Effective date: April 11, 2025        Previous Terms

 

Modern Luxury Customer Agreement

 

TERMS AND CONDITIONS OF SALE

The following terms and conditions govern all entities that place advertising (“Advertiser”), either directly or through an agent (“Agency”), in print magazines (“Magazines”), digital magazine publications (“Digital Editions”), websites and mobile sites (collectively, “Websites”), email campaigns (“Email(s)”), videos (“Videos”), event activations (“Events”) and any other application or service including but not limited to social media (“Apps”) published and/or owned, leased or operated by or on behalf of DM Luxury, LLC dba Modern Luxury (“DML”) (collectively, together with Magazines, Digital Editions, Websites, Emails, and Apps, the “Publisher”), and through Publisher on any third party Websites, Apps and/or any other platform or service (including, but not limited to, Facebook, Instagram, etc.) (Collectively, the “Third Party Services”). The placement of advertising and any order with Publisher constitutes Advertiser/Agency’s agreement to these terms and conditions and, to the extent ads are placed on any Third-Party Services, such placement also constitutes Advertiser/Agency’s agreement to such Third-Party Services’ then-applicable terms and conditions. These terms and conditions may be modified from time to time by Publisher, and the terms and conditions of any Third-Party Services may be modified from time to time by such Third-Party Service; additional placement of advertising or orders will constitute Advertiser/ Agency’s agreement to any such modifications.

 

1. AGENCY AS AGENT FOR ADVERTISER. If an Agency is involved with this Agreement, Agency acknowledges and represents that it is acting as an agent for and on behalf of Advertiser. Agency further acknowledges and represents that it has actual authority to enter into this Agreement for and on behalf of Advertiser. Agency and Advertiser shall be jointly and severally liable for all payments to be made to Publisher under this Agreement.

 

2. PAYMENT AND BILLING.

(a) Advertiser/Agency agree to pay Publisher the rate(s) set forth in this Agreement. Such rates are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Advertiser/Agency.

(b) Certain advertising rates require a specified number of advertisements be published within a specified period and be promptly paid for (“Frequency Discount”). The Advertising Agreement must be completed within one (1) year of the first insertion in order to earn a Frequency Discount. An Advertiser who does not complete a committed schedule for which it has been extended a frequency discount will be subject to a “Short Rate,” at the rate applicable to the frequency earned by the number of advertisements actually run, events actually held and/ or other products displayed or transmitted, and this Short Rate shall become immediately due and payable.

(c) Publisher’s invoice shall be deemed correct in all respects unless Advertiser/Agency deliver to Publisher written objections to the billing amounts set forth in the invoice or credit card charge within ten (10) days of the invoice date or credit card charge, whichever is earlier. If a lower rate or different condition is invoiced that is contrary to this Agreement, such rate or condition shall be considered a clerical error, Publisher will publish and charge advertising per this Agreement and issue a corrected invoice.

(d) In the event that any amount due to Publisher under this Agreement is not timely paid in accordance with the payment terms, Publisher reserves the right to charge interest for delayed payments at the rate of one and one-half percent (1.5%) per month, or the maximum legal rate of interest allowed by law, whichever is higher, for all past due invoices. Publisher also reserves the right to charge the credit card provided by Advertiser/Agency for any outstanding amounts owed.

(e) If Advertiser/Agency fail to make payments as provided for herein, or if Advertiser/Agency fail to comply with any other provision of this Agreement, Publisher shall have the right, in addition to any other rights it may have, without notice, to cancel or suspend any advertisement or to cancel this Agreement. Publisher also reserves the right to revoke any Agency commission, in whole or in part, in the event that payments are not made as provided for herein.

(f) If Advertiser/Agency default in the payment of Publisher’s invoice(s) or, if in the judgment of Publisher, either of their credit becomes impaired, Publisher shall have the right to require pre-payment or modify the payment terms for any future advertising.

(g) Advertiser/Agency agree to pay Publisher a flat fee of $100 for any check returned unpaid for any reason by Advertiser/Agency’s bank.

(h) Publisher’s advertising rate(s) and Rate Card reflect Advertiser/Agency’s payments by ACH, wire transfer, or check. Should Advertiser/Agency elect to pay invoices via credit card, Publisher reserves the right to charge a convenience fee or a credit card surcharge, except where restricted by law.

