general sales terms

Transcription

general sales terms

PREMIUM DISPLAY ADVERTISING
PRICES
AND
SALES
TERMS
2013
Applicable as of 1 January 2013
www.canalplusregie.fr
- 1 - CGV Ý RÉGIE 2013 - Applicable at 1 January 2013
CONTENTS
V- GENERAL SALES TERMS – CONVENTIONAL ADVERTISING
24
1. General points
2. Reservation
3. Modifications of prices and of general sales terms
4. Cancellation; postponement
5. Payment
6. Guarantees
7. Distribution
8. Attribution of jurisdiction
VI- GENERAL SALES TERMS – SPONSORSHIP AND SPECIAL
OPERATIONS
1. General points
2. Reservation and cancellation
3. Official partners
4. Take-up of options
5. Renewal priority
6. Modifications of prices and of general sales terms
7. Allocations
8. Payment
9. Creation and use of the content of the sponsorship or of the special operation
10. Attribution of jurisdiction
32
GENERAL SALES TERMS
2013
CONVENTIONAL
ADVERTISING
SPONSORSHIP AND
SPECIAL OPERATIONS
APPLICABLE TO LINEAR TELEVISION
SERVICES
available at www.canalplusregie.fr
GENERAL SALES TERMS
CONVENTIONAL ADVERTISING
SPONSORSHIP AND SPECIAL OPERATIONS
PREAMBLE
(i) In the absence of an express provision to the contrary, these general sales terms ("the General Sales
Terms") apply to the sale of advertising spaces, to Sponsorship Operations and to Special Operations:
Of Ý, ÝDECALE, ÝSPORT, i>TELE (hereinafter "CHANNELS Ý") of which
Ý RÉGIE provides the advertising management; as such, only Ý RÉGIE is authorised to
receive requests for reservation and/or advertising orders concerning all operations for sale of
advertising space broadcast on CHANNELS Ý, firstly, and to sell Special Operations and
Sponsorship Operations concerning all programmes broadcast on CHANNELS Ý, secondly.
Of D8 and D17 (hereinafter "CHANNELS D”) of which Ý RÉGIE provides the advertising
management; as such, only Ý RÉGIE is authorised to receive requests for reservation and/or
advertising orders concerning all operations for sale of advertising space broadcast on CHANNELS D,
firstly, and to sell Special Operations and Sponsorship Operations concerning all programmes broadcast
on CHANNELS D, secondly.
Of the theme channels CINE+ CLASSIC – CINE+ CLUB – CINE+ EMOTION – CINE+ FAMIZ –
CINE+ FRISSON – CINE+ PREMIER – CINE+ STAR – COMEDIE+ - GOLF+ – INFOSPORT +JIMMY - PIWI+ - PLANETE+ - PLANETE+ NO LIMIT - SPORT+ - TELETOON+ - TELETOON+1 - TPS
STAR (hereinafter the "Theme Channels") of which Ý RÉGIE provides the management; as such,
only Ý RÉGIE is authorised to receive requests for reservation and/or advertising orders
concerning all operations for sale of advertising space broadcast on the said theme channels, firstly, and to
sell special operations and sponsorship operations concerning all programmes broadcast on these theme
channels, secondly.
(ii) Unless expressly provided to the contrary, Ý RÉGIE is hereinafter called "the Management".
(iii) Unless expressly provided to the contrary, CHANNELS Ý, CHANNELS D and the Theme
Channels are hereinafter called "the Media" or "the Medium", each in respect of itself.
(iv) The General Sales Terms are applicable to ads broadcast between 1 January 2013 and 31
December 2013.
(v) In the context of the Commercial Terms and General Sales Terms, an "advertiser" means any company
or group of companies which purchases advertising space or undertakes a Special Operation or a
Sponsorship Operation on the Medium. All companies the majority of the capital of which is directly or
indirectly held by one individual or legal entity are considered to belong to the same group.
