Terms & Conditions
RADIO – Terms and Conditions
• Added Value is subject to availability at time of booking and broadcast.
• Added Value is calculated off the investment amount, excluding VAT and based on rate card value.
• All sponsorship rates are by negotiation, and are subject to change with the issuing of revised rate cards.
• Preferred spots, requested by advertising break or hour, carry a 40% surcharge, and will be adjusted with revised rate cards. This is negotiable depending on duration of campaign.
• Live reads carry a 60% surcharge. This is negotiable depending on duration of campaign.
• All rates quoted are in respect of 30 second commercials.
• The rates for other durations are calculated as per the table on the rate card, and rounded up to the nearest Rand.
Feature Sponsorship Terms
• Consists of an Opening Billboard (OBB) and a generic spot. • All OBB’s allow for 10 words following the sponsors name.
• Live Read commercials, as part of a feature sponsorship, will carry an additional 60% surcharge.
• Subject to availability at time of booking and broadcast.
• Broadcast sequence differs according to station programming format, e.g. OBB, Feature, Generic spot.
• Programming reserves the right to change the timing and format of a sponsorship.
• Programming reserves the right to cancel certain sponsorships on Public Holidays.
• Features on Jacaranda FM are only available on full footprint including Jacaranda Regional.
• The material deadline for advertising material is 3 working days prior to broadcast.
• Material deadline on the Jacaranda FM split is 5 working days prior to broadcast.
• Mediamark accepts material on CD or via e-mail.
Acceptable format for advertising material:
a) CD or Email Format: MPEG Layer 2 Bit Rate: 256kb/s Sample Rate: 44.1kHz No Padding No ID3 TAGS
b) CD or Email Format: WAV Stereo Bit Rate: 44.1kHz
MP3 is NOT an acceptable broadcasting format
Acceptable Broadcast Language for Commercials
• East Coast Radio: English only • Gagasi FM: English and Zulu only
• Heart FM: English and Afrikaans only
• Jacaranda FM: English and Afrikaans only
• Kaya FM: English only
• Smile 90.4FM: English and Afrikaans only
Cancellation of Airtime Booked
• Cancellation must be submitted in writing to Mediamark no later than 28 days prior to broadcast, regardless of date of application.
• Failure to do so will result in a 100% cancellation penalty.
Annual Commitment Incentives
• All annual volume incentives require therecipient’s written approval.
• Should the client/agency not respond in writing within 10 working days of receipt of the incentive letter, it would be deemed accepted and implemented as proposed.
• Rates quoted exclude VAT.
• Rate card effective from 01 July 2015.
• This rate card is a gross rate card and includes agency commission, where applicable.
• This rate card is issued for the information of advertisers and advertising agencies and does not constitute an offer by Mediamark.
• Confirmation of orders placed with Mediamark will be issued to verify the commercials booked. This will be deemed correct unless written notice contrary to such confirmation is received in writing within 2 working days after the confirmation has been issued.
• Compensation for spots not flighted on a station or stations will be given in airtime. No credits will be passed.
• Station and Mediamark liability for spots not flighted and/or incorrectly flighted is limited to the value of the spots not flighted and/or incorrectly flighted.
• Airtime orders received by 30 June 2015 will qualify for rate protection until 30 September 2015. Spot and duration changes will be allowed, provided that these changes do not reduce the original spend committed.
• The advertiser or advertising practitioner indemnifies Mediamark and the stations represented by Mediamark for damages resulting from any advertisements placed on any station within Mediamark’s portfolio.
• The rates represented in this document are the sole rates applicable for the period and supersedes all previous rates.
DIGITAL – Terms and Conditions
1 The Parties
1.1 The parties to this agreement Mediamark and the party whose details are fully set out on the Insertion Order as part of this agreement hereinafter referred to as the “Advertiser”. 1.2 The Advertiser hereby acknowledges and agrees that the Advertiser will be responsible to fulfil or procure fulfillment of all its obligations as set out in this agreement and that the Advertiser will ultimately be liable to Mediamark for fulfillment of all of its obligations under this agreement.
1.3 Annexures, addendums or schedules to this agreement form an integral part hereof. If any provision in an annexure, addendum or schedule is in conflict with a provision(s) in this agreement, effect shall be given to the other provision(s) in this agreement.
