General Sales Terms Advertising, Sponsorship and Digital Technology
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General Sales Terms Advertising, sponsorship and digital technology La télé change. La pub aussi. Advertising CGV [General Sales Terms] on France Télévisions and theme-based channels ............................ P. 03 Contents Sponsorship CGV on France Télévisions and theme-based channels .............................. P. 18 Digital technology CGV ........................................................................................................ P. 33 campaign 2018 Advertising Advertising General Sales Sponsorship Terms Sponsorship on France Télévisions and theme-based channels Digital Technology Digital Technology Digital Technology Digital Technology campaign 2018 3 Advertising Spaces General Sales Terms ON FRANCE 2, FRANCE 3 NATIONAL, FRANCE 3 RÉGIONS, FRANCE 4, FRANCE 5, Advertising FRANCE Ô AND THEME-BASED CHANNELS Applicable to advertising messages broadcast between 1 January 2018 and 31 December 2018 1. The present terms (hereinafter the "General Sales Terms") are applicable following meanings: to the sale of Advertising Space broadcast on: "Purchaser": all Advertisers or Representatives acting in the Ad- vertiser's name and on its behalf, under a written mandate contract, France Télévisions Channels : France 2, the France 3 national network purchasing an Advertising Order; (hereinafter "France 3 National"), the France 3 regional network (he- "Advertising Order" or "Order": the agreement for the broadcast of reinafter "France 3 Régions"), France 4, France 5, France Ô; an advertising message, which France Télévisions Publicité and the Sponsorship Purchaser have reached in accordance with the requests for reserva- theme-based channels: 13ème Rue, Boing, Boomerang (Boomerang+ 1), tions made by the latter, and accepted by France Télévisions Publicité, Cartoon Network, E! Entertainment, France 24 (signal France), Melody, bearing in mind the availabilities of its schedule, and concluded in Nolife, National Geographic Channel, Nat Geo Wild, Syfy, Trace Urban, accordance herewith. TV5 monde "FBS", Vivolta, Voyage and Warner TV (hereinafter the The elements constituting the Order are the Medium, the advertising slot "Theme-based Channels"*); in question (broadcast date and "slot title"), the duration of the message, the sector code to which the promoted product or service relates, the for which France Télévisions Publicité, a joint-stock company, with capital of 38,100 Euros, having its registered office at Boulogne-Billancourt (92641) 64-70 avenue Jean-Baptiste Initial Price subject to application of the commercial sales terms, and Clément, SIREN 332 050 038 Nanterre Trade and Companies Register, undertakes the the preferential position purchased in the advertising slot in question. exclusive advertising management, and is solely authorised to receive the Advertising Orders. Performance of the Advertising Order consists of the broadcast of the * or any other name which Theme-Based Channels may adopt subsequently. This list may change at any time. message provided by the Advertiser in the position reserved to this end, in accordance with the present General Sales Terms; 2. France 2, France 3 National, France 3 Régions, France 4, France 5, France "Sector Code": the eight-figure code consisting of the family number, Ô and the Theme-Based Channels are called hereinafter "the media" or class number, sector number and variety number allowing the product Digital Technology "the medium", each in respect of itself. or service which the Purchaser wishes to promote to be associated with a variety of product or service in the table "sector codes nomenclature", Under the present General Sales Terms the following terms have the published by France Télévisions Publicité; campaign 2018 4 "Advertiser": the natural person or legal entity on behalf of which the rations, or to digital Advertising Spaces which are covered by specific advertising message is broadcast; General Sales Terms. "Representative": all agencies or intermediaries acting in an Adver- tiser's name and on its behalf, duly authorised by a written contract. Advertising PURCHASE THROUGH A REPRESENTATIVE 3. The present General Sales Terms are applicable to all Adverti- sing Orders performed from 1 January 2018 to 31 December 2018. 