its obligations from the contract.

 

  1. Unless expressly agreed otherwise, the parties to the contract shall treat the content of the contract, in particular the prices and conditions, confidentially. This shall not apply if its disclosure is ordered by a court or public authority or is necessary in order to enforce its own rights in court vis-à-vis the respectively other contracting party. Discovery Magazine shall furthermore be entitled to disclose the content of the contract to third parties involved and affiliated companies in accordance with sections 15 et seqq. of the German Companies Act (Aktiengesetz).

 

  1. Amendments of and addenda to these Terms shall require to be in writing in order to be effective. This shall also apply to the rescission of the requirement of the form of writing.

 

  1. Insofar as the Client receives an individual password from Discovery Magazine, for example for access to a personal website, it shall be obliged to refrain from disclosing it to third parties, and to keep it carefully in order to rule out abuse by third parties. If the password is lost, or if the Client becomes aware that third parties may have gained access to the password, the Client shall be obliged to inform Discovery Magazine thereof without undue delay in text form. The Client shall be liable for all and any damage resulting from abuse of the password unless it proves that it is not culpable in this respect. Liability of Discovery Magazine shall be ruled out in this case.

 

  1. In the event of a provision of the present Terms being or becoming ineffective, the effectiveness of the other provisions is to remain unaffected thereby. The ineffective provision shall be substituted by an effective provision which comes as close as possible to the economic purpose of the ineffective provision.

 

  1. The place of performance shall be the domicile of Discovery Magazine. In commercial transactions with merchants, with legal entities under public law, or with special funds under public law, the venue for court actions shall be the domicile of Discovery Magazine. Insofar as claims of Discovery Magazine are not asserted in reminder proceedings, the court venue shall be determined with non-merchants according to their place of residence. If the place of residence or habitual residence of the Client, including with non-merchants, is unknown at the time of filing the action, or if the Client has moved its place of residence or habitual residence from the scope of the Act subsequent to conclusion of the contract, the agreed court venue shall be the domicile of Discovery Magazine.

 

  1. German substantive law shall apply, without recourse to the provisions on conflict of laws. SPECIAL PROVISIONS FOR THE BOOKING AND PROCESSING OF ADVERTISING CONTRACTS

 

  1. Each advertising contract shall refer to an advertiser specifically designated by the Client by (company) name; a change of advertiser by the Client after the booking of an advertisement shall require the consent of Discovery Magazine in text form.

 

  1. The conclusion of a contract is agreed in writing with Discovery Magazine. The booking data can be selected individually.

 

  1. If the right to call up individual advertising media has been granted in the contract; the contract must be completed within one (1) year from the conclusion of the contract. In the case of conclusions, the Client shall be entitled to call up further advertising media within the agreed or abovementioned period, based on availability. Advertising media shall only be returned to the Client upon special request. The obligation incumbent on Discovery Magazine to retain the advertising media shall end three (3) months after its last placement. In case of delayed delivery of the advertising media, the Client shall be obliged to pay the full contract value. This shall also apply in the case of an underdelivery.

 

  1. The Client shall meet the costs of Discovery Magazine or of the operator for changes requested or necessitated by the Client as a result of the commissioned scope of performance.

 

  1. Advertising contracts may be terminated for Discovery Magazine until such time as the advertising medium is presented by the Client and approved by Discovery Magazine. Discovery Magazine herewith furthermore reserves the right to reject advertising contracts – including individual call ups as part of a conclusion – or to block advertising media that have already been published if
  • their content violates laws, official provisions or third-party rights
  • or their content has been objected to by the German Advertising Standards Council in a complaint procedure
  • or Discovery Magazine cannot be reasonably expected to publish them because of their content, design, origin or technical form, or there is reasonable suspicion that an advertising medium links via a link to content that satisfies one of the aforementioned preconditions
  • or the advertising medium contains advertising of persons other than the advertiser (“Third party”), or for third parties.

Discovery Magazine shall notify the Client of termination, rejection or blocking without undue delay. The Client shall be entitled in such cases to deliver another advertising medium to which the grounds for refusal do not apply. If this advertising medium is delivered too late for compliance with any agreed period, or not at all, Discovery Magazine herewith nonetheless reserves the right to remuneration. The same shall apply if the advertising medium is placed despite an initially declared termination, refusal or blocking.

