Advertising Policy

THE MINING EXECUTIVE ADVERTISING POLICY


These Standard Terms and Conditions (“these Terms”) govern the legal relationship between the party described on the insertion order (“IO”) to which this document relates (including if such party is acting as agent for a third party) (“the Advertiser”) and The Mining Executive (ABN.981219950079) (“The Mining Executive Magazine”) in respect of rendering by The Mining Executive of advertisements (constituted of such text, graphics, image, content or any other marketing or promotional material provided by the Advertiser to The Mining Executive from time to time pursuant to an IO) (“the Ads”) on the The Mining Executive web sites or publications (being the web sites owned and/or operated by The Mining Executive Magazine and/or by any Affiliate (any third party with whom The Mining Executive has entered into an agreement relating in any manner to the web site(s) owned and/or operated by such third party (including where such agreements are for the provision of search technology and/or otherwise for the placement of Advertisements thereon) (“the Site”)).

As a Member of the Publishers’ Advertising Advisory Bureau our publications fully support the Bureau’s Advertising Code of Practice.

In order to maintain high, we will, at all times, and to the best of our knowledge and ability, only publish advertisements which:

  1. will not contain content which in any way discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, sex, age, sexual preference, religion, disability or political belief; and
  2. are clearly distinguishable as advertisements;
  3. comply with, and not encourage breaches of Commonwealth and State law;
  4. do not disparage identifiable products, services or competitors in an unfair or misleading way;
  5. do not portray sexual objectification of individuals or groups of people;
  6. do not contain anything which is likely to cause serious offence to the community or a significant section of the community;
  7. advertise any product meant to be used by, or purchased by children, shall not contain anything that includes dangerous practices which would result in their physical, mental or moral harm. Advertisements should not encourage children to place pressure on their parents to purchase the product advertised;
  8. will not include statements which may take advantage of community expectations in relation to protecting the environment, recycling or energy and water efficiency by implying distinctions or benefits in products or services in a misleading way. Any claims made should be scientifically sound and appropriately substantiated.

ADVERTISING CONDITIONS

  1. The Publisher has no liability and Advertiser indemnifies Publisher in relation to any failure of telecommunications services or systems which affect the receipt by Publisher of an advertisement or the publication of a campaign.
  2. Publisher makes no representation or warranty in relation to the number of visitors to its websites or the number of impressions at any site except for any made expressly in writing by Publisher.

CREATIVE CONDITIONS AND SPECIFICATION

  1. Standard and Rich Media creative must be received no later than 5 working days prior to the campaign start date.
  2. If creative is received after the relevant date and results in a campaign being delayed, the publication of the advertisement will be considered to have commenced as of the date on the insertion order.
  3. It is the advertiser’s responsibility to arrange and manage re-directs with third party adservers and provide such third party with the creative and lead time requirements. Publisher will not compensate clients for campaigns which are affected or delayed in any way by third party adsend/er redirect problems. Publisher may in its absolute discretion remove any redirects from Publisher’s network which are delayed in serving advertisements.
  4. All click-through URLs must enable the browser’s back feature to allow uPublisher ‘‘‘turn to Publisher‘s website.

EXPENDITURE ORDER CONTRACT CONDITIONS

Expenditure Order Contracts are effective for a maximum of 12 months from the date of the order, not the date of the first insertion. Rebate or surcharge as necessary may be made according to the spend used. An order may be back dated not more than one calendar month for the purpose of obtaining a lower rate. All orders are subject to variation as to the rate payable and space available. The newspaper reserves the right to cancel any order on which the advertising is not inserted one month from the date of commencement. The Expenditure level is applicable to the current Rate Card and covers all advertising areas of The Mining Executive Magazine. The expenditure level rate will change at the time of a rate increase. All Expenditure Order Contracts are inclusive of the amount of GST levied on the value of all goods and services supplied by The Mining Executive Magazine. Advertisers must pay the GST amount at the same time and in the same manner as the charges based on these rates.

CHARITY RATE

The Mining Executive Magazine is proud to support registered charitable entities by offering a 40% discount off the current casual rate for advertising in the ‘General Display’ area of the newspaper, as outlined in this rate card. To qualify for this discount, the charitable entity must be registered with the Australian Government and must book a minimum advertisement size of 5 centimetres deep by 2 columns wide. Charity advertisements for countries outside Australia will adopt relevant applicable laws in that particular country at the time of advertisement.

