Sky Sport 1 Sky Advertising Sky Sport 2 4 TELEVISION BOOKING/ Sky Sport 3 MOVEMENT POLICY Sky Sport 4 4.1 Bookings moved within 14 days TLC before transmission incur a 100% Advertising Terms Vibe cancellation fee. Bookings moved within the period of 15 to 28 days and Conditions BBC Earth from transmission, so that they are BBC UKTV more than 28 days from Cartoon Network 1 AGREEMENT transmission, incur a 100% E! Entertainment cancellation fee. 1.1 Sky agrees to allocate advertising Food Network 4.2 Bookings may be moved only once time, and the Advertiser and/or HISTORY within a 28 day period or will incur a Agency agrees to advertise products Living Channel 100% cancellation fee. or services on Sky’s television Sky Movies Action 4.3 Moving or amending bookings within channels, or in SKYWATCH on the Sky Movies Pop-ups (SD & HD) a Special Event or Pack will be at the terms and conditions set out below National Geographic sole discretion of Sky (subject to the ("Terms"). These Terms are part of Nickelodeon Special Terms, if any). If the booking all contracts between Sky and any Sky BOX SETS is moved or amended, it will be Advertiser and between Sky and any Sky News rebooked at the current rate as Agency. Any terms or conditions Sky Sport 5 applied to the new placement and inconsistent with these Terms will Sky Sport 6 new discounts applied (and if moved not apply to any such contracts Sky Sport 8 or amended after the booking unless expressly agreed to by Sky. Sky Sport 9 deadline, may be subject to a 1.2 These Terms apply to all advertising SoHo cancellation fee). broadcast on Sky’s television SoHo2 4.4 Bookings moved outside a specified channels (each a "television Vice period, where a volume airtime commercial"), and published in agreement is in place between Sky SKYWATCH (each a "SKYWATCH 3 CANCELLATION POLICY and the Agency or Advertiser for the advertisement"). 3.1 Orders placed for Advertising may placement of television commercials 1.3 Every Agency must ensure that not be cancelled by the Advertiser or in a particular time period, incur a every Advertiser for which the Agency other than in accordance 100% cancellation fee unless Agency places Advertising is made with these Terms. otherwise specified in the volume aware of, given a copy of, and 3.2 For television commercials, airtime agreement. complies at all times with, these cancellations within 28 days of 4.5 If a programme has been replaced Terms. transmission incur a 100% by Sky and designated part of a 1.4 Advertisers that do not book through cancellation fee. Cancellations Special Event or Pack then existing an Agency must apply for and between 8 weeks and 29 days prior bookings may be moved by Sky to establish a Sky credit account in to transmission incur a 20% an alternative placement as close to accordance with Sky's Credit Terms cancellation fee. the original date and time as before Sky will accept any bookings 3.3 The terms for cancellations of possible and/or reallocated to an for television commercials or for Advertising scheduled within a appropriate alternative placement of SKYWATCH advertisements. Sky Special Event or Pack (including the equivalent value. may cancel the Advertiser's credit ability to cancel), will be at the sole 4.6 Where booking durations are: (i) account without notice where Sky discretion of Sky, subject to the extended, the entire duration will be has not provided any Advertising to Special Terms, if any. A specified booked at a revised rate; or (ii) the Advertiser through that credit cancellation fee may apply, or the reduced, the entire duration will be account for a period of 2 years or Special Event or Pack may be booked at a revised rate. more. deemed non-cancellable. 1.5 These Terms may be amended at 3.4 Any requests for cancellations and 5 CHANGE OF AGENCY any time by Sky without notice to amendments must be in writing. Advertisers or Agencies. The most 5.1 Agencies changing name, 3.5 Sky reserves the right and without current version of these Terms will Advertisers changing Agencies or prior notice to the Advertiser and/or be posted on Sky Advertising’s engaging an additional Agency, or Agency to cancel, postpone, move website. Advertisers otherwise ceasing to use or reschedule any television a particular Agency's services programme or article in 2 CHANNELS AVAILABLE FOR ("agency changes") must be SKYWATCH. Where this occurs, ADVERTISING PLACEMENT advised to Sky in writing in advance, Sky will endeavour to replace any stating the products or services 2.1 The following Sky channels are affected Advertisement as close to involved. available for placement of television the original date and time as 5.2 Sky will action agency changes to commercials within certain dayparts: possible and/or reallocate the commence the following month Prime Advertisement to an appropriate where the commencement of the Comedy Central