 

  1. Advertising media which contain advertising of third parties or for third parties (“joint advertising”) shall require a prior declaration of acceptance by Discovery Magazine in text form in each individual case. Joint advertising shall entitle Discovery Magazine to charge a joint advertising supplement.

 

  1. The Client shall assign to Discovery Magazine and to the operator all and any copyrights, rights of use and ancillary copyrights required for the placement of the advertising media in all kinds of online media, in particular the right to duplicate, disseminate, transfer, make publicly accessible and broadcast, store in and extract from a database, as well as retrieval, specifically for the time and content necessary for the implementation of the commission. The above rights shall be assigned with unlimited geographical scope in all cases and shall constitute an entitlement to effect placements on all and any platforms and using all and any types of transmission, including if the corresponding platforms are operated by third parties (e.g. social media networks). The Client shall permit Discovery Magazine and the operator to make publicly accessible its advertising on its websites and mobile platforms, as well as to duplicate and disseminate it offline (e.g. as a CD-ROM, DVD, presentation, print or other advertising media) for purposes of own advertising.

 

  1. The Client herewith guarantees that it is in possession of all rights required for the placement of the advertising media and has sole responsibility for the lawfulness of the advertising media. The Client shall indemnify Discovery Magazine and the operator with regards to all third-party claims that may arise in connection with the placement of the advertising media due to the violation of third-party rights or legal conditions. The Client shall furthermore indemnify Discovery Magazine and the operator in respect of the costs of a necessary legal defense. The Client shall be obliged to support Discovery Magazine and the operator in good faith in legal defense vis-à-vis third parties with information and documentation. The Client shall pay all and any fees payable to domestic or foreign collecting societies (GEMA, GVL or similar) in connection with the placement of the advertising media and shall indemnify Discovery Magazine in respect thereof upon first written request.

 

  1. Discovery Magazine and the operator shall not be responsible to the Client to review advertising media as to whether they violate third-party rights or statutory provisions, in particular of press and media law, the law on competition, telemedia law, data protection law and/or criminal law; statutory obligations to review shall remain unaffected thereby. Unless otherwise agreed, and notwithstanding other rights, Discovery Magazine shall be entitled to immediately replace the advertising medium designed with content of the Client with all and any replacement advertising media, to block the advertising medium without replacement, and/or to give immediate notice in respect of the contract with immediate effect, if a court or public authority prohibits it from placing the advertising media, or from linking with sites connected with it, or if it is claimed against by third parties because of the placement of the advertising medium or the sites linked therewith.

 

  1. If the Client requires that advertising commissioned by it not be broadcast due to the violation of third-party rights, or for other reasons, without complying with the preconditions set forth in item 16, it shall remain obliged to pay the full remuneration. It herewith reserves the right to prove that Discovery Magazine incurred less damage.

 

  1. Within the framework of the foreseeable requirements, Discovery Magazine shall guarantee optimum reproduction of the advertising media corresponding to the respectively customary technical standard. The Client is however aware that it is not possible in accordance with the state-of-the-art to create a program that is completely free of errors. The guarantee shall not apply to insignificant errors. An insignificant error in the presentation of the advertising media shall be deemed to be present in particular if
  • it is caused by the use of inappropriate display software and/or hardware (e.g. browser)
  • disturbance of the communication networks of other operators
  • or computer failure due to system failure
  • or file conversions to adapt the advertising media to technical specifications
  • or incomplete and/or not updated offers on so-called proxies (caches), or a failure of the AdServer that does not last longer than 24 hours (continuous or added) within 30 days of the start of the contractually-agreed placement.

If the AdServer fails for a significant period of time (more than 10 percent of the booked time) in the context of a time-based booking, the Client’s obligation to pay shall cease to apply for the period of the failure. Further claims shall be ruled out.

 

  1. Should the advertising media be of inadequate reproduction quality, the Client shall be entitled to a reduction in payment, or to flawless replacement advertising, but only to the extent to which the purpose of the advertising media was impaired. In the event of the failure or unreasonableness of the replacement advertisement, the Client shall be entitled to reduce payment or rescind the contract. This shall not apply if the inadequate reproduction quality is due to an omission within the area of responsibility of the Client, such as faulty advertising media.
  2. A possible additional amount shall not effect a change in the booked contract volume. If the Client forecasts a smaller quantity of the booked service of more than ten (10) percent during the campaign’s term, it must inform Discovery Magazine as soon as it has become aware thereof. The parties shall work on a joint solution in such case.