AGENCY COMMISSIONS

Advertising agents recognised by The Mining Executive Magazine will receive a 10% commission on all display advertising and production charges, providing accounts are paid in accordance with the rules and regulations governing The Mining Executive Magazine terms and conditions. Discount will not be paid as well as commission. If any charge on an account is in dispute, this must be resolved prior to the due date of payment and the adjustment charge, if any, to be paid in full in order to qualify for commission. An advertising agent not recognised by The Mining Executive Magazine cannot receive either commission or discount nor sign advertising orders on behalf of a client. Accounts must be paid direct by the client.

ADVERTISING AGENCY RECOGNITION

For recognition as an advertising agency by The Mining Executive Magazine, enquiries are to be made in the first instance through advertising@theminingexecutive.com

INDEMNITY & WARRANTY

Advertisers and/or advertising agencies by submitting or authorising material for publication by the Publisher and in consideration of the Publisher agreeing to publish the material:

  1. INDEMNIFY the Publisher, its employees, agents and related companies (as defined in the Corporations Act) against all actions, proceedings, claims, demands, losses, damages, cost and expenses (including indemnity legal costs) arising out of or in connection with the publication of the material including any such action, proceedings, claims, demands, losses, damages, costs and expenses relating to defamation, malicious falsehood, breach or infringement of copyright, trademark or design, breach of the Competition and Consumer Act or breach of any other legal, equitable or statutory rights or breach of the warranty in paragraph 2 below.
  2. WARRANT that publication of the material will not give rise to any claim of breach of any legal, equitable or statutory rights against the Publisher and will not breach any laws or regulations including, the prohibitions relating to advertising in the Australian Consumer Law (schedule 2) of the Competition and Consumer Act.

 

COMPLAINTS

Are you unhappy with an advertisement in The Mining Executive Magazine or an affiliated product? The steps below show you how to lodge your concerns. In the first instance contact The Mining Executive Magazine directly by emailing the Advertising Coordinator on advertising@theminingexecutive.com. Please ensure you can reference exactly when and where the ad appeared and outline what concerns you have with the advertisement.

You will be asked to put your concerns in writing and once received, The Mining Executive Magazine will respond to you within seven working days.

If you are unhappy with the response from The Mining Executive Magazine you can lodge a complaint with the Advertising Standards Bureau. Before submitting a complaint, please check to see if your complaint is a matter that the Advertising Standards Bureau can consider or that should be referred elsewhere. Complaints to the Bureau must be in writing. You can lodge a complaint using the online complaints form, fax it to (02) 6262 9833 or post it to:

The Advertising Standards Bureau Level 2, 97 Northbourne Avenue TURNER ACT 2612

For further details on the Advertising Standards Bureau processes visit www.adstandards.com.au or phone (02) 6173 1500.

PRIVACY POLICY

 
  1. The parties shall treat all information, in whatever form and howsoever recorded, that may reasonably be argued to have commercial value and that a party receives from the other party as a result of this Agreement (“confidential information”), as private and confidential and safeguard it accordingly. The parties furthermore agree not to use or disclose or divulge or copy or reproduce or publish or circulate or reverse engineer and/or decompile or otherwise transfer, whether directly or indirectly, any confidential information to any other person and shall take all such steps as may be reasonably required to prevent confidential information falling into the hands of unauthorised persons.
  2. The advertiser consents to the use by The Mining Executive Magazine and its related corporations of the advertiser’s details and acknowledges that The Mining Executive Magazine may, at its discretion disclose and use those details for the purpose of providing the advertiser with goods or services, communication with the advertiser, planning, research, product and business development and sales, the promotion and marketing (whether target, direct or indirect) of their businesses, services or products or those of a third party which we believe may be of benefit to you.  The details will also be used to investigate complaints, as required or permitted by any law, to enable The Mining Executive Magazine to perform its obligations under this or any other agreement and to ensure that the advertiser performs its obligations under their or any other agreement.
  3. If you do not want the details to be used for the purposes stated in clause (a) above please email us at: advertising@theminingexecutive.com
  4. For details of The Mining Executive Magazine Privacy Policy, please go to www.theminingexecutive.com/privacypolicy  or contact our Legal Counsel to obtain a copy.
  5.  