alternative placement of equivalent following month is no less than 10 Crime + Investigation value. This constitutes the working days from the date of Discovery Channel Advertiser’s sole remedy. notification. Discovery Turbo 3.6 No Advertisement placement may 5.3 Agency changes cannot be JONES! be transferred, on-sold or booked or implemented for a partial month. JONES! too held for resale. Sky may cancel 5.4 Upon any agency change, the MTV without notice any Advertisement Advertiser must fulfill all obligations it Sky 5 placement that has been transferred or the previous Agency has to Sky Sky Movies Extra or resold to any third party by an pursuant to any agreements or Sky Movies Family Advertiser or Agency. arrangements entered into with Sky Sky Movies Greats by the previous Agency on the Sky Movies Premiere Advertiser's behalf. The Advertiser
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will continue to be jointly and (b) Charge interest on any unpaid objective. In such circumstances severally liable pursuant to clause sums at a rate of 2% per month where: (i) the audience sample 13.11 of these Terms for the until payment is made in full. size for the desired demographics obligations of the previous Agency, 9.3 Any GST or other governmental or is less than 75 in Sky Homes for notwithstanding the terms of any industry taxes, levies, imposts and the Sky channels (except Prime) arrangements between the similar amounts must be borne by and is less than 100 in National Advertiser and the previous Agency. the Advertiser or Agency. Sky’s Homes for the Prime channel; or prices are listed exclusive of GST (ii) the target objective is reviewed 6 SPONSORSHIP & COMPETITIVE unless specified otherwise. as unrealistic, then Sky will PRODUCT PLACEMENT 9.4 Sky invoices Agencies and consult with the 6.1 Sky reserves the right to adjust Advertisers on or about the end of Advertiser/Agency on a more existing bookings in order to each month, and Agencies must appropriate measure of accommodate a programme invoice Advertisers on the same performance. sponsor’s advertising or to avoid a basis. Overnight Download Files do (d) If Sky has not achieved 95% of the product conflict, at Sky's discretion. not constitute payment advice and rating objective on a guaranteed In such circumstances, bookings Sky accepts no responsibility for TARP or CPT deal, then Sky will may be moved by Sky to an Agencies billing clients based on provide Advertisers with make- appropriate alternative placement of Overnight Download Files before good airtime to achieve the target equivalent value. Sky’s invoice is issued at month end. level. Performance of 95% of 6.2 Sky endeavours to make sure that target or above will not require a an Advertiser’s television 10 SKY RATES make-good. commercial is not telecast within 10.1 Sky reserves the right to change its (e) Make-good airtime is subject to close proximity of a competitor but rates at any time without notice. availability and will be placed at accepts no liability if for any reason 10.2 Television commercial time is sold in Sky’s discretion. there is such proximity of competing standard units of 15, 30 and 60 (f) Sky may, in its sole discretion, products. seconds. Other lengths are subject remove airtime from any future to approval and contingent on bookings in which a guaranteed 7 DISCOUNTS specific channel placement. For TARP or CPT deal is in place, due 7.1 Any applied discounts are at the sole standard programming, each unit is to the over performance of discretion of Sky and may only be sold at Sky’s duration loading of the recently telecast bookings. Sky valid for select placements or time 30 second rate. Special Events or will notify the Advertiser/Agency of periods negotiated at the time of Packs may be costed in multiples of this. booking. the 30 second rate or as detailed at (g) Where Sky shares the onus of 7.2 Sky retains sole discretion to the time of release. responsibility for the under- determine whether a discount performance of any guaranteed should apply or continue to apply in 11 TERMS AND CONDITIONS FOR TARP or CPT deal with the situations where Advertisers SKYWATCH MAGAZINE Advertiser/Agency, then at Sky’s undergo change of name, ownership 11.1 In relation to SKYWATCH discretion, an alternative or control. advertisements: appropriate and mutually agreed (a) The booking deadline for remedy may be instigated in 8 BREAK POSITIONING SKYWATCH advertisements is consultation with the Advertiser/Agency. 8.1 For television commercials: available on request.. (h) Specific Sky booking (a) Fixed Break Positioning within a (b) A cancellation fee of 100% is arrangements such as programme or break will be charged for bookings cancelled guaranteed TARP or CPT deals charged extra at Sky’s discretion within six working weeks will be subject to additional terms and at no less than an additional preceding date of publication. and conditions, as agreed. 10% of the negotiated value of the (c) The sizes of SKYWATCH
