In this Agreement, unless the context otherwise requires:
Act of Bankruptcy means in relation to the Advertiser
Advertisement means the Advertiser's proprietary advertising materials including, without limitation, banners, buttons, text-links, clicks, co-registrations, pop-ups, pop-unders, e-mail, graphic files and similar online media advertisement for publishing and/or distribution through the Jack Media Affiliate Network and:
Advertiser Advertiser means you, the advertiser described in the Insertion Order, your successors and assigns or any agent or person acting on behalf of and with your authority;
Advertising Materials means any Intellectual Property, artwork, copy, animations or any active URLs for the applicable Advertisements;
Agreement means this agreement together with the Insertion Order;
Confidential Information means any information:
which is disclosed to the Advertiser, directly or indirectly, or otherwise comes to the knowledge of the Advertiser in relation to or in connection with this Agreement, whether that information is in oral, visual or written form or is recorded or embodied in any other medium;
Deliverables Deliverables means the Advertiser requirements specified in the Insertion Order for payment based on the number of clicks, impressions, leads, or acquisitions per Advertisement;
GST has the meaning given to that term in the A New Tax (Goods and Services Tax) Act 1999 (Cth);
Insertion Order means an order which the Advertiser will submit to Jack Media for the publication of the Advertisements on the Jack Media Affiliate Network;
Intellectual Property means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, domain names and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields;
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world and shall include, without limitation, copyright, trade marks, designs, patents, knowhow and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for the registration of such rights and includes all renewals and extensions;
Jack Media means Jack Media Pty Limited (ACN 151 733 621), its successors and assigns or any person acting on behalf of and with the authority of Jack Media Pty Limited;
Jack Media Affiliate Network means Jack Media’s registered third party affiliates and publishers and related technology and software;
Publish or Published means the act of Jack Media making the Advertisement available to members of the public on the Websites, by email or SMS message and any other form of media as approved by the Advertiser in the Insertion Order from time to time;
Services means the provisions of the following services by Jack Media to the Advertiser as specified in the Insertion Order:
Service Fees means Jack Media’s fees for the provision of the Services, as set out in the Insertion Order.
Websites mean the websites operated by Jack Media or the Jack Media Affiliate Network.
Except to the extent that the context otherwise requires:
This Agreement will commence on the launch date and will terminate on the campaign end date as specified on the Insertion Order, unless terminated earlier in accordance with clause 11.