 

3. TERMINATION.

(a) Publisher reserves the right at its absolute discretion to cancel this Agreement at any time, including, but not limited to, for reasons relating to the content of the advertisement or any technology associated with the advertisement, or for convenience.

(b) In the event of Advertiser/Agency’s cancellation of any portion of an advertising order, or failure to have promptly pay for any portion of an advertising order already published, or if at any time Publisher in its reasonable judgment determines that Advertiser/Agency is not likely to publish and/or pay for the total amount of advertising specified during the term of the Agreement, any Frequency Discount will be retroactively nullified, including for previously published advertisements, and may result in a Short-Rate. In such event, Advertiser/Agency must reimburse Publisher for the Short-Rate within 30 days of invoice, and Advertiser/Agency will thereafter pay for advertising at the open rate in effect at the time of breach.

(c) Advertising credits or value-added credits (“Credits”) will only be honored if all contracted advertising is paid for by the due date. Credits must be used by the Advertiser within three months in which they were originally scheduled. If any portion of such Credits remain unused at the expiration of the foregoing three-month period, such unused Credits shall be expired, and Publisher shall not have any further obligation to Advertiser/Agency.

(d) For termination due to Advertiser’s/Agency’s default in the payment of Publisher’s invoices or other breach of this Agreement, all charges incurred by Publisher for Advertiser/Agency shall become immediately due and payable.

 

4. DELAY OR OMISSION. If there is a delay or omission in publication of any advertisement or product contracted to be published, displayed or transmitted hereunder (including but not limited to restrictions imposed by law, acts of God, labor disputes, technical breakdowns, health conditions), Publisher shall not be in breach hereof, but upon Agreement with Advertiser/Agency, Publisher shall substitute a reasonably equivalent date for the publication, display or transmittal of the delayed or omitted advertisement or product. If Publisher has not already published, displayed or transmitted the advertisement or product, and no such substitute time is available, the charges allocable to the delayed or omitted advertisement or product will be waived.

 

5. ADVERTISING MATERIALS; INDEMNIFICATION.

(a) This Agreement is not exclusive as to Advertiser’s business, products, or services and Publisher remains free to solicit and publish, display and transmit advertisements and products of other advertisers whether or not they are in competition with Advertiser’s business, products, or services.

(b) All advertisements and products shall conform to Publisher’s current and prevailing mechanical specification requirements and are subject to Publisher’s prior approval and continuing right to reject or require editing of such materials. In some cases, asset forth in Publisher’s list of Production Charges, additional production charges may apply as applicable for services requested by Advertiser/Agency or for services deemed necessary by Publisher to bring Advertiser’s supplied materials into conformity with Publisher’s mechanical requirements.

(c) For design advertisements created or edited by Publisher (as opposed to materially supplied solely by client), Advertiser/Agency may receive up to two (2) rounds of revisions. Further revisions shall be subject to additional cost as set by Publisher. For Design advertisements, Publisher may provide Advertiser/ Agency low-resolution proofs for review but shall not release to Advertiser high-resolution images (or “workups”) for Advertiser/Agency’s use (including in publications or platforms other than Publisher’s) unless approved in writing by an authorized executive of Publisher; such usage may require authorization from the photographer, as well as an additional usage fee. Publisher may make edits to any text, imagery and/or layout in such advertisements as determined in Publisher’s reasonable discretion, including but not limited to, for brevity, clarity and aesthetics.

(d) Advertiser/Agency agree to meet Publisher’s published firm closing and approval dates. Any modifications to or cancellations of previously contracted space must be made by Advertiser/Agency in writing to Publisher no later than fourteen (14) days prior to the space reservation deadline (or such other deadline as provided by an authorized executive of Publisher) for the issue or product in which Advertiser has contracted space. In the event Advertiser/Agency fail to do so for any reason, or fail to respond to requests for approval by Publisher for any reason, Advertiser/ Agency authorize Publisher to run Advertiser’s previously-approved materials or to fill the space at Publisher’s discretion (including proofs even if not approved by Advertiser/Agency, or pickup ads) and Advertiser/Agency agree that it shall remain fully liable for the cost of the advertisement as originally ordered.