programme rate or as an agreed advertisements are Full Page or 13 GENERAL premium on the negotiated CPT. Double Page Spread. A maximum (b) Premiums for specially created of 3 inserts per issue is available. 13.1 Availability, commission: All breaks will be charged extra at (d) Ratecard and discount structure is placements are sold subject to Sky’s discretion at no less than the available on application and is at availability, and inclusive of Agency highest rate of the corresponding the sole discretion of Sky. commission. programme at the appropriate (e) Full material specifications for 13.2 Exclusivity: Bookings do not duration loading plus 50%. SKYWATCH advertisements are include exclusivity unless otherwise available on request. expressly agreed. 9 TERMS OF PAYMENT 13.3 Deadlines: TV Commercial Material and all other Advertisements must 9.1 Payment for Advertising must be 12 TERMS FOR SPECIFIC SKY be finalised and delivered to Sky at made by the last working day of the BOOKING ARRANGEMENTS the Advertiser’s or Agency’s sole month following invoicing. All 12.1 In relation to television commercials: expense in accordance with the payments due to Sky for Advertising, (a) Sky predicts ratings based on terms of the Deadlines and Approval or otherwise in connection with these actual past performance but is not Document (which terms are Terms, must be made in New liable for variations in actual incorporated into these Terms). Zealand dollars unless otherwise ratings. 13.4 CAB Approval: Sky will not telecast agreed in writing by Sky prior to the (b) All performance measurements television commercials that have not due date for payment. are based on consolidated ratings been approved and assigned a 9.2 If payment of any invoice is not i.e. all ratings within a seven day rating by CAB. For full details on received by Sky in accordance with period from the initial broadcast. CAB terms and deadlines refer to clause 9.1, Sky may: (c) For guaranteed TARP or CPT www.commercialapprovals.co.nz or (a) Immediately and without notice deals for audience demographics phone 0064 9 373 2907. suspend or cancel all Advertising outside of Sky’s designated core 13.5 Compliance with Law and other orders of the relevant Advertiser trading demographics, both Sky specifications: or Agency; and and the Advertiser/Agency must agree to the target and the ratings Advertisers/Agencies must ensure
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that any Advertising submitted to liable (either in contract, tort and SKYWATCH Deadlines and Sky does not contain any false claim (including negligence) or otherwise) Approval document in effect from for a product or service, does not for any errors in content or incorrect time to time and posted on the infringe the copyrights or other rights appearance of any advertisements www.skyadvertising.tv website, or of any person, contain any or for any other reason in connection available upon request. defamatory matter, and conforms with these Terms for any direct, 14.4 "Fixed Break Positioning" means, with all applicable advertising codes indirect, special or consequential in relation to a TV commercial, of practice (including the Advertising loss, cost, damage or expense either: Standards Authority Codes of suffered by any Advertiser, Agency (a) positioning the commercial at the Practice), any standards advised by or any other person. start or end of a break in a Sky from time to time, and all 13.11 Joint and several liability: Each programme; or relevant legislation (including the Agency shall be jointly and severally (b) positioning the commercial in a Fair Trading Act). liable for any obligations of fixed position within a programme. Advertisers/Agencies must also Advertisers for whom that Agency 14.5 "Holiday Period" means any public ensure that any Advertisements places advertisements with Sky. holiday in New Zealand or any other submitted to Sky: (i) are free from Each Advertiser shall be jointly and day or period nominated by Sky as a defects and viruses; (ii) do not severally liable for any obligations of holiday. contain any tracking mechanisms an Agency that place 14.6 "Overnight Download Files" (including cookies or ad tags); and advertisements with Sky for that means the invoicing information files (iii) comply with all other Sky Advertiser. sent electronically by Sky to technical requirements (including as 13.12 No assignment: No Agency or Agencies’ financial systems. set out in the Deadlines and Advertiser is entitled to assign, 14.7 "Pack" or "Special Event" means a Approvals Document). transmit, sublease or otherwise one-off or series of sporting or other 13.6 Sky's right to refuse: transfer any rights or obligations events scheduled to show on Sky’s Notwithstanding