Adventure Media & Events Terms and Conditions

The Terms & Conditions outlined below supersede any and all previously distributed and agreed Terms and Conditions.  Further, Publisher reserves the right to amend or update the Terms of Conditions and will notify Advertisers of any material changes.    

All content of advertisements is subject to Publisher’s review and approval.  Publisher reserves the unconditional right to request changes, reject, or cancel any advertisement, insertion order, space reservation, or position commitment. 

Positioning of advertisements is at the discretion of the Publisher, except where a request for a specific preferred position is acknowledged by the Publisher in writing or agreed to as part of a specific product offering.  

Publisher shall not be liable for any costs or damages arising out of or resulting from not publishing an advertisement if Advertiser misses publication deadlines or advertising content provided by the Advertiser is rejected, or requires changes, for any reason.  Advertiser is obligated to pay Publisher agreed amounts, regardless of whether the advertising was published if it results from Advertiser non-adherence to timelines and content revisions required by Publisher.   

Advertorial content will be marked as “Sponsored” or “Branded”.  Revisions to Advertorial content will be limited to one (1) round of change.    

Assets are due a minimum of four (4) weeks prior to the scheduled start date of any digital media program or campaign.  Publisher will reach out a minimum of six (6) weeks prior to the program’s scheduled start date to confirm requirements and deadlines.  

Program execution is dependent upon assets being delivered by the deadlines set by the Publisher.  Assets or content that is sent after the deadlines established by Publisher may result in assets or content not being published as agreed.  Publisher will work in good faith with Advertiser if assets are submitted late, however, Advertiser makes no promises or commitments to publishing Advertiser assets if Advertiser misses deadlines.  Advertiser is obligated to pay Publisher agreed amounts, regardless of whether the advertising was published if it results from Advertiser non-adherence to timelines and content revisions required by Publisher.  

Publisher reserves the unconditional right to request changes, reject, or cancel any booth, signage, product displays, productions or marketing materials deemed, at Advertisers sole discretion, inappropriate for presentation at a Publisher organized event.  

The terms set-out below apply to all products, events, services and media agreed to between Advertiser and Publisher.  

Events – invoices for the full amount will be sent at time of signing with 15% due upon receipt and the remainder due three (3) months prior to the scheduled event.  If the Insertion Order is signed within three (3) months of the event, the full amount will be invoiced at time of signing and the full amount is due upon receipt.

Toy Insider – invoices for the full amount will be sent at time of signing with 15% due upon receipt and the remainder due by May 15 of the calendar year.  If the Insertion Order is signed after May 15 of the calendar year, the full amount will be invoiced upon signing and the full amount is due upon receipt.       

All Other Advertising (print, advertorial, and digital media) – invoices for the full amount will be sent at time of signing with 15% due upon receipt and the remainder due three (3) months prior to the start or publication date of purchased advertising.  If the Insertion Order is signed after June 30 of the calendar year, the full amount will be invoiced at time of signing and the full amount is due upon receipt.    

Insertion Orders consisting of multiple products will be invoiced in full at signing with 15% due upon receipt and the remainder due by May 15.   

Insertion Orders of less than $5,000 for any product or service or will be invoiced in full at time of signing and the total amount is due upon receipt. 

Submission of ad materials and or payment for amounts owed constitutes an agreement to the Terms and Conditions outlined herein, regardless of whether an Insertion Order has been signed. 

Toy Insider – due to the uniqueness of the Toy Insider program, a Toy Insider Insertion Order may only be cancelled within fifteen (15) days of signing or prior to January 15 of the programs fiscal year and amounts owed to Publisher in accordance with the terms outlined herein and as outlined in the Insertion Order, are due to Publisher, regardless of publication dates or whether an invoice has been sent to Advertiser.  

Events – cancellations must be received 120 days prior to the start date of the event.  An Insertion Order is non-cancellable if signed within 120 days of the start date of the event and Advertiser is obligated to pay the balance outstanding in accordance with the terms outlined herein.  

Print Advertising – cancellations must be received 120 days prior to the publication date of the first issue.  No cancellations will be allowed for subsequent issues of any print products.  An Insertion Order is non-cancellable if signed within 120 days of the publication date of the first issue and Advertiser is obligated to pay the balance outstanding in accordance with the terms outlined herein.  

Digital Media / Advertorial – cancellations must be received 120 days prior to the start date or planned publication date.  Advertiser is obligated to pay the balance of the insertion order, in accordance with the terms of the Insertion Order, if a request for cancellation is submitted with less than 120 days, regardless of the date the Advertiser signed the Insertion Order. Q4 digital media partnerships are non-cancellable and requests for cancellations will not be accepted.  

Funfluential – cancellations must be received 120 days in advance of the termination date.  

All payments by Advertisers to Publisher are non-refundable.    

Any payments by Advertiser to Publisher for events, advertising or other services in which Advertiser desires to cancel and is in compliance with the cancellation terms outlined above, will be applied as a credit toward future programs and must be used within 12 months.  Advertiser is responsible and is required to pay the outstanding balance if Advertiser does not meet the cancellations terms outlined above.    

Each party shall comply with all applicable data protection and privacy laws and regulations in the performance of their obligations set out under this Agreement.

The Advertiser warrants that it has obtained all necessary consents and complied with all applicable laws in relation to the data, content or advertising materials which it provides to the Publisher.

All advertisements, materials, information, and documentation provided to Publisher by or on behalf of Advertiser (as defined in the Insertion Order) and Advertiser’s trademarks, trade names, trade dress, copyrights, patents, logos, graphics, images, creatives, and all other intellectual property and all drafts, modifications and derivatives thereof are and shall remain Advertiser’s sole property. 

Each party shall ensure that any Confidential Information or material obtained during the course of the Agreement is kept confidential. Confidential Information shall mean the Agreement and any information which is confidential or proprietary  including, without limitation, information regarding a party’s business, its affiliates’ and licensors’ financials, trade secrets, intellectual property (whether or not issued or registered), customers, products, releases, investments, marketing, promotional and/or business plans and strategies, pricing, partners, management, plans, technologies (whether or not patentable), and techniques. Each party agrees it will not reveal the Confidential Information to any third party (excluding employees, agents, attorneys, accountants, and others who have a need to know), and the parties will ensure that the foregoing parties will not allow the Confidential Information to become public knowledge. Confidential Information excludes information that: (i) is or becomes publicly known through no wrongful act or omission of the receiving party; (ii) is lawfully required to be disclosed to any governmental agency or is otherwise required to be disclosed by law, provided that before making such disclosure, the receiving party shall, unless prohibited by law, governmental authority or by another non-disclosure agreement, provide the disclosing party with at least 15 days written notice of such requirement; or (iii) the disclosing party provides advance written consent for the release of the Confidential Information.

Each party shall indemnify and hold harmless the other party and its directors, officers, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of any breach of this Agreement by the indemnifying party.  Neither party will enter into a settlement or make any admissions on behalf of the other party without prior written consent.  

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of New York.

These Terms and Conditions, together with the Insertion Order signed by Advertiser and Publisher, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings and negotiations in relation to its subject matter.  No amendment or waiver of the Agreement is binding upon either party unless in writing and signed by the parties.  Neither party shall assign the Agreement or its rights or obligations without the other party’s written consent.