6. Advertising Orders can be concluded directly by the Advertiser or, in its Only the version published on France Télévisions Publicité's web- name and on its behalf, through a Representative. site, accessible at the URL "http://www.francetvpub.fr", is authoritative. Publication of the General Sales Terms on any other medium is done only All purchases of advertising space by an intermediary are made under a for information. mandate contract, by the effect of which the Representative represents the Advertiser with France Télévisions Publicité, the contractual obli- France Télévisions Publicité reserves the right to modify the stipulations gations being established directly between the Advertiser and France of the present General Sales Terms at any time, with the understanding Télévisions Publicité. that the modifications shall be applicable only from the time when they are The Advertiser declares the existence of the mandate of its Represen- published on France Télévisions Publicité's website. If the General Sales tative by giving France Télévisions Publicité the mandate declaration in Terms are modified, Orders validly concluded before the said modifications accordance with the template published by France Télévisions Publicité Sponsorship shall continue to have effect until their term. for a calendar year. 4. Conclusion of an Advertising Order by the Purchaser implies acceptance of In the case of multiple mandates the intermediary must in all cases observe the present General Sales Terms, of the practices and regulations relating the principle of separate management of the accounts for each Advertiser. to television advertising, and to the advertising ethical rules applicable in the media's broadcast area, as these follow from the consolidated An Advertiser which directs an intermediary for the purposes of passing code of the International Chamber of Commerce, from the ethical rules of its Orders undertakes not to intervene simultaneously with its Repre- the Autorité de Régulation Professionnelle de la Publicité [Professional sentative in passing, confirming, modifying or cancelling Orders, unless Advertising Regulation Authority] (called hereinafter "ARPP"), and from a written exemption has expressly been granted beforehand by France the opinions of the Advertising Ethics Panel. Télévisions Publicité. It is stipulated hereby that all other documents of any kind whatsoever, The Advertiser undertakes to inform France Télévisions Publicité of any sent to France Télévisions Publicité by the Purchaser, making reference modification relative to the mandate which it has given its Representative, to its own trade terms, shall be for information only, shall not imply any without delay, by registered letter with acknowledgement of receipt. acceptance of the said terms by France Télévisions Publicité, and shall Digital Technology not be binding on it. Under the present General Sales Terms the stipulations relative to the Representative apply, if applicable, to the Sub-Representative. Charac- 5. The present General Sales Terms shall not apply to sponsorship ope- teristics of the orders. campaign 2018 5 7. Each Advertising Order is strictly personal to the Advertiser. It may under times of the advertising messages, which the Purchaser acknowledges no circumstances be transferred in any form or on any basis whatsoever. and accepts. However the slot titles may be described they under no circumstances constitute an undertaking to broadcast a message at a Advertising 8. France Télévisions Publicité reserves the right to broadcast several mes- precise time. sages in a given advertising slot, whatever the Advertiser may be, relating Performance of the Order consists in broadcasting an advertising message to similar products or services or covered by the same sector code. in a given advertising slot as it is scheduled between or within the broad- casts of the media's programme schedule. Consequently, the Purchaser 9. France 2, France 3 National, France 3 Régions, France 4, France 5 and cannot claim any right to have its messages broadcast at a precise time, France Ô do not broadcast advertising messages in favour of products or any similarity or difference between the titles of slots contained in the or services relating to horoscopes, astrology, numerology, clairvoyance, Orders and a broadcast time. tarot cards, prediction products or services, or for any SMS or telephony The Purchaser may under no circumstances claim any compensation in services concerning which they consider that they do not comply with respect of the broadcast times of the advertising messages. the regulations in force. France Télévisions Publicité and the media are free to refuse to perform PURCHASING PROCEDURE an Order and/or to cancel it at any time, without payment of compensation, in particular: 11. Before any reservation request the Purchaser must send France Télé- Sponsorship when a message may damage their image or their commercial, ethical visions Publicité: or editorial interests; the "Advertiser identification sheet"; when a message may render them liable; if applicable, the "Acceptance of electronic data interchange" form, as when a message may affect the sensitivity of television viewers; published by France Télévisions Publicité, to obtain France Télévisions and also due to the