any prior approval relating to these Terms without Sky’s television channels designated by by CAB (where relevant) or Sky, Sky prior written consent. Sky in its sole discretion to be a Pack reserves the right to refuse to 13.13 No waiver: Neither party will be or Special Event. publish/transmit any Advertising at deemed to have waived any right 14.8 "Special Terms" means any special any time (whether before or after first under these Terms unless the waiver terms that apply to a Special Event publication/transmission) without the is in writing and signed by that party. or Pack which are detailed by Sky at need to give any reason or prior A failure to exercise or delay in the time the Special Event or Pack is notice to the Advertiser or Agency. exercising any right under these released. 13.7 Indemnity: The Advertiser and/or Terms will not operate as a waiver of 14.9 "Terms" means these Advertising Agency agree to indemnify Sky that right. Any such waiver will not Terms and Conditions in effect from against all actions, claims, damages constitute a waiver of any time to time and posted on the and costs (including legal fees on a subsequent or continuing right or of http://www.skyadvertising.tv website solicitor-client basis) incurred arising any other provision in these Terms. or available upon request. directly or indirectly in respect of any 13.14 Severability: Any unlawful or 14.10 "TV Commercial Material" means Advertising placed at the request of voidable provision in these Terms the television commercial provided the Advertiser or Agency (including shall be read down so as to be valid by the Advertiser to Sky for any costs of correction or and enforceable or, if it cannot be telecasting on Sky's channels. amendment to any Advertising). read down, will be severed from 13.8 Filler: Sky may use the Advertiser's these Terms without affecting the TV Commercial Materials to fill any validity, legality or enforceability of commercial breaks that are unsold at the remaining provisions, provided the time of transmission on any of the reading down or severing does the channels listed in clause 2.1, at not materially affect the purpose of Sky's discretion and without or frustrate these Terms. additional charge to the Advertiser. 13.15 Governing law and jurisdiction: 13.9 No refunds: In no event shall Sky These Terms are governed by New be required to refund any fee Zealand law and the courts of New charged for any Advertising. The Zealand shall have non-exclusive sole remedies available to jurisdiction in any proceedings Advertisers and Agencies in the relating to them. event of any errors or failure to 13.16 Confidentiality: All Agencies and telecast or publish any Advertisers agree to keep all details Advertisements are a credit on future surrounding these Terms, and all invoices or the placement of advertising arrangements with Sky, Advertisements in a future slot, strictly confidential. unless otherwise agreed by Sky in writing. 14 DEFINITIONS 13.10 No warranties: Sky will use all In these Terms: reasonable endeavours to 14.1 "Advertiser" means any person transmit/publish Advertisements. All booking advertising on Sky's warranties and guarantees that may television channels or in be implied by law (including under SKYWATCH Magazine. the Sale of Goods Act and 14.2 "Agency" means any person or Consumer Guarantees Act) are organisation who acts on behalf of hereby excluded, it being an Advertiser to have that acknowledged that the Advertisers Advertiser’s products or services and Agencies are acquiring services advertised on Sky’s television from Sky for the purposes of a channels or in SKYWATCH. business. Subject to clauses 3.6, 14.3 "Deadlines and Approvals 12.1(c) and 13.10, Sky will not be Document" means TV Commercial
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no later than 3 "working" days prior Material delivered outside of our Sky Advertising to the first transmission date. This standard deadlines is at the deadline will differ in the event of public advertisers own risk, and Sky holidays. reserves the right to reschedule or TV Commercial Material cancel any television commercial and SKYWATCH 3.2 All material instructions are to be placements where the relevant TV emailed to your Traffic Co-ordinator: Commercial Material is not received Deadlines & Approval [email protected] (or to individual email on time. address of your Traffic co-ordinator). These should be provided by product 7. DELIVERY OF SKYWATCH 1. MATERIAL INSTRUCTIONS name as either: ADVERTISEMENTS o A list of individual spots 1.1 Sky accepts no responsibility for: (including spot numbers) with the SKYWATCH advertisements must be (a) Inability to telecast/publish any relevant key numbers beside delivered to Sky in an acceptable manner Advertising due to the Advertiser's each, or and format and in accordance with Sky's or Agency's