The advertiser may purchase advertising space, undertake special operations and/or sponsorship
operations on its own behalf, or make use of an intermediary called the agent.
(vi) Under these Commercial Terms and General Sales Terms, an "agent" means any intermediary
undertaking operations to purchase advertising space and/or special operations and/or sponsorship
operations on behalf of an advertiser by virtue of a power of attorney, where the contractual obligations
are established directly between the advertiser and the 'Régie'. The advertiser declares the existence of the
mandate of its agent by presenting two copies of the letter of standing binding it to its principal according
to the templates supplied by the 'Régie' in appendix 1.
The advertiser must send the 'Régie' the letter of standing before any request for reservation of advertising
space.
Operations to purchase advertising space, special operations or sponsorship operations may be
undertaken by a sub-agent, provided the advertiser gives its express, written consent to the 'Régie'.
Every change of agent and/or sub-agent must be notified by the advertiser to the 'Régie' by registered
letter with advice of receipt as rapidly as possible. The advertiser remains liable until receipt of the said
letter and whilst awaiting a new letter of standing notifying the change of agent.
(vii) Under the Commercial Terms and General Sales Terms, a "Purchaser" is taken to mean any advertiser
and/or agent having subscribed an advertising order, a Special Operation contract or a sponsorship
contract.
(viii) Under the Commercial Terms and General Sales Terms, an "SMS (short message service)" means
every service offered by a mobile telecommunications system enabling short alphanumeric messages to be
sent or received.
I – GENERAL SALES TERMS - CONVENTIONAL
ADVERTISING
1. GENERAL POINTS
1.1. Under the Commercial Terms and General Sales Terms, an "Advertising Order" means the
agreement between the 'Régie' and the Purchaser which formalizes the sale of the advertising space and
determines its terms in accordance with the availabilities of the schedule of the Medium.
The Advertising Order gives the full effects of a contract binding the parties. This Advertising Order is
personal to the Purchaser and cannot be transferred under any circumstances.
1.2. Under the Commercial Terms and the General Sales Terms, the subscription of an Advertising Order
by a Purchaser implies its acceptance of these General Sales Terms and compliance with the laws and
regulations in force, notably governing advertising communication and audiovisual communication. The
Medium and/or the 'Régie' reserve the right to refuse or cancel at any time without payment of an
indemnity on any basis whatever any ad which they consider contrary to their publishing or commercial
interests and notably any ad which would lead to the direct or indirect promotion of a competitor of the
Medium.
1.3 The 'Régie' designates its advertising slots by means of a codification consisting of various elements
such as the planned broadcast time. These advertising slot titles, included in the price lists, the schedule
tables and the Advertising Orders are given for information purposes only, which the Purchaser
acknowledges and accepts.
Unless the programme of the Medium is changed, the 'Régie''s obligation relates solely to the broadcast
of the ads in the context of the planned slots, and does not include a broadcast time. Consequently, the
Purchaser cannot use a time change to seek either a change in the rate of the Order, or its cancellation, or
claim any indemnity on the basis of the broadcast times of the ads.
2. RESERVATION
2.1. The Purchaser must send, by EDI (Computerised Data Exchange), fax, e-mail or telephone, a request
for advertising space on the Medium, attaching to it the product form (see template in appendix 2), duly
completed, and, if applicable, the letter of standing, duly completed, in accordance with the template
attached in appendix 1.
The 'Régie' records this reservation request of the Purchaser in computerised fashion, according to the
availabilities of the schedule of the Medium, and then returns to the Purchaser an Advertising Order which
confirms all or part of the availabilities relative to the initial request; the Purchaser then subscribes this
Advertising Order by returning it signed to the 'Régie'.
2.2. The 'Régie' formally records the request for reservation of an operation to purchase advertising
space on the Medium by the Purchaser, on receipt of this request by letter, fax or email. Every reservation
request shall be equivalent to a firm and definitive offer, and irrefutable proof of the formation of a
contract for sale of advertising space subscribed by the Purchaser, subject to the stipulations of these
General Sales Terms.