(e) Publisher cannot guarantee placement of any advertisement or product, unless explicitly agreed to by Publisher on the face of this Agreement (i.e., not if solely added by Advertiser/Agency). Publisher reserves the right to limit the amount of space any one advertiser, or any category of advertiser may run. Publisher reserves the right to relocate a Cover 2, Page 1 spread position up until and including the day of issue closing when the opportunity arises for a gatefold unit off the Cover 2. The Advertiser/Agency being requested to vacate Cover 2, Page 1 would be given first right of refusal to run a gatefold unit and endeavor to provide up to 24-hour turnaround time. In the case where it is not possible

for said advertiser to run a gatefold, Publisher will strive to find the best possible position (as reasonably determined by Publisher) within that issue. If possible, Publisher will also offer said advertiser the opportunity to move their paging to another available publication of Publisher. Further, Publisher does not guarantee that any advertisements or items will remain published on websites, digital editions, social media or other online platform in perpetuity. Publisher may remove such items as its discretion, including but not limited to as it deems necessary or to comply with applicable law.

(f) Due to unavoidable variation between color proof reproduction and web offset printing reproduction, in paper stocks, printing and digital production methods, Publisher cannot guarantee exact fidelity to color represented in proofs but will use commercially reasonable efforts, within the standards deemed reasonable by the web offset printing industry, to reproduce true color.

(g) Advertiser/Agency agree that if for any reason: (i) there is an error in the binding or insertion of its advertisement, (ii) Publisher or Printer misses the bindery closing date, (iii) its advertisement does not appear when requested or (iv) any of the events listed above in paragraph 4 occur, its advertisement may be automatically re-scheduled by Publisher and the Advertiser/Agency shall be notified of the rescheduled date.

(h) Advertiser’s subject matter and advertising material is subject to the approval of Publisher. No advertising matter that may be deemed, in the Publisher’s sole discretion, injurious or prejudicial to the public’s interest, Publisher, or honest advertising and reputable business in general will be accepted. Publisher reserves the right to reject any advertisement for any reason. In the event Publisher rejects Advertiser’s materials, Advertiser/Agency agrees to make reasonable changes. If Advertiser/Agency fail to do so, Publisher reserves the right to run Advertiser’s previously approved advertisement or to run a non-revenue producing public service advertisement and Advertiser/Agency shall remain fully liable for the cost of the advertisement as originally ordered.

(i) Notwithstanding Publisher’s approval rights in paragraph 5(h) above, Advertiser/Agency is/are responsible for all materials (including but not limited to, photography, video, audio and design) furnished by them or on their behalf, including ensuring that to the extent that any materials are delivered to Publisher in electronic form, they will not contain any viruses, time bombs, or other devices capable of disabling or interfering with any computer systems or software. Publisher is not liable for typographical or scriveners errors in the copy of any advertising or material submitted to Publisher. Advertiser/Agency is responsible for final proofreading prior to publication, display or transmittal (including phone number, address, etc.). Advertiser/Agency each represent and warrant that: (i) Advertiser’s websites, mobile sites, applications, e-mail campaigns and any other services that are associated with advertising purchased by Advertiser/Agency fully comply with, and shall contain all necessary consumer disclosures required by, applicable federal, state and local laws, rules and regulations; (ii) any advertising or other materials (including, but not limited to, images and product samples) submitted by Advertiser/Agency, and/or created by Publisher on behalf of Advertiser or Agency complies with all applicable laws (including advertising disclosures), rules and regulations, and does not and will not violate the personal or proprietary rights (including, but not limited to, any copyright, patent, trademark, service mark, privacy and publicity rights) of, and is not harmful to, any person, corporation or other entity; and (iii) any advertising or other materials submitted by Advertiser/Agency shall be accurate and not contain any defamatory materials. Publisher reserves the right, but is not obliged, to add a disclosure to any advertisement resembling editorial consent, in its sole discretion.

(j) Client irrevocably grants Publisher permission and a non-exclusive, royalty-free license to use the Materials in any of its print and digital media assets, and for purposes of marketing and promoting Client’s products or services, or Modern Luxury’s Publications (e.g., Modern Luxury website pop-up promoting Modern Luxury’s social media accounts where Materials may be featured).