2.1 For the sake of convenience and clarity, the following words shall bear the meanings assigned to them below : 2.1.1 “Advertisement(s)” means any text, graphics, image, content or any other marketing or promotional material provided by the Advertiser to Mediamark for placement within Mediamarks’ web properties as set out on the first page;
2.1.2 “Campaign(s)” means all of the advertisements that shall be placed within Mediamarks’ web properties in accordance with the details set out in this agreement collectively;
2.1.3“Insertion Order” means the document headed ”Online Advertising Agreement” and/or “IO” stipulates the details of the Advertiser and the placement of the advertisements; and 2.1.4 “This agreement” means the first page, all additional numbered pages, the terms and conditions set out herein and any annexure, schedule or addendum attached hereto.
2.1.4 “This agreement” means the rst page, all additional numbered pages, the terms and conditions set out herein and any annexure, schedule or addendum attached hereto.
3 Placement of Advertisements
3.1 Material, image and/or content, required by Mediamark to give effect to this agreement, needs to be supplied to Mediamark, in such format as Mediamark may specify, at least 3 (three) working days prior to the campaign commencing. Mediamark shall not be obliged to place any advertisement that does not satisfy its technical requirements with regards to advertising creative dimensions, le type and le size. 3.2 Mediamark will provide Advertiser with reports on advertisements placed within Mediamarks’ web properties as per Auto Campaign Frequency Reporting eld speci ed on Insertion Order.
3.3 The placing of advertisements is subject to availability of inventory. Whilst every effort will be made to serve all advertisements as indicated in this agreement, strict compliance will not always be possible and Mediamark cannot be held liable for any advertisements not placed as set out in this agreement and/or any changes in the placement of advertisements.
3.4 Mediamark reserves the right to :
3.4.1 Serve any advertising on Mediamarks’ web properties, including (without being limited to) advertising relating to competing products and/or services;
3.4.2 Change the format, layout and/or look-and-feel of Mediamarks’ web properties;
3.4.3 Include any link in the web pages within Mediamarks’ web properties that Mediamark, in its sole discretion, deems appropriate;
3.4.4 Reject any advertisement that is improper, immoral or unlawful. The client will be duly informed of such decision and allowed 48 hours to rectify the advertisement, failing which the client will remain liable for the total campaign value whilst Mediamark will not be liable to serve any advertising on such campaign until the rectified material has been received.
3.4.5 Reject any campaigns and/or advertisements that are not appropriate to Mediamark’s viewers, or in conflict with Mediamarks’ business interests. The client will be duly informed of such decision and the applicable campaign will be cancelled with immediate effect with no obligations to the client or Mediamark;
3.4.6 If material is not received timeously, Mediamark will allocate material on behalf of a charity organisation to flight until such time that material is received. The Advertiser will remain liable for full payment of the campaign.
3.5 All bookings are subject to availability on receipt of a signed Insertion Order (IO).
3.6 All bookings are subject to approval by the individual media owners.
3.7 IO’s together with all relevant creative/material must be received no less than three days before campaign starts. 3.8 If Creative/material is not supplied in the stipulated three day deadline the campaign will be charged for in full.
3.9 IO’s are subject to the Mediamark terms and conditions as set out on the Rate Card effective July 2010 and the website www.mediamark.co.za.
3.10 For purposes of audit compliance, changes cannot be accepted verbally and must be made in writing.
3.11 Agency Commission percentage to be con rmed by Mediamark Finance Department
3.12 Please note that impressions are booked on a daily basis, therefore your invoice will reflect the billing per day, for the current month only.
3.13 All campaigns shall be monitored, reported on and invoiced based on Mediamark’s inventory management system.
4 Duration & Cancellation
4.1 This agreement shall come into effect on the date when it is counter signed by an authorized representative of Mediamark (“the effective date”) and shall endure until the end date set out on the Insertion Order (unless otherwise agreed in writing), subject to the right of either party to terminate the agreement by means of twenty-eight (28) days prior written notice to such effect to the other party.
4.2 In the event of termination of this agreement for any reason whatsoever, Mediamark shall forthwith remove all advertisements that may appear on Mediamarks’ web properties in terms of this agreement.
4.3 Cancellation by the Advertiser will only be effected through the submission of a written cancellation notice, which must reach Mediamark twenty-eight (28) days before the effective date of cancellation. The Advertiser shall remain liable for all advertisements placed until the effective date of cancellation. Should the Advertiser insist on a waiver of the cancellation notice period, i.e. immediate cancellation of the campaign, Mediamark will be entitled to hundred percent (100%) of the originally booked campaign value, i.e. the full Online Advertising Agreement value will be payable.