CHANGES TO RATES

The Mining Executive Magazine reserves the right to alter any advertising rate, without notice, at any time.

 

GOODS AND SERVICES TAX

All rates/charges displayed in this rate card are exclusive of the amount of GST levied on the value of all goods and services and where included, they will be clearly indicated . The standard GST will be included on quote.  Advertisers must pay the GST amount at the same time and in the same manner as the charges based on these rates.

 

BILLING AND PAYMENTS

(a) The Mining Executive will bill Advertiser before the beginning of the month on a monthly basis or per the agreed period, using the standard broadcast month or calendar month, or at the beginning of the requested campaign as applicable.

(b) The Advertiser shall pay each Invoice in full before the advertisement period agreed or within 30 days after receipt without any deduction or right of set-off; provided, however, if The Mining Executive determines that Advertiser has an unsatisfactory credit history, The Mining Executive Magazine , in its sole discretion, reserves the right to require monthly payments in advance (“Advance”) of any scheduled distribution of Ads as a condition to the distribution and/or continued distribution of Ads.  If The Mining Executive requires and Advertiser fails to make such Advance, The Mining Executive, in its sole discretion, may terminate Advertiser’s schedule for the upcoming month.

(c) Upon request from the Advertiser, The Mining Executive, in its sole discretion, may include verification of performance with monthly invoices issued hereunder, but the furnishing and accuracy of such verifications shall not be a condition precedent to Advertiser’s obligation to timely pay any such invoice.  The Mining Executive shall not be liable to Advertiser for and makes no representations or warranties with respect to such verifications.

(d) Failure of an agency, time-buying service or other media placement service to receive adequate funds from an Advertiser does not relieve such agency, time-buying service or other media placement service from the obligations to timely pay all amounts due to The Mining Executive hereunder. Similarly, payment by an Advertiser to its agency or time-buying services or other media placement service, as the case may be, or payment by an agency to a time-buying service or other media placement service, shall not constitute or otherwise excuse full and timely payment of all amounts due to The Mining Executive hereunder.

(e) The Mining Executive accepts the following forms of payment: Cash, EFT, Personal and Company Cheque (by prior arrangement), Bank Cheque, Visa, MasterCard and American Express.  The Mining Executive is unable to accept Diners Card.

TEAR SHEETS

Advertisements are in no circumstances accepted on the ‘No Tear Sheet’ ‘No Payment’ basis.

Deadlines

Deadlines are put in place and enforced to ensure the components packaged up inside each edition of The Mining Executive are available when required.  Deadlines differ for each component of the magazine and website, be it a specific page, section, liftout, supplement, etc.  Please refer to the relevant page in this rate card for details of the deadlines applicable to the component you are interested in.

TERMINATION 

(a) The Mining Executive reserves the right to terminate a contract or to reject, cancel, terminate, or suspend any Ad at any time, for any reason whatsoever.  Upon termination or suspension, all amounts owed The Mining Executive hereunder and not paid shall become immediately due and payable.

(b) Advertiser may cancel the distribution of Ads upon 14 days’ prior written notice to The Mining Executive Magazine, effective no earlier than 14 days after the commencement of distribution of Ads under this contract. 

(c) Advertiser may cancel the distribution of Ads if The Mining Executive is in material breach of its obligations hereunder and fails to cure such breach within 10 days of Advertiser’s written notice, except as otherwise stated in this contract with regard to specific breaches.

(d) If Advertiser cancels all or any portion of this contract, or if The Mining Executive cancels this contract for cause due to a breach by Advertiser, all discounts shall be void and rates on the then-current rate card will apply.  If The Mining Executive cancels this contract other than for cause due to a breach by Advertiser, Advertiser shall have the benefit of the same discounts that it would have earned had it been allowed to complete the contract. 

(e) If Advertiser cancels any special promotion, contest, sponsorship, sweepstakes or other service provided to Advertiser by The Mining Executive, at Comcast’s sole discretion, any related discounts for Ads shall be void and rates on the current rate card shall apply.

NOTE: Cancellations that are accepted after deadline are bound by either the ‘Defer & Charge’ or ‘Delete & Charge’ policy, details of which are outlined below.