(k) As part of the consideration to induce Publisher to publish its advertising, Advertiser/Agency agree jointly and severally to defend, indemnify and hold harm-less Publisher, its parent, subsidiaries and affiliates, and each of their officers, directors, members, employees, contractors, licensees, agents, representatives, successors and assigns against any and all liability, loss, damage, and expense of any nature, including attorneys’ fees (collectively, “Losses”) arising out of any actual or potential claims for libel, invasion of privacy, harm, advertising disclosure, copyright, patent, or trademark infringement, violation of publicity rights and/or any other actual or potential claims or suits that may arise out of (a) the copying, printing, publishing, displaying, performing, distributing or transmitting of such advertisement; (b) violation of any other laws relating to Advertiser’s advertisements; (c) the products/services promoted, sold, and/or presented in Advertiser’s advertisements; and/or (d) Advertising/Agency’s breach or alleged breach of this Agreement and its terms and conditions. This paragraph 5(k) shall survive cancellation or termination of this Agreement.

 

6. DISPUTES. Any discrepancy, dispute, or disagreement by Advertiser/Agency with any advertisement, event or other service provided by Publisher hereunder or related to the amount charged by Publisher for same shall be reported to Publisher in writing within ten (10) days from the date of the invoice relating to same, time being of the essence. Any dispute with a credit card charge must be reported to Publisher within ten (10) days of the Charge. Failure to report such discrepancy, dispute, or disagreement in writing within such time limits shall constitute a waiver of all claims by Advertiser/Agency arising out of or related to such discrepancy, dispute, or disagreement.

 

7. PERSONAL GUARANTY. In consideration for credit extended and/or services performed by Publisher to Advertiser/Agency, the authorized signatory of this Agreement for Advertiser/Agency hereby agrees to be held as Personal Guarantor, intending to be legally bound, to guarantee the payment of the Advertiser/Agency’s account. This is a continuing guarantee, and this Personal Guarantee as well as the Terms and Conditions of Sale incorporated herein shall apply to all advertising and shall cover all indebtedness, including indebtedness arising under successive transactions, whether said successive transactions are specified in this Agreement or created by additional orders placed by Advertiser/ Agency that do not appear on this Agreement. Publisher may proceed against Personal Guarantor regardless of whether Advertiser/Agency are joined in such action. This obligation shall remain in effect and shall apply to all transactions notwithstanding any change in the composition of the application and shall be jointly and severally binding on the heirs and assigns of the Personal Guarantor.

 

8. GENERAL.

(a) This package has been individually designed for Advertiser/Agency and its terms may reflect rates and special payment terms with Publisher. These unique terms have been specifically extended to Advertiser/Agency and are not to be disclosed by Advertiser/Agency to any third party. Moreover, if this Agreement is breached, Publisher may sustain substantial harm and may, in addition to any other damages, charge Advertiser/Agency for all products at Publisher’s open rates in effect at the time of the breach.

(b) The submission of any advertising or other product to material to Publisher, or participation in an event with Publisher (as approvable), constitutes acceptance of these Terms and Conditions of Sale notwithstanding any inconsistent language contained in insertion orders submitted by Advertiser/Agency. Publisher does not accept disclaimers, nor will Publisher be bound by any terms or conditions of any notice whatsoever appearing on order blanks, copy instructions, material instructions or insertion orders submitted by Advertiser/Agency when such terms or conditions conflict with any provision contained within these Terms and Conditions of Sale or within the Publisher’s current Rate Card. The terms and conditions of such Rate Card are incorporated herein by reference.

(c) This Agreement may not be assigned or transferred without first obtaining Publisher’s written consent, nor may Publisher be required to publish, display, transmit or sponsor hereunder for the benefit of any Advertiser/Agency other than those named on the face of this Agreement.

(d) In the event of a breach by Publisher, Advertiser/Agency’s exclusive remedy therefore shall be a credit for substituted advertising time of equal value, and in no event shall Publisher be liable for any speculative, consequential, incidental, punitive, or monetary damages of any type.

(e) A waiver by either party of any default or breach shall not be considered as a waiver of any subsequent default or breach of the same or any other provision of this Agreement.

(f) Advertiser/Agency agrees to comply with all applicable laws and Publisher’s Privacy Policy as published on its website.

(g) This Agreement shall be governed and construed in accordance with the laws of the State of Georgia. The parties hereby consent to the jurisdiction and venue of the state or federal courts in Fulton County, Georgia, including, but not limited to, actions to collect amounts due for advertising.

(h) Purchase of any advertising does not guarantee results. For Publisher’s digital and electronic products (e.g., Websites, E-mails, Apps, Third Party Services), this includes (but is not limited to) a disclaimer of warranty regarding a specific number of e-mails delivered or opened, CPMs, or Website or Third-Party Services views/followers/likes/reposts/etc. For events, this includes a disclaimer of warranty regarding a number of attendees to an event.