The Purchaser shall inform the 'Régie' of all modifications of its reservation request without delay, and
before performance of the Advertising Orders. Failing this, the reservation modifications requested by the
Purchaser shall not be binding on the 'Régie'.
2.3. The 'Régie' enables a Purchaser making such a request to reserve advertising space, and to receive
the Advertising Order, by electronic message under an EDI contract as defined by the Association EDI
Publicité. In this case the Purchaser must sign an interchange agreement with the 'Régie'.
3. MODIFICATIONS OF PRICES AND OF GENERAL SALES TERMS
3.1. Prices and General Sales Terms applicable to the ads are those in effect on the date of broadcast of
the said ads mentioned in the Advertising Order subscribed by the Purchaser. However, the 'Régie'
reserves the option of modifying its prices and/or its General Sales Terms.
The Purchaser is informed thereof within a period of at least 14 calendar days before the date on which
these modifications come into effect.
The modifications of the General Sales Terms shall take effect from their publication on the Web site of the
'Régie' at the following address: www.canalplusregie.fr.
3.2. The Purchaser then receives a corrected Advertising Order.
It either accepts the proposed modifications and returns the corrected Advertising Order signed, with
the understanding that if the Purchaser fails to reply within eight calendar days from receipt of the
corrected Advertising Order this shall be equivalent to an acceptance on its part of this corrected
Order; consequently, the 'Régie' shall perform the corrected Advertising Order, and the Purchaser shall
be liable to pay for it.
Or it refuses the amendments in writing within 8 calendar days from receipt of the corrected Order; the
ad or ads concerned are then cancelled from the notification of this refusal, without indemnity on either
side. If the 'Régie' and the Purchaser reach an agreement concerning a new schedule, a new Order
shall be drawn up and signed.
Or it requests the 'Régie' to offer it other advertising slots in replacement for the modified slots, for a
budget equivalent to the one of the ads concerned, and exclusive of any indemnity. If the 'Régie' and
the Purchaser reach an agreement concerning a new schedule, a new Order shall be drawn up and
signed.
3.3. Moreover, exceptionally, notably due to modification of the schedules, the 'Régie' reserves the right
to modify, within a period of less than the 14 calendar days referred to in article 3.1, the price and/or the
title of one or more advertising slots, within the context of a pending campaign.
The 'Régie' shall inform the Purchaser thereof in writing, as rapidly as possible, and a corrected Advertising
Order shall be sent to it:
Either the Purchaser accepts the proposed modifications and returns the corrected Advertising Order
duly signed; the campaign then continues from the effective date of the modifications, taking account of
the latter.
If the Purchaser fails to reply within 8 calendar days from receipt of the corrected Advertising Order,
this shall be equivalent to acceptance on its part of this corrected Order; consequently, the 'Régie' shall
perform the corrected Order, and the Purchaser shall be liable to pay for it.
Or the purchaser refuses the proposed modifications; the ad/ads concerned are then cancelled from
notification of this refusal, without indemnity on either side.
Or the Purchaser requests the 'Régie' to offer it other advertising slots in replacement for the modified
slots, for a budget equivalent to the one of the ads concerned, and exclusive of any indemnity. If the
'Régie' and the Purchaser reach an agreement concerning a new schedule, a new Order shall be
drawn up and signed.
4. CANCELLATION; POSTPONEMENT
4.1. In the event of a cancellation or change of format (which is equivalent to a cancellation) of one or
more ads, the Purchaser must notify the 'Régie' in writing at the latest 31 calendar days before the
broadcast of the ad/ads concerned.
After this time the Purchaser is liable to pay the following penalties:
Cancellation between 21 and 31 calendar days before broadcast: 25% of the reserved space.
Cancellation between 14 and 20 calendar days before broadcast: 50% of the reserved space.
Cancellation fewer than 14 calendar days from the broadcast: the Purchaser is liable to pay for the
whole of the reserved space.