DEFER & CHARGE

Applicable where the cancellation is accepted prior to the material deadline.  Conditions are:

  • The full charge, 100% of the original price confirmed for the insertion/s, is chargeable to the customer on the original scheduled publication date.
  • The customer is entitled to a ‘Make Good’ insertion/s on a like for like basis; however, this must be rescheduled and published within 90 days of the original publication date.
  • The customer is NOT entitled to a credit that can be offset against future advertising.
  • The responsibility to arrange the ‘Make Good’ insertion/s rests with the customer or their appointed advertising agency.
  • Preferred or specified positioning, which is always subject to availability at time of booking, is at the discretion of the Publisher.
  • In the event the ‘Make Good’ insertion has not been published within 90 days of the original publication date, access to it will be forfeited with no further entitlement or claim by the customer.

DELETE & CHARGE

Applicable where the cancellation is accepted after the material deadline has passed.  Conditions are:

  • The full charge, 100% of the original price confirmed for the insertion/s, is chargeable to the customer on the original scheduled publication date.
  • The insertion/s are forfeited with no further entitlement or claim by the customer.

MATERIAL DEADLINES

Please refer to the relevant section in this website for details of the deadlines applicable to the component of The Mining Executive Magazine you are interested in.  Acceptance of material after the applicable deadline is at the discretion of the Advertising Coordinator, email : advertising@theminingexecutive.com

NOTE: Material either not supplied or received too late to make the edition will be filled at the discretion of the Advertising Coordinator, email : advertising@theminingexecutive.com.  The ‘Delete & Charge’ policy applies in such cases.  Details of the ‘Delete & Charge’ policy can be found in the ‘Cancellation After Deadline’ section of this rate card – refer below.

 

REPLACEMENT MATERIAL

Wherever possible efforts will be made to accommodate replacement material; however, acceptance of replacement material cannot be guaranteed.  A lot depends on what stage of the publishing process we are at when the replacement material actually arrives.  In the first instance, you must notify Advertising Coordinator, email : advertising@theminingexecutive.com..  If Advertising Coordinator is not aware of replacement material being supplied, they will not be looking for it and if they are not looking for it is unlikely to be processed.

 

REPRODUCTION

All enquiries relating to production must be in writing to the Advertising Coordinator, email : advertising@theminingexecutive.com, with a sample of magazine including the cover sheet or section on website, within 5 working days of publication

ERROR CLAIMS

Errors that are in no way the fault of the advertiser and which, in the opinion of the publisher, clearly lessen the value of the advertisement must be notified within seven (7) days of the first publication of the advertisement.

For series advertisements such errors which are not notified prior to the classification deadline on the first date the error is published will be limited to appropriate compensation being credited for that first date of publication.  Otherwise error compensation will be at the discretion of The Mining Executive Magazine.

GENERAL DISPLAY & ONLINE POSITIONING

The positioning or placement of an advertisement is at the discretion of the Publisher except where expressly agreed in writing by Publisher.

Customer Service: info@theminingexecutive.com

CLASSIFIED DISPLAY & LINEAGE

Claims for adjustment, refund or re-insertion because of the position given to, or the incorrect alphabetical sequence of, the advertisement is at the publishers discretion. Customer Service: info@theminingexecutive.com

Otherwise no Error Claims or Adjustments are allowed

Other than as stated above, no liability will be incurred by the publisher by reason of any amendment to, or error or inaccuracy in, or the partial or total omission of an advertisement (single or multiple insertion), or by reason of any delay or default, or form any other cause whatsoever.

Advertisement Content / Style

Foreign Language Advertisements

All notices required to be printed in a foreign language must be accompanied by the English translation, which will appear before the foreign language notice.  Both English and foreign versions will be charged.  Translations must be supplied from an accredited translator.

CONTROVERSIAL SUBJECTS

The publisher reserves the right to alter or decline advertising copy, without reference to advertisers, to ensure that the newspaper is not exposed to claims, complaints or legal action concerning publication of material prepared by other parties.

EDITORIAL STYLE ADVERTISEMENTS

Advertisements which are considered to resemble editorial style will be subject to amendment, alteration or rejection at the discretion of the publisher without prior notice and such advertisements must be clearly identified by the use of the word ‘ADVERTISEMENT’ above the copy headline.

POLITICAL & ELECTION MATTER

Advertisements making statements or expressing opinions regarding government policy require the word ‘ADVERTISEMENT’ in 10pt type at the top.  We also request the inclusion of an authorisation at the base of the advertisement with contact details, to give our readers the opportunity to respond, should they wish to.