failure to deliver the TV o The date range the relevant key technical specifications (as notified by Sky Commercial Material or Advertising, numbers should be applied to. from time to time). SKYWATCH or any non compliance with the advertisements must be received by Sky in instructions set out this document or At the time of providing material a timely manner. For exact deadline and in Sky’s Advertising Terms and instructions, please advise Sky of delivery dates, contact your Sky Advertising Conditions; or the method of TV Commercial Business Director. (b) Incorrect material telecast/published Material delivery (Adstream, Peach if instructions are not received in Video (IMD Cloud)) along with Full specifications for SKYWATCH written form, or are received later expected delivery date and time. advertisements are available from Sky on than as specified. request. 1.2 TV Commercial Material amendments received later than specified will not be 4. CAB APPROVAL The form and content of SKYWATCH accommodated except (where advertisements is subject to Sky's prior practicable and at the Advertiser’s cost) 4.1 Sky does not telecast any television approval and Sky reserves the right to reject where there are serious legal commercials that have not been SKYWATCH advertisements as set out in implications for the Advertiser and/or approved by CAB (Commercial clause 13.6 of the Advertising Terms and issues which have a direct impact on Approvals Bureau). If CAB has not Conditions. the public and are beyond the approved your television commercial Advertiser’s control. within the relevant time frame, your 1.3 Late changes will not be made for television commercial placement may modifications or enhancements to be moved to a later transmission date. graphics and/or audio. 4.2 For more info on CAB please visit their 1.4 Sky will only accept TV Commercial website Material for any one Advertiser that www.commercialapprovals.co.nz or features multiple products if one fully phone (+649) 373 2907. integrated composite commercial is scheduled for each spot bought. NB: CAB will not approve any 1.5 Sky will not accept the scheduling of advertisements that arrive at their office two or more separate television after 4pm, Friday. commercials playing back to back when one spot has been bought. In 5. LATE CHANGES particular, one spot cannot contain advertisements for two or more 5.1 Transmission logs are completed different Advertisers. ahead of time. It is appreciated if Traffic and/or your Business Director 2. Sky NETWORK CHANNELS: can be alerted of any upcoming changes to existing key numbers, 2.1 TV Commercial Material and any other durations and late arriving instructions relevant instructions for television or material, in advance. Please phone commercials on Sky channels must be to confirm receipt of instructions for at the Sky Advertising office at least 3 any changes to spots previously working days prior to transmission instructed. unless otherwise specified at Holiday Periods. 2.2 Material instructions must be sent to 6. DELIVERY OF TV COMMERCIAL the following e-mail address even if MATERIAL another person within Sky Advertising’s Department has been advised: 6.1 METHODS AVAILABLE: Adstream / Attention: Traffic Peach Video (IMD Cloud) EMAIL: [email protected] 6.2 TV Commercial Material must be delivered to Sky no later than 4pm, 3 "working" days prior to the 3. TV COMMERCIAL MATERIAL advertisement’s first transmission date. DELIVERY This deadline will differ in the event of public holidays. If material is to be 3.1 TV Commercial Material and any other delivered outside of office hours, relevant instructions for television please contact a member of our commercials must be provided to Sky Traffic team to make special arrangements. TV Commercial
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8. ACCEPTED DELIVERY METHODS FOR TV COMMERCIAL MATERIAL
CHANNEL METHOD OF DELIVERY
Sky (Panorama Rd) Adstream SD & HD: Prime Television, Sky Sport 1, Sky Sport 2, Sky Peach Video (IMD Cloud) Sport 3, Sky Sport 4, Sky Sport 5, Sky Sport 6, Sky Sport 7, Sky Sport 8, Sky Sport 9, Sky Sport News, Sky Movies Select Sky delivery option for ALL of these Premiere, Sky Movies Greats, Sky Movies Extra, Sky channels Movies, Sky Movies Family, SKY BOX SETS, SoHo, SoHo2, BBC Earth, Crime + Investigation, MTV, Comedy Central, Sky 5, Vibe, Living Channel, E!, Sky News Australia, Cartoon Network, Discovery, Discovery TURBO, TLC, National Geographic, HISTORY, JONES!, JONES! too, BBC UKTV, Nickelodeon, Food Network, Sky Movies Action, VICE
NB: For Commercial technical specifications, please refer to commercial delivery company websites Adstream or Peach Video (IMD Cloud). https://www.adstream.com/au/documentation/tv/aunz-one-delivery-specs/ https://www.peachvideo.com/en-gb/media-owners-broadcasters/
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