This space is once again made available to the 'Régie'.
4.2. Alterations to the scheduling of ads are possible up to 12 calendar days before the scheduled
broadcast date, provided the value of the ads concerned by the modification can be rescheduled in full
and simultaneously within a maximum period of 10 calendar days following the initial broadcast date of
the ad(s) concerned.
4.3. If the Medium cannot broadcast an ad on the scheduled date and position, due to the modification
of the schedules (broadcast of special programmes, changes of contexts due to news, etc.), or following
circumstances independent of its will (force majeure, strikes, broadcasting requirement, etc.), this ad may,
with the Purchaser's agreement, be postponed to a later date. If this postponement is not possible or if the
'Régie''s proposal is not accepted by the Purchaser the price of the unbroadcast ad is not due. In any
event, no indemnity may be claimed as a consequence by the Purchaser, which may not use this scheduling
modification to cancel pending campaigns.
5. PAYMENT
5.1. The communicated prices are understood to be exclusive of VAT and exclusive of any newly created
taxes or charges which might be due as a consequence of the broadcast of the ad.
They include:
Reductions and increases.
Specific discounts.
5.2. Full payment in advance, direct payment by the advertiser of the Advertising Orders, or a bank
deposit, may be required by the 'Régie' if justified by circumstances, and notably in the following
hypotheses:
Investment made by a new client. A new client is taken to mean a new Purchaser not having invested
during calendar year 2012 on the Medium.
Investment made by a Purchaser for which the 'Régie' has recorded payment incidents in the past.
Investment made by a Purchaser for which the 'Régie' has doubts concerning its solvency.
Payment in advance means that it must be made 10 working days before the first broadcast of an ad. In
this case a pro forma invoice is sent to the advertiser with, if applicable, a duplicate to the agent; the
definitive invoice is sent to the advertiser at the end of the month during which the broadcast takes place.
5.3. The broadcast invoice is drawn up each month in the advertiser's name by the 'Régie' in the name
and on behalf of the Medium. The original of this invoice is sent to the advertiser. A duplicate of the invoice
may be sent to the agent if it makes such a request. The invoice entails a rendering of the account in the
sense of article 23 of the law of 29 January 1993.
In any event, the advertiser remains the principal debtor for payment of the Advertising Order. A payment
or advance made to its agent may under no circumstances release the advertiser from its obligation
towards the 'Régie' and the Medium.
The advertiser may, at its sole liability, send a mandate to the agent to receive, in its name and on its
behalf, the value of the credits issued by the 'Régie'. Payment by the 'Régie' of the credits to the agent
releases the 'Régie' with regard to the advertiser, which bears alone the risk of subsequent default of its
agent.
The invoice is equivalent to a statement and proof of the broadcast terms of the Advertising Orders
mentioned in them.
5.4. Payment, by cheque or transfer, of the invoice relating to the sale of advertising space on Ý,
ÝDECALE and ÝSPORT is made to Société d’Edition de Canal Plus and must be made
within 30 days of the end of the month of broadcast, and at the latest on the 10th of the following month.
Payment, by cheque or transfer, of the invoice relating to the sale of advertising space on D8 is made to
DIRECT 8 and must be made within 30 days of the end of the month of broadcast, and at the latest on the
10th of the following month.
Payment, by cheque or transfer, of the invoice relating to the sale of advertising space on D17 is made to
DIRECT STAR and must be made within 30 days of the end of the month of broadcast, and at the latest on
the 10th of the following month.
Payment, by cheque or transfer, of the invoice relating to the sale of advertising space on i>TELE is made
to Ý RÉGIE and must be made within 30 days of the end of the month of broadcast, and at the
latest on the 10th of the following month.
Payment, by cheque or transfer, of the invoice relating to the sale of advertising space on the Theme
Channels is made to Ý RÉGIE and must be made within 30 days of the end of the month of
broadcast, and at the latest on the 10th of the following month.