WEBSITE ADDRESSES & QR CODES

The use of website addresses and QR codes in advertisements is subject to prior approval by the publisher, in addition the below conditions apply:

  1. The publisher does not warrant the accuracy of content on the website.
  2. The advertiser is responsible for checking the accuracy of all information and content published on the website.
  3. The publisher accepts website addresses and QR codes in advertisements in good faith.
  4. Advertisers placing website addresses and QR codes in advertisements agree to comply with the Competition and Consumer Act.
  5. As a condition of publishing website addresses or QR codes in advertisements, the advertiser warrants to the publisher that the advertiser will not use the website for any purpose that is unlawful or prohibited by these terms and conditions.
 

FINE PRINT

The minimum size for small print in advertisements is 6 point.  This applies to all small print including, but not limited to, clauses and conditions. Advertising Features

  1. For features produced by The Mining Executive Magazine we reserve the right to:
  2. Place the words ‘Advertising Feature’ on the front cover of pre-printed features and on each page of tabloid features.
  3. Place the publication date on the front cover of pre-printed features.
  4. Publish The Mining Executive Magazine logo (weekday) .

DEADLINES

Deadlines will be provided for advertisement bookings, advertorial copy and advertising material once the feature is booked.

Deadlines are set in place in order to meet our own editorial, production and print deadlines and must be strictly adhered to.

Underwritten Features

For products that are underwritten and/or features that require client approval, the client will be given the opportunity to make two (2) rounds of changes to the copy.

We aim to have this three-step process finalized within 48 hours (2 business days).

  1. Once the feature is initially completed, a proof will be given to the client for changes.
  2. The client will be given a second proof with the first round of changes completed. This is the client’s opportunity to make final changes.
  3. Once the second round of changes has been made, a final proof will be given to the client and signoff will be sought.

LEGAL REQUIREMENTS

Competition & Consumer Act and Fair Trading Act

The Competition and Consumer Act and in particular the Australian Consumer Law contain a number of prohibitions affecting advertising, including the prohibition of misleading and deceptive conduct.  All advertisements lodged must comply with this legislation.  Legal advice should be obtained by advertisers in relation to these issues.

ELECTION ADVERTISEMENTS

Australian Federal Election advertisements, by law, require the word ‘ADVERTISEMENT’ in 10pt type at the top and authorisation at the base of each advertisement otherwise if it is an international advertisement, the relevant applicable laws of the country from which the advertiser is located shall apply.

OTHER LEGISLATION – COMPETITIONS / PROSPECTUSES

Advertisers are advised to submit to their legal advisers, advertisements relating to competitions which may infringe legislation such as The Lotteries Act , Gaming and Wagering Commission Act and Prospectuses relating to the issue of shares, debentures, etc., which must comply with the Corporations Act.

Copy for advertisements which are subject to the Corporations Act must be accompanied by a certificate signed by two directors of the company advertising. Copyright Warning

Due to the Copyright Act 1968, advertisers are advised that the inclusion in advertisements of material (photographs, artist’s illustrations or text) taken from any other source, whether an article published in a newspaper, magazine, periodical or otherwise is strictly prohibited without the written consent of the owner of the copyright.

It is the advertiser’s sole responsibility to ensure that any material used in an advertisement;

  • (a) is authorised for publication by the owner of the copyright to prevent the possibility of legal action being taken against the advertiser for any breach of the Copyright Act;
  • (b) does not infringe any legal, equitable or statutory interests of:  (i) any living person/s depicted in the material; or (ii) the owner of any legal, equitable or statutory interest in respect of subjects or items depicted, described or referred to in the material.
  • The Mining Executive Magazine copyright © material must not be reproduced without permission.

RATES AND CHARGES

  • (a) The Mining Executive Magazine reserves the right to increase its rates at any time without notice; provided, however, that with respect to IOs which have been accepted by The Mining Executive Magazine prior to such rate increases, no such increases shall be applied to Ads distributed under an IO for 30 days after written notification to Advertiser.  
  • (b) Advertiser may contract for distribution of Ads of various lengths subject to The Mining Executive Magazine’s rate card and only with prior Comcast approval. 
  • (c) Advertiser will pay all non-recoverable out-of-pocket costs incurred in connection with any Ads, promotion, contest, sweepstakes or other service provided to Advertiser by The Mining Executive Magazine. 
  • (d) The Mining Executive Magazine may invoice Ads based on performance data provided by a third party or The Mining Executive Magazine. The Mining Executive Magazine specifically disclaims and makes no representations or warranties of any kind, express or implied regarding the performance data.