 

  1. A non-current advertising booking can be cancelled free of charge up to three (3) weeks before the start of the placement. 30 percent of the contract value shall be charged should this deadline not be met. The free cancellation of a booking of cooperation options that are not yet running (such as content integration, competitions, special, eBooklet, etc.) shall be possible up to six (6) weeks prior to the start of the placement. If this deadline is not adhered to, the volume originally booked in the six (6) weeks following receipt of the cancellation shall be calculated on a pro rata basis for the period. Technical costs incurred up to the time of the cancellation for the booking (for example in the case of services for streaming or mobile) shall be charged to the Client in full. The entire billing amount shall be payable for cancellations of placements that have already commenced. Cancellations shall require to be in writing in order to be effective. Unless otherwise agreed, it shall be incumbent on Disocvery Magazine to make the following information available to the Client for retrieval within ten (10) working days after implementation of the contract:
  • The number of hits on the advertising medium,
  • the downtime of the AdServer if it consecutively exceeds one (1) hour.

 

  1. Where the Client – itself or via third parties commissioned by it – collects, transmits, stores or otherwise processes data from the placement of advertising media by using specific techniques, for instance by using cookies or pixel tags, or permits third parties to carry out such transmission, storage or other processing (hereinafter jointly “client data processing”), it shall be deemed to be the controller for client data processing within the meaning of the GDPR or of other legal stipulations, and herewith affirms that it will comply with the statutory stipulations in client data processing. In particular personal data shall only be processed to the extent that this is lawful, transparent information is provided regarding processing and – where necessary – an effective opt-out or opt-in mechanism is provided.

 

  1. Insofar as a third party or a supervisory authority claims against Discovery Magazine in respect of client data processing, the Client shall, on first request, indemnify Discovery Magazine and the operators on whose information or communication service the client data processing takes place in this respect in respect of all and any claims, receivables, damages and other costs, including fines and the costs of a reasonable legal defense.

 

  1. At the request of Discovery Magazine the Client must provide detailed information regarding the type and scope of client data processing within 24 hours. The Client must ensure by means of appropriate agreements with the third party commissioned by it, or with such third parties to whom it permits client data processing, that they are obliged to provide information according to the scope of the present item.

 

  1. Discovery Magazine shall be entitled to verify compliance with the Client’s obligations, including using automated tools. Discovery Magazine herewith furthermore reserves the right to carry out an audit of compliance with the obligations of privacy law incumbent on the Client and its Clients at any time with a notice period of ten (10) working days. The Client shall be obliged to cooperate in such an audit, in particular to provide information and grant access to all relevant systems and premises. The Client shall only meet the cost of such audit if more than only insignificant shortcomings are ascertained, or if no dependable determinations can be made regarding the reliability of client data processing due to inadequate cooperation on the part of the respective unit. The Client shall oblige third parties commissioned or authorized by it to cooperate in accordance with the above sentences.

 

  1. Insofar as Discovery Magazine receives indications that client data processing is impermissible, Discovery Magazine can request the Client to refrain therefrom. The request shall be submitted in text form (whereby an e-mail shall suffice), shall be implemented by the Client within 24 hours, and shall be confirmed in text form to Discovery Magazine. Discovery Magazine shall be furthermore entitled to suspend the delivery of the advertising media concerned, if and to the extent that the Client does not provide proof of the permissibility of client data processing. The obligation incumbent on the Client to effect payment shall remain unaffected thereby.

 

  1. Discovery Magazine herewith reserves the right to – limit the number of cookies, pixel tags or other types of tracking on a booked advertising space, or across the board in the Discovery Magazine Advertising Network; and/or – to make the delivery of cookies or pixel tags contingent on the Client providing information in accordance with item 38 prior to delivery in a form to be determined by Discovery Magazine; and/or – to make the delivery of cookies or pixel tags conditional on the Client documenting that client data processing fulfils the requirements of the relevant privacy regulations, in particular, but not exclusively, by presenting a GDPR certification within the meaning of Art. 42 GDPR.