5.5. Invoiced sums which have not been paid at the due date shall bear, without prior notice, latepayment penalties equivalent to the rate of the ECB plus ten points, according to the LME law of
4/8/2008, and the 'Régie' shall also have the option of cancelling the Order as of right, to the sole
detriment of the advertiser, without the latter being able to claim any indemnity whatever.
Late-payment penalties are payable on the day following the date of payment shown on the invoice.
In the event of non-payment, the sum of the said interest may, on the initiative of the 'Régie', be offset as of
right against the sum of the discounts granted in the invoice.
5.6. If the payment terms are not met the 'Régie' reserves the right to revise, suspend or cancel the
reductions, discounts and degressive rates set out in the price and commercial terms, and every discount
granted in invoices, and also to cancel every pending Order as of right, without indemnity. The advertiser is
then liable to pay the price of the ads already broadcast.
5.7. Concerning Channel Ý and Channel D8, every interruption of operation of the transmitters
likely to lead to an average audience loss greater than 10% may give entitlement, to the advertiser's
benefit, to reimbursement of a proportion of the price of the broadcast, calculated in terms of the lost
average audience. This reimbursement shall be calculated in proportion to the number of viewers unable
to receive the signal compared to the total number of potential viewers. This reimbursement excludes all
indemnities or compensations of any kind whatever to the advertiser's benefit.
6. GUARANTEES
6.1. Every ad must, without fail, before broadcast on the Medium, have followed the procedural and
ethical verification rules in effect. The advertiser gives the 'Régie' a guarantee to this effect.
6.2. The advertiser is responsible for obtaining and paying for all rights and authorisations required for
the broadcast of its ads. It certifies that the content of the ad does not contravene any legislative or
statutory provision and/or rights of third parties, and does not include any accusation or defamatory or
prejudicial allusion with regard to third parties.
6.3. The advertiser gives a guarantee to the Medium and the 'Régie' against all legal recourse
originating from authors, producers, designers, directors, publishers, interpretative artists and, generally, all
persons who consider themselves injured by the broadcast of the ads, on any basis whatever (including
degraded reception quality).
6.4. All broadcast ads are consequently under the responsibility of the advertiser, which bears the legal
and financial consequences of them.
6.5. In addition, the advertiser acknowledges and expressly accepts that the conclusion of an Advertising
Order gives the 'Régie' entitlement:
To reproduce, represent and, if applicable, adapt the ads submitted to it on any medium with a view to
communicating to the public on an uncharged basis, notably on the 'Régie''s websites or extranet, for as
many times as the 'Régie' desires;
To represent the said ads using all methods in use in the sector of activity, to make copies of them in
such numbers as the 'Régie' desires, with a view to communicating for a professional use and, notably,
with a view to providing advertisers and their intermediaries with information;
To broadcast the ads on the Media's Web sites, bearing in mind the complete transmission of the signal
of some of these Channels in whole or in part.
7. DISTRIBUTION
7.1. In order to be broadcast, the elements needed to broadcast the ads, as described in article 7.2
below, must be submitted to the 'Régie' at the latest 6 working days before the scheduled first broadcast
date, accompanied by the notice of the ARPP (Autorité de Régulation Professionnelle de la Publicité
[Professional Advertising Regulation Authority]), and by the film scheduling calendar, and the identification
form. After this time, payment for the broadcast(s) shall be due in full by the advertiser as though the
broadcast had taken place. The 'Régie' shall not be liable either for compensation, or interest, or any
indemnity towards the Purchaser or interested third parties.
In this hypothesis the reserved space shall once again be made available to the 'Régie'.
7.2. It is explicitly understood that the medium must be in compliance with Technical Recommendation
CST-RT-017-TV-V3.0.
7.2.1. For all the group’s channels, the Purchaser must submit the ads to the 'Régie' in the form of either
an electronic file or a 16/9 FHA Digital Beta copy for each campaign.
The specifications and list of addressees of despatches are available from the 'Régie''s Broadcast team
([email protected]).