Interactive Platforms

In connection with customers and potential customers obtained by means of Ads on interactive platforms, Advertiser will:

        (a) use the contact information provided by The Mining Executive Magazine’s subscribers (“Subscriber”) solely for the purposes of providing such Subscribers with communications they have specifically opted-in to receive, provided that when a Subscriber is given the option to opt-in, Advertiser shall:
      • (i) clearly inform the customer regarding the uses to which such contact information shall be made, and
      • (ii) make reasonably available to such customer the privacy policies to which such information shall be subject;
    • (b) not disclose, sell or share any personally-identifiable Subscriber information to any third party;
    • (c) be solely responsible to respond to all Subscriber inquiries promptly and efficiently;
    • (d) comply at all times with The Mining Executive Magazine Subscriber and Advertiser’s customer contact guidelines, if any;
    • (e) ensure that any Subscriber who requests a “do not call” “do not email” or equivalent listing is immediately removed from all call or email lists and follow-ups;
    • (f) cease all contact with any Subscriber immediately upon request from such Subscriber or The Mining Executive Magazine;
    • (g) transmit all contact data securely and keep all contact data in a secure environment and otherwise be respectful and protective of Subscribers privacy in all respects;
    • (h) not contact Subscribers utilizing an autodialer or similar technology or a prerecorded message;
    • (i) make any required disclosures of costs that may be incurred by Subscribers who receive text messages or calls to mobile phones;  and
    • (j) comply with all other applicable carrier, network and Comcast guidelines.

    In addition, communications made by Advertiser to Subscribers in accordance herewith:

    • (A) shall only promote the products and services of Advertiser for which a Subscriber has expressly requested to be sent such communications, and
    • (B) shall not include any advertisement, sponsorship or promotion of or by any party other than Advertiser.  Further, any communications between Advertiser and Subscribers or potential Advertiser customers are subject to the reasonable approval of Comcast. Nothing in the foregoing shall prevent Advertiser from creating lists of, or to market to, customers who have independently contacted Advertiser regardless of whether they had previously used any of Comcast’s Platforms.

    INDEMNIFICATION/LIMITATION OF LIABILITY

    (a) Advertiser shall, to the fullest extent permitted by law,  indemnify, defend, and hold The Mining Executive Magazine harmless from and against any and all claims, suits, actions, damages, liabilities, judgments, losses, assessments, interest charges, penalties, costs, and expenses (including, attorneys’ fees and disbursements) arising out of or relating to:

    (i) the creation or production of Ads provided and/or authorized by Advertiser;

    (ii) the distribution of the Ads, Ad Materials and the products and services they advertise, including, without limitation, any Ad or Ad Materials that infringe, misappropriate, or violate the rights of any third party, IP or otherwise, violate applicable law or regulations, or give rise to any claim or cause of action or results in actual damages or losses;

    (iii) any breach by Advertiser of this contract or any of Advertiser’s representations or warranties hereunder; and

    (iv) any third-party claims related to the use of any data provided by Advertiser. The foregoing representations, warranties, and indemnities shall survive the completion, cancellation, or termination of this contract.

    (b) Notwithstanding anything in this contract to the contrary, the sole remedies available to Advertiser for any claims arising out of:

    (i) a breach of this contract by The Mining Executive Magazine;

    (ii) the negotiation or performance of this contract; or

    (iii) the distribution by The Mining Executive Magazine of the Ads or Ad Materials provided by or on behalf of Advertiser shall be:

    (y) substitute distribution of Ads or Ad Materials or related material at a subsequent time in the same or comparable manner or class of air time; or

    (z) a refund of amounts paid by Advertiser for the unfulfilled portion of this contract, in the sole discretion of The Mining Executive Magazine.

    (c) IN NO EVENT SHALL THE MINING EXECUTIVE MAGAZINE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOOD WILL, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS CONTRACT OR BE SUBJECT TO EQUITABLE REMEDIES OR INJUNCTIVE RELIEF.