 

  1. The Client shall be obliged to provide Discovery Magazine with a text suggestion for its privacy policy in the Discovery Magazine Advertising Network for client data processing, with which all information obligations under privacy law are fulfilled in compliance with the GDPR, as well as a permanent URL under which the data subject concerned by client data processing can retrieve appropriate information.

 

  1. The Client shall affect payment in respect of a contractual penalty in the amount of ten (10) times the net value of the contract from which the violation originated for any culpable violation of the obligations in accordance with item 42, sentence 2, and item 44. Further claims for damages shall remain unaffected thereby. SPECIAL CONDITIONS FOR THE DELIVERY OF ADVERTISING MEDIA VIA ADSERVERS OF CLIENT, AGENCIES AND OTHER THIRD PARTIES

 

  1. Insofar as the Client delivers advertising media on sites within the Discovery Magazine Advertising Network via a server operated by it or by a third party, the Client herewith guarantees that the system which it uses complies with the following technical requirements:
  • use of a standard AdServer
  • use of a standard load-balancing method
  • 24/7 support availability: failure safety of 99.2% (monthly basis)
  • operation of cache busting for cookies, compliance with the provisions of privacy law.

Discovery Magazine shall be entitled to halt the campaign for the period of reduced availability. The contractual conditions shall remain unchanged if the campaign is continued. The key figures to be provided by Discovery Magazine (for example number of ad impressions) shall be reduced accordingly for the period of reduced availability. Discovery Magazine shall also be entitled to the full contractually-agreed remuneration in such cases.

 

  1. Discovery Magazine herewith reserves the right to conduct stress tests in order to verify the technical resilience of the advertising media delivered by the Client in case of frequent use. The Client shall grant Discovery Magazine access to the respective AdServer for this purpose insofar as is necessary. The Client shall notify Discovery Magazine in writing without undue delay should adverse changes take place or threaten to occur during the term of this contract with one or more AdServers that might make it difficult or impossible for the Client to place advertising media on websites in the Discovery Magazine Advertising Network. The AdServer(s) must be permanently monitored and maintained by the Client in order to rule out or immediately eliminate failures of any kind as far as possible.

 

  1. All respectively applicable technical specifications adopted in the AdTechnology working group of the Circle of Online Marketers (OVK) shall apply. Discovery Magazine shall be entitled to verify compliance with these specifications when using an external AdServer. Upon request, all advertising media from a campaign shall be submitted to Discovery Magazine for review if the campaign is delivered via a redirect.

 

  1. Discovery Magazine shall be entitled to halt the campaign in case of non-compliance. After the campaign has been halted, the Terms of Discovery Magazine shall apply to the delivery of the advertising media. The key figures to be provided by Discovery Magazine shall be correspondingly reduced in other respects. Discovery Magazine shall also be entitled to the full contractually-agreed remuneration in such cases.

 

  1. Discovery Magazine shall be entitled to remove advertising media from the Discovery Magazine Advertising Network at any time and with a reasonable period of notice. The connection to the external server can be interrupted for this purpose at any time. No period of notice shall be required if
  • Discovery Magazine is required by an administrative decision or court ruling to remove a creative or to omit its inclusion,
  • Discovery Magazine has sufficient indications that the creative being displayed is legally impermissible,
  • or the inclusion of one or more creatives causes or has caused serious malfunctions in the Discovery Magazine Advertising Network or with the operator.

 

  1. In the case of late delivery, incomplete delivery and/or delivery of advertising media not conforming to the technical specification, Discovery Magazine shall be entitled to otherwise occupy the intended placements until the delivery has been carried out flawlessly. The implementation of the advertising contract shall be subsequently carried out at the discretion of Discovery Magazine. The Client shall nevertheless be obliged to pay the full price for placement. In the event that the Client nonetheless places an advertising medium that does not comply with these conditions, it must – notwithstanding any other rights of Discovery Magazine – ensure without undue delay, but no later than four (4) hours after notification by Discovery Magazine, that the advertising medium is no longer displayed in the browser when accessing websites of the Discovery Magazine Advertising Network.. SPECIAL CONDITIONS FOR THE PRODUCTION OF DIGITAL CONTENT (DISPLAY FORMS OF ADVERTISING, MICROSITES, LANDING PAGES, ETC.)