7.2.2. Organisation of the tape
1 minute of bar test signal.
Identification of the schedule with Pub ID number
End of film followed by 30 seconds of black (with no frozen image).
Continuous and increasing LTC
First image of the first film at 10:00:00:00
It is possible to record on one tape up to twenty films for a given campaign.
7.2.3. Audio Specification in accordance with CSA Recommendations
PAD Publishers Technical Recommendation CST-RT-017-TVV.3.0.
The maximum level of the target allowed: -23LUFS
Stereo sound
7.2.4. Video Specification in accordance with PAD Publishers Technical Recommendation CST-RT017-TV-V3.0.
7.2.5. Production and delivery format of the advertising films delivered to the 'Régie':
In order to ensure the visibility of the essential elements in most cases, the 'Régie' recommends the use of
the following template, putting logos and text inside the 4/3 compatibility Area.
The graphic shown in this document is supplied for information only
It is the responsibility of each Purchaser (advertiser or its agent) to submit to the 'Régie' a film in
accordance with the principles described above. In this respect, the 'Régie' undertakes no check
concerning compliance with the Safety Area and the 4/3 Compatibility Area. The 'Régie' cannot
consequently be held liable for the integrity of the ad or of the film delivered by the advertiser or its
agent.
7.2.6. Teletext subtitling for hearing-impaired persons (only for SID campaigns)
The files shall meet EBU standard N19-2002
The PADs shall be exclusively in SD VBI beta (hearing-impaired teletext signal 888). The period of
exposure is 24 images minimum.
7.2.7. Technical identification form accompanying the tape
Details of the consignor or agency.
Name of the advertiser.
Name of the product or campaign
Title of the film.
Duration.
Version.
Single "PUB ID" identifier.
ARPP notice.
7.3. For every airtime broadcast, a written confirmation of the running schedule must be sent 6 working
days before the first broadcast to [email protected] (even if there is only one film),
stipulating:
Name of the product or campaign
Period of communication
Title of the film.
Duration
Version
Single "PUB ID" identifier.
The ARPP number.
The date of submission of the technical elements
The 'Régie' may not be held liable for broadcasting errors if the period indicated above is not respected.
7.4. In the event that, for technical reasons, the media prove to be unfit for broadcast of the ad, the
'Régie' shall immediately inform the Purchaser thereof, which must provide it with a satisfactory element of
the same ad at the latest 5 working days before the first scheduled broadcast. After this time, payment for
the broadcast shall be due in full by the advertiser as though the broadcast had taken place.
The 'Régie'' may not be held liable as a consequence of losses or damage incurred by these documents in
the course of performance of the Advertising Order.
7.5. No complaint concerning the scheduling or broadcast of an ad may be accepted after 3 working
days after the first broadcast of the ad.
7.6. No medium will be returned by any channel after broadcasting. The Purchaser must only submit
copies of the media and no original versions.
Up to 31 December 2012, the media (files or tapes) of the ads will be kept for three months. After this
date, they will be destroyed but can still be broadcast if the film is broadcast every year and if the medium
has been delivered in the second half of 2012, excluding media for films broadcast exclusively on the
channels D8, D17 and I>Télé, which shall be delivered again.
From 1 January 2013, the media of ads will be kept for three months in tape format and for twelve
months in electronic file format. After this date, they will be destroyed but can still be broadcast if the film is
rebroadcast every year.
7.7. The 'Régie' reserves the option of refusing any submission of a non-compliant film, notably if the
declared duration is not respected, or of requiring the advertiser to pay the actual price of the ad,
according to its actual duration.