(i) If it becomes necessary for Publisher to place Advertiser/Agency’s account with an attorney or collection agency for the purpose of enforcing its rights hereunder, Advertiser/Agency shall be liable to Publisher for reasonable attorneys’ fees, costs, and expenses. In the event litigation is necessary to resolve a dispute between the parties under this Agreement, the prevailing party will be entitled to recover all costs and expenses, including reasonable attorney’s fees, from the other party.

(j) All notices hereunder shall be directed to DML’s corporate office at 3414 Peachtree Road NE, Suite 480, Atlanta, GA 30326 with a copy by email to aherd@modernluxury.com in writing and delivered by hand or registered or certified mail and shall be deemed given when delivered in person or, if mailed, on the fifth business day after the date of the mailing. Any notice hereunder shall be sufficient if given to either Advertiser or Agency.

(k) If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, such adjudication shall not affect the validity or enforceability of any other provision of this Agreement.

(l) The provisions hereof constitute the entire Agreement between the parties and supersede any and all other transactions, negotiations, or representations whatsoever as to the broadcast or announcements, or the parties’ rights and obligations hereunder, and shall not be modified except in writing.

(m) Each of the parties hereto represents and warrants that it has full right and power to enter into this Agreement, to perform all obligations to be performed by it hereunder, and to grant all rights hereunder granted without violating the legal or equitable rights of any other person or entity, and that the execution and performance of this Agreement will not conflict with or result in a breach of or default under any of the terms or conditions of any Agreement to which either party has agreed, or is a party, or may be bound.

(n) Nothing contained in this Agreement shall be deemed or construed to place the parties in the relationship of partners, joint venturers, principal-agents, or employer-employee, it being understood that the parties hereto are and will remain independent contractors in all respects and neither party shall have any right to obligate or bind the other in any manner whatsoever.

(o) If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be void or unenforceable, whether at law or in equity, such determination shall in no way affect any other provision of this Agreement, or the validity or enforce-ability of this Agreement.

 

9. ADDITIONAL TERMS GOVERNING CERTAIN PURCHASES.

I. DIGITAL PRODUCTS. If this Agreement relates to the purchase of Digital Products, the following additional terms and conditions shall apply:

(a) For all Digital products (e.g., Digital Edition, Website, E-mail, Video, Apps, Luxury Suite, Social Media), the following additional terms apply:

(b) Advertiser/Agency compliance with all applicable laws shall include, but not be limited to, the CAN-SPAM Act. Advertiser/Agency further agrees that it will not act in any manner that violates the FTC Endorsement Guides or place Publisher at risk of violation of the same.

(c) Advertiser/Agency is solely responsible to ensure that its Email Service Provider (ESP) permits it to use and distribute communications using third-party email lists. Advertiser/Agency understands that certain ESPs do not permit such communications and may terminate services or issue other penalties under the ESPs’ terms of use.

(d) As part of Advertiser’s deliverables for Luxury Suite products, Advertiser/Agency may receive a list of e-mail addresses, home addresses and/ or telephone numbers (“Contact Information”) commonly referred to as “warm leads.” The Contact Information is provided by our third party contracted entity that has received and verified “opt ins.” You also may receive a list of Contact Information commonly referred to as “hot leads.” The Contact Information is entered into Internet forms by individuals.

(e) Advertiser/Agency agrees that it will not generate, manipulate or otherwise produce or induce fraudulent clicks, impressions or transactions, including but not limited to using scripts, spyware, robots or other automated tools and/or computer-generated requests.

(f) Advertiser/Agency is responsible for providing a Website listing ready to be posted and in full compliance with Publisher’s mechanical requirements.

(g) Any requested adjustment to display/publication dates of Digital items is at the discretion of Publisher and subject to availability. Any contracted Digital item that has been requested to be moved by Advertiser/Agency 3 times or is unused by Advertiser/Agency due to lack of timely materials, approval and/or response by Advertiser, within 1 year from the date of the Agreement, will be deemed satisfied or completed under this Agreement.

(h) Unless otherwise agreed in writing by Publisher, Advertiser/Agency may request that their Website listing appear in up to four (4) categories. However, placement in categories is ultimately subject to Publisher’s sole discretion.

