Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008

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Terms and Conditions General terms and conditions of Penton Media GmbH (hereafter: "publishing house") for advertisements in the print area. 1. Validity of the conditions Offers and services are subject without exception to the following conditions. These conditions are also considered applicable to all future business relations, even if they are not agreed again. Divergent or conflicting conditions do not become content of the contract, even if these are not specifically contradicted. Deviations from these conditions must be in writing. Orders are considered as accepted only when they are confirmed in writing or are partly implemented. This is applies particularly to statements by field representatives. 2. Refusal of Advertising Orders The publishing house can reject advertising orders because of the content, origin, or technical form according to uniform, objectively justified principles and can withdraw from confirmed advertising orders if the content of these orders violates laws or official regulations or if their publication is unreasonable for the publishing house, particularly if the advertisement is erotic or pornographic, if names or terms are used that suggest erotic or pornographic programs or that advertise for programs or online services with erotic sexual or pornographic content, or if the ads or the programs they are advertising violate legal statutes, especially § 184 StGB, §§ 1, 6 GJS. The publishing house can make the publication of an advertisement dependent on the customer’s producing a notarized declaration that the advertisement itself and any program connected with it do not violate legal statutes, especially § 184 StGB, §§ 1, 6 GJS. Advertisements that are not recognizable as advertising on the basis of their editorial design will be clearly marked with the word "advertisement” by the publishing house. 3. Ad placement The publishing house reserves the right to publish the advertisement in a suitable position of its own choice, unless a prior agreement has been made to place the advertisement in a specific place in a particular issue. In this case, all materials must be submitted to the publishing house so that the advertisement can be published on time in the contractually specified place; otherwise, the publishing house will have free choice of the advertising position. Advertisements for a specific rubric are printed in the respective column, without any necessary explicit agreement. 4. Materials to be Printed The customer must place all required materials at the disposal of the publishing house in time for the normal issue of the advertisement. The customer is responsible for the punctual delivery of error-free printing materials or additions. The customer must supply replacements for visibly unsuitable or damaged materials. The customer is liable for the expenses for preparation of ordered films and dra- wings as well as any changes to the original specifications desired or ordered by the customer. 5. Content of the Advertisement The customer has exclusive responsibility for the content of the advertisement, as well as for assuring that rights of third parties are not violated by the advertisement. The customer releases the publishing house from any claims of third parties that arise from the execution of the order, even if it should be cancelled. The publishing house is not obliged to check whether advertisements infringe upon the rights of third parties or whether they adhere to the legal regulations governing competition. 6. Dates of Publication Dates of Publication are only binding if they are agreed upon as fixed deadlines and all materials required for execution of the order have been submitted. Delays on account of acts of God and events that substantially complicate or render impossible the fulfillment of this contract, such as difficulties procuring materials, strikes, lockouts, operational disturbances, official dispositions, etc.--also when they affect suppliers or sub-suppliers--are excepted, even in the case of set deadlines. The publishing house is entitled to publish the advertisements within a reasonable preparation time after the impediments have ended or to withdraw from the full or unfulfilled parts of the contract. 7. Rates of ads Advertising rates are taken from the valid price list in each case. Discounts arranged or granted apply only to the amount of advertising specified in the order. In the case of individual orders called up by the customer later than arranged, the discounts will apply only if the entire order is completed within one year after the appearance of the first advertisement. 8. Proofs and Sample Copies Proofs are supplied only at the explicit wish of the customer. The publishing house is responsible for the correction of only those mistakes that he is informed about within the deadline specified at the time of delivery of the proofs. The publishing house will supply with the invoice upon request a advertising sample copy of the advertisement. According to type and size of the advertising order, advertising cutouts, sample pages, or entire issues of the document will be supplied. If a sample can no longer be procured, the publishing house will furnish a certificate attesting to the publication and distribution of the advertisement. 9. Conditions of Payment Unless agreed otherwise, the prices are valid for 30 calendar dates from date of the offer by the publishing house. Invoices are payable no later than 30 calendar dates after invoice date without deduction to the payment. Payments, even if otherwise specified, will apply to the oldest open invoice, then 6
Terms and Conditions to unpaid interest charges, and finally to the invoice specified. If the customer does not comply with his payment obligations according to contract, if his payment is in arrears, or if he exceeds the payment deadline, or other circumstances become known that call into question his creditworthiness and thereby endanger the payment demands, payment can be demanded regardless of existing oral agreements about extensions and installment payments through discounted bank draft prepayments for contracted advertisements, as well as immediate payment of all invoices open as well as not yet due; and the advertising contracts that are still running can be cancelled. The customer is only entitled to compensation, withholding, or decreasing payment if his claims are recognized or the counterclaims are legally determined. 10. Delays With the exception of firmly arranged fixed dates of publication, a delay may be said to occur only when the customer has set in writing a grace period of at least one month. If the publishing house falls behind, it bears obligations for damages in the case of light negligence in the amount of 0,5% for every complete week of delay not, however, to exceed 50% of the value of the advertisement affected by the delay. Claims exceeding this are only applicable in cases of intentional or gross negligence. If the delay continues for longer than three months, the customer is entitled after a reasonable grace period to cancel the unfulfilled part of the contract. If the delivery time is extended or the publishing house is freed of its obligation by the cancellation of the contract, the customer will have no claims for damages. 11. Liability Regulations with Material Defects and Defects of Title The publishing house guarantees the best possible reproduction of the advertisement corresponding to the usual technical standards of the printing industry, within the framework of possibilities of the material to be printed. Claims fall under the statute of limitations in 12 months. This period begins with the day of the appearance of the advertisement. The customer is responsible for checking the published advertisement immediately and reporting any defects within a week of publication. If there is a defect caused by the publishing house, the customer is entitled to a substitute advertisement in the next possible issue. If the publisher fails to fulfill this obligation within an appropriate period of time, the customer can, after setting another deadline, withdraw from the contract or reduce the advertising price. The post-fulfillment claims are the entitlement of only the customer and cannot be transferred. 12. Limitations of Liability The publishing house has unlimited liability only for intentional and gross negligence, in the case of negligent breach of duty as well as for losses resulting in loss of life, bodily injury, or impairment of health. In the case of light negligence, the publishing house is responsible for damages including lost profits only by the violation of such obligations on whose fulfillment the customer might rely in special measure. According to the size, the liability is limited in this case to the damages typical to the nature of such contracts and in such cases foreseeable and not controllable by the customer. 13. Jurisdiction and Place of Execution Jurisdiction and place of execution is the seat of the publishing house in München. This applies only if the customer belongs to the businessmen for the purposes of §§ 1, 2, 3, 5 and 6 HGB, or is, in accordance with § 38 paragraphs I ZPO, a legal entity of the public law or publicly legal separate estate or if his domicile or usual place of residence is unknown at the time of the filing of an action or if his domicile or usual place of residence is moved after closure of the contract from the area of jurisdiction of the law or the customer has no general jurisdiction at home. The publishing house is, however, also entitled to sue in the customer’s seat of jurisdiction. The laws of the Federal Republic of Germany apply in all legal relations existing between the parties. 14. Miscellaneous Should one or more regulations of these terms of trade or a regulation within the framework of other agreements be or become ineffective, the validity of all other regulations or agreements will not be affected by this. Invalid or missing clauses are to be replaced as a substitute by effective clauses that are equal to the desired purpose through the help of the appropriate legal regulations. Status: August, 2007 (subject to change) 7
Page 1 and 2: Official International Grüne Woche
Page 3 and 4: Format examples Magazine format 210
Page 5: Special inserts Inserts Insert pric

Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008

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