7.8. Similarly, the Medium and the 'Régie' reserve the option of not broadcasting, or of immediately
suspending, all or part of the broadcasts of an ad in the event of complaints by third parties who consider
that all or part of this ad prejudices its interests, or in the event of decisions of any competent authority, and
notably the 'Conseil Supérieure de l'Audiovisuel' (Higher Audiovisual Council), to the effect that this ad is
likely to infringe the applicable legal or statutory provisions. In these hypotheses the Purchaser shall take
personal responsibility for causing, and take all necessary measures to cause, the complaints in question to
cease, or to change the ad such that it is in accordance with the laws and regulations in force, without
prejudice for the option for the Medium and/or 'Régie' to apply the measures of article 6 "Guarantees". If
the advertiser cannot deliver a new replacement ad within a period of 4 working days, the broadcasts
shall not be made, with the understanding that, in such a case, the 'Régie' shall be able to require payment
by the advertiser of the price of the reserved spaces.
7.9. If the Purchaser requests that a film be changed within 2 working days of the airtime broadcast,
technical costs shall be invoiced to the advertiser by the 'Régie'.
8. ATTRIBUTION OF JURISDICTION
Any contestation or dispute which may result from the interpretation, formation and/or performance of the
Advertising Order and, generally, from the interpretation, formation and/or performance of the General
Sales Terms, comes within the jurisdiction of Nanterre Commercial Court, even in the event of relatedness,
impleader or multiple defendants.
II - GENERAL SALES TERMS - SPONSORSHIP
AND SPECIAL OPERATIONS
1. GENERAL POINTS
1.1. Under the Commercial Terms and General Sales Terms, a "sponsorship contract or special
Operation Contract" means the agreement between the 'Régie' and the Purchaser which formalises the
Sponsorship Operation or Special Operation and determines its terms in accordance with the availabilities
of the schedule of the Medium.
The sponsorship or Special Operation contract gives the full effects of a contract binding the parties. This
sponsorship or Special Operation contract is personal to the advertiser and can under no circumstances
be transferred.
1.2. Under the Commercial Terms and the General Sales Terms, the subscription of a sponsorship or
Special Operation contract by a Purchaser implies its acceptance of these General Sales Terms and
compliance with the laws and regulations in force, notably governing advertising communication and
audiovisual communication. The Medium and/or the 'Régie' reserve the right to refuse all Sponsorship
Operations or Special Operations, or to cancel them at any time, without payment of an indemnity on any
basis whatever, which they consider to be contrary to their publishing or commercial interests and notably
any Sponsorship Operation or Special Operation which would lead to the direct or indirect promotion of
a competitor of the Medium.
2. RESERVATION AND CANCELLATION
2.1. The 'Régie' formally records the reservation of a Sponsorship Operation or Special Operation on
receipt of the Declaration of sponsorship or Special Operation mandate signed by the advertiser and its
agent (in accordance with the template of appendix 1). The 'Régie' may require a down-payment of all or
part of the total net value of the Operation at the moment of reserving.
2.2. If an advertiser does not use the services of an agent it must notify its reservation by a simple letter
on its company's headed letter paper. This letter must list the elements specific to the advertiser given in the
letter of standing appended to the General Sales Terms (appendix 1), and must arrive at the latest 15
calendar days before the first broadcast date of the Operation.
2.3. The firm purchase of a Sponsorship Operation or a Special Operation leads to the drafting of a
sponsorship or Special Operation contract. This contract must be returned signed 8 working days before
the start of the Operation. If it is not, the 'Régie' reserves the right not to broadcast the Operation
concerned. In the absence of a special provision specified in the sponsorship or Special Operation
contract, the advertiser has no priority concerning renewal of the Operation. The sponsorship or Special
Operation contract is personal and can under no circumstances be transferred.
2.4. In the event of cancellation by the Purchaser of a Sponsorship Operation or Special Operation over
120 calendar days from its start, i.e. more than 120 calendar days from the broadcast of the first
transmission or its recording, the 'Régie' shall invoice from the Purchaser compensation indemnities equal to
20% of the value of the Operation.
In the event of cancellation by the Purchaser of a Sponsorship Operation or Special Operation 60 to
120 calendar days from its start, i.e. 60 to 120 calendar days from the broadcast of the first
transmission or its recording, the 'Régie' shall invoice from the Purchaser compensation indemnities equal to
50% of the value of the Operation.