(i) Publisher reserves the right to cancel publication of, recall, or remove any Digital Products that Publisher reasonably believes in its sole discretion to (1) be in breach of this Agreement; or (2) violate any applicable laws. Notwithstanding the foregoing, Advertiser/Agency agrees to defend, indemnify and hold Publisher harmless from and against all claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising out of Advertiser/ Agency’s breach of this Agreement. The indemnification obligations hereunder shall survive termination or expiration of this Agreement.

II. EVENTS. The following additional terms and conditions shall apply to Event(s) purchases and sponsorships by Advertiser/Agency:

(a) Responsibilities. Advertiser/Agency acknowledges that, unless separately agreed with Publisher, Advertiser/Agency will be responsible for securing all permits, licenses, and insurance necessary to hold the Event(s); providing proper staffing for all Event activities, including but not limited to securing vendors, concessionaires, and security; and ensuring that all vendors are properly licensed and insured.

(b) Laws, Regulations and Ordinances. Each party hereto shall comply with all applicable laws, ordinances and regulations in performing its responsibilities under this Agreement with respect to the Event(s). This includes but is not limited to, any regulations applying to the party regarding COVID-19.

(c) Indemnification. Each party agrees to defend, indemnify and hold the other party harmless from and against all claims, damages, injuries, illness, liabilities and expenses (including reasonable attorney’s fees) arising out of its own obligations under or breach of this Agreement or the negligent or willful acts or omissions of said party, its employees, agents and contractors/subcontractors the indemnifying party hires in performing its responsibilities under this Agreement. The indemnification obligations hereunder shall survive termination or expiration of this Agreement.

(d) Insurance. Each party agrees to carry and maintain in full force and effect during the term of this Agreement: (i) general commercial liability insurance, including liquor liability coverage if serving alcoholic beverages, in the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate (such coverage may be provided by the caterer hired by Advertiser/Agency, if applicable); (ii) automobile insurance in the amount of $1,000,000 covering all owned, non-owned, and hired vehicles; (iii) workers’ compensation insurance, as required by law; and (iv) all such other insurance that may be required by the Event venue(s), vendors, and their respective property owners. Advertiser/Agency agrees to provide Publisher with a certificate of insurance evidencing the coverages required hereunder and naming DM Luxury, LLC and its parent and subsidiaries companies as additional insured with respect to the foregoing insurance policies prior to the Event. Advertiser/Agency acknowledges they may be required to provide additional indemnification and insurance documentation to Venue owners and/or Governmental Agencies as a condition of participating in an event. Publisher will notify Advertiser/Agency in writing concerning requirements of Venue owners and/or Governmental Agencies (if any).

 

SUBSCRIPTION MEMBERSHIPS AND SPECIAL PACKAGES.

The following additional terms and conditions shall apply to Subscription Memberships or Special Packages (including but not limited to, Stimulus Plans, Weddings Plans, or Memberships) purchased by Advertiser/Agency.

(a) As a Subscription Member, Advertiser/Agency will receive access to certain Services at discounted rates that are not available to non-members. Subscription Memberships are generally an annual contract (or such other time period as specified in the Order), payable in monthly installments.

(b) Subscription memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

(c) Advertiser/Agency acknowledges and agrees that Modern Luxury is authorized to charge the same credit card that was used for the initial subscription fee and/or any subsequent credit card provided by Advertiser/Agency (“Payment Method”) for all installments and until successful for all delinquent amounts owed to Modern Luxury. Advertiser/Agency agrees to promptly notify Modern Luxury of any changes to the Payment Method that Advertiser/Agency provided while any subscriptions remain outstanding. Advertiser/Agency is responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by Advertiser/Agency.

(d) If Subscription Memberships are cancelled before the end of the commitment period, Advertiser/Agency agrees to be charged for (1) all services rendered at Modern Luxury’s then-published, non-discounted rate, or (2) the remaining amount owed under the Subscription Membership contract to complete the annual commitment, whichever is lower.

(e) Modern Luxury reserves the right to change its subscription plans (including but not limited to, substituting items for others of reasonably equivalent value, due to availability, healthy/safety or other reasons) or adjust pricing for its service or any components thereof in any manner and at any time, all as it may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these terms, any price changes or changes to Advertiser/Agency’s subscription plan will take effect following notice to Advertiser/Agency.