4.4 Please note that impressions are booked on a daily basis, therefore your invoice will re ect the billing per day, for the current month only.
5.1 In consideration for the advertisements served in terms of this agreement, the Advertiser will pay Mediamark the amounts set out in this agreement
5.2 The amounts set out in this agreement are exclusive of VAT, but inclusive of agency commission, unless being explicitly reflected as being exclusive of agency commission.
5.3 Mediamark shall provide the Advertiser with a monthly VAT invoice. The amounts set out in the VAT invoice will be payable within the agreed payment period.
5.4 Mediamark shall be entitled to give the Advertiser reasonable written notice which may include an e-mail noti cation of any increase in any amount set out in this agreement.
5.5 Should the Advertiser fail to pay any amount to Mediamark by due date, Mediamark shall be entitled, in its discretion and without prejudice to any other rights which it may have in law, forthwith cancel this agreement or suspend performance of its obligations without notice to the Advertiser.
Intellectual Property Rights
6.1 The Advertiser hereby grant to Mediamark a worldwide, royalty free license to use the advertisement, Advertiser name, trademark, logo, brand name and/or domain name to the extent necessary to give effect to the provisions of this agreement.
6.2 The Advertiser hereby warrant that the Advertiser is, and at all relevant times will be, the lawful owner of the copyright of the advertisement and all the material and content provided by the Advertiser to the Web for the purposes hereof and hereby irrevocably and unconditionally indemnify Mediamark and agree to hold Mediamark harmless against any claim made by any person, howsoever arising from any infringement of copyright and/or infringement of any other intellectual property rights or other third party rights by the advertisements and/or any other material provided by the Advertiser to Mediamark.
6.3 The parties agree that, except where specifically provided otherwise in this agreement, no party shall obtain any rights of whatsoever nature in or to the intellectual property rights of the other party and that any intellectual property rights developed during the term of this agreement by Mediamark or by the parties acting jointly, shall vest exclusively in Mediamark.
6.4 The Advertiser will not be entitled to use any of Mediamark trademarks, logos, brand names, domain names or other marks without Mediamark’s prior written approval.
7 Limitation of Liability
7.1 The Advertiser acknowledge that neither Mediamark nor its respective Publishers has no knowledge of, nor in any way contributes to, nor approves the advertisement and/or any other content provided to Mediamark or its respective Publishers in terms of this agreement and that certain kinds of advertisements, content and conduct may be offensive, unlawful, in breach of codes of conduct binding on Mediamark, violations of legislation, violations of the common law generally or violations of the requirements or rules of any regulatory authority and that certain kinds of advertisements, content and conduct may cause harm to the name, goodwill and reputation of Mediamark or its respective Publishers. The Advertiser therefore agrees that Mediamark or its respective Publishers may, without derogating from any other rights that it may have, terminate this agreement with immediate effect and without notice to the Advertiser, should Mediamark or its respective Publishers, in their sole discretion, be of the opinion that the Advertisers’ advertisement and/or any of the content accessible via link from the advertisement or any conduct within the website accessible via a link from the advertisement is offensive, unlawful or harmful.
7.2 The Advertiser agrees that nothing that Mediamark does in the exercising of its rights or the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Mediamark for the advertisement and/or the content accessible via a link from the advertisement and/or the conduct carried on the website accessible via a link from the advertisement.
7.3 The Advertiser hereby warrant to and in favour of Mediamark that the performance by Mediamark of its obligations under this agreement will not result in the breach of any applicable law or any third party rights and the Advertiser hereby irrevocably and unconditionally indemnify Mediamark and agree to hold Mediamark harmless from and against any loss, costs, damages and/or claims suffered or incurred by or instituted against Mediamark as a result of a breach of this warranty.
7.4 Nothing herein or that Mediamark does in performance of its obligations in terms hereof, shall be interpreted so as to give Advertiser any form of entitlement in respect of Mediamark’s web properties, other than as provided for herein.
7.5 Notwithstanding any other provision under this agreement, neither party shall be liable to the other party for any indirect and/or consequential damages directly or indirectly resulting from (relating to) this agreement in any manner whatsoever.
Notwithstanding termination of this agreement, the parties agree to 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 con dential 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 confdential information to any other person and shall take all such steps as may be reasonably required to prevent con dential information falling into the hands of unauthorised persons.