In the event of cancellation by the Purchaser of a Sponsorship Operation or Special Operation fewer than
60 calendar days from its start, i.e. fewer than 60 calendar days from the broadcast of the first
transmission or its recording, and to an event greater extent of an Operation currently being broadcast,
the 'Régie' shall invoice from the Purchaser compensation indemnities equal to 100% of the value of the
Operation.
2.5. In the cancellation cases described in article 2.4 above the 'Régie' shall invoice to the advertiser all
the incurred technical costs.
3. OFFICIAL PARTNERS
Advertisers which are "official partners" of sports events enjoy a priority to purchase the sponsorship
instruments and Special Operations relating to the retransmissions of the said sports events.
This purchase priority takes precedence over all priorities which may be included in a sponsorship or
Special Operation contract concluded previously with another advertiser.
4. TAKE-UP OF OPTIONS
4.1. Every Purchaser may retain with the 'Régie', in the form of options, one or more of the sponsorship
instruments or Special Operations offered for sale.
For each proposed instrument, the 'Régie' retains only the first three options communicated to it, in
chronological order of receipt.
The take-up of an option must be contained in a time-stamped written document, indicating the name of the
programme or the titles of the slots, the chosen dates, the name of the advertiser and its brand, and the
financial value of the Operation.
Sending of this document implies acceptance of the present General Sales Terms.
An option received from an agent of the advertiser must in all cases be accompanied by the sponsorship
or Special Operation letter of standing, signed by the advertiser and its agent in accordance with
appendix 1 of the present document.
When the option is taken up by an agent it can be confirmed or cancelled only by the latter, and the
advertiser undertakes not to intervene simultaneously with its agent with this regard.
An option is personal to an advertiser and can under no circumstances be transferred.
The 'Régie' reserves the right not to record options in relation to certain programmes or certain slots. This
decision is made the subject of an information note for the attention of the advertisers and their agents.
The 'Régie' acknowledges receipt of the option in writing, informing the Purchaser of the date on which the
option expires if not confirmed.
4.2. If several Purchasers have placed an option for a given Operation, and if a Purchaser presents a
firm purchase offer, all the Purchasers having posed an option shall have two working days to confirm their
priority option as a firm purchase.
Firm purchase confirmations received during this period of two working days are retained in chronological
order of receipt of the options.
The duration of the option may under no circumstances be extended, notably in the case of a duration of
two days, or a duration starting twenty-four hours before the end of the duration of the option.
4.3. The 'Régie' reserves the right to offer for sale offers for which a Purchaser has a purchase priority in
application of article 3 ("official partners").
These offers may be covered by a firm purchase or options by other Purchasers, under the condition
precedent of non-exercise of its right of priority by the Purchaser benefiting from it.
In the event of a firm purchase proposal by other Purchasers, these proposals shall be taken into account
in chronological order of receipt.
On the date of expiry of the purchase priority, depending on the decision of the Purchaser having top
priority, the 'Régie' shall or shall not confirm the firm purchase proposals of the other Purchasers.
In the case of purchase options by other Purchasers, the 'Régie' shall retain only the first three options
which are communicated to it, in chronological order of receipt.
If a Purchaser makes a firm purchase proposal, the Purchaser or Purchasers benefiting from an option shall
have the stipulations of article 4.2 applied to them.
4.4. The 'Régie' reserves the right to change the option rules in a given scheme. This point is then made
clear when the proposal is sent to the market.
5. RENEWAL PRIORITY
5.1. For the Channel Ý, every Purchaser having previously purchased an Operation to sponsor a
programme broadcast unencrypted may benefit, if they make such an express request, from a renewal
priority for the purchase of the same Sponsorship Operation on the following terms:
Purchased period January-June (excluding Cannes, i.e. 6 consecutive months): renewal priority for the
reservation of the same sponsorship Operation during the same period of the following year.
Methods: the purchase of the Sponsorship Operation qualified as a "renewal" purchase