 

  1. If the Client terminates a production contract without good cause, it shall pay Discovery Magazine reasonable remuneration for the services provided and expenses incurred until that time, but at least 30% of the contract value.

 

  1. The Client must verify the conformity of the work results with the contract, as well as that of the preliminary and intermediate products sent for correction, without undue delay. The risk of any errors shall transfer to the Client with the approval statement, insofar as these are not errors which did not arise or could not be detected until subsequently. The same shall apply to all other approval statements of the Client.

 

  1. The work results shall be accepted in writing or in text form within three (3) working days, unless Discovery Magazine has set another deadline. If no timely declaration of acceptance is made, the work result shall be deemed to have been accepted in accordance with section 640 subsection (1), sentence 3, of the Civil Code.

 

  1. A commissioned advertising medium shall be coordinated with the Client via a maximum of three (3) free correction cycles. Discovery Magazine may invoice the Client for any effort over and above this (additional corrections, particularly complex additional functionalities, etc.), unless Discovery Magazine is responsible for the effort. Control proofs, alterations of delivered/transferred data and similar preparatory work, as well as changes made by the Client, shall be charged to the Client. This shall also apply insofar as Discovery Magazine avails itself of the services of a third party for the provision of all or part of the service, and the third party invoices the corresponding costs to Discovery Magazine.

 

  1. Delivery dates shall require a written agreement. By awarding the contract, the Client shall be deemed to have accepted all and any deadlines stated by Discovery Magazine for the implementation of its acts of cooperation and shall undertake to meet the same. Any delivery period that has been agreed shall be interrupted for the duration of the examination of drafts, demos, test versions, etc., by the Client. The interruption shall be counted from the date of notification of the Client up to the date of the arrival of its statement. If the Client requests alterations to the contract subsequent to the contract award which affect the duration of the production, the delivery time shall be extended accordingly. In the case of delayed delivery, the Client shall only be entitled to exercise the statutory rights to which it is entitled after setting a reasonable period of grace of at least 1 (one) week.

 

  1. Subcontracting (including data media, transmitted data) by the Client or by a third party commissioned by it shall not be subject to any obligation to review that is incumbent on Discovery Magazine. This shall not apply to data that obviously cannot be processed or read. In the case of data transmissions, the Client shall use protection programs for computer viruses that comply with the latest technical standards prior to transmission. The Client shall have sole responsibility for the data backup. Discovery Magazine shall be entitled to make a copy.

 

  1. Discovery Magazine shall retain rights of utilization for drafts, concepts or ideas that are rejected or not implemented by the Client. This shall also apply to services provided by Discovery Magazine that are not the subject-matter of special statutory rights, in particular copyright.

 

  1. Unless otherwise specified in the terms of reference, the Client shall acquire the non-exclusive right of utilization of advertisements designed by Discovery Magazine for publication in the media of Discovery Magazine that were agreed on award of contract for the duration of the Conclusion, on the full-price advertisements designed by Discovery Magazine. This shall also apply to First-Mover AdSpecials, insofar as no other agreement is concluded with the Client. If further use is desired, Discovery Magazine shall, without undue delay, submit an offer for the remuneration to be paid.

 

  1. There shall be no entitlement to uniform delivery of the booking volume over the campaign period. There shall be no placement selection/guarantee. Allocation to the Discovery Magazine inventory shall be based on proviso availability. Higher-priced bookings shall take priority on delivery.

 

  1. The Client shall receive a final campaign report after the end of the campaign. Discovery Magazine shall not provide intermediate reports. Discvoery Magazine shall not provide screenshots as campaign documentation for the delivery of advertising media.

 

  1. The Client shall not be permitted to resell the inventory provided by Discovery Magazine to third-party ad networks or other intermediaries. The inventory may only be used for filling with direct advertising partners of the Client. Advertising media must be delivered no later than three (3) working days before the placement deadline. A maximum of two (2) physical advertising media may be delivered per format. A change of advertising medium motif may be carried out once per week at most. The use of redirects, in which the Client may carry out changes of advertising medium motif in the background at its own discretion, shall remain unaffected by this rule.

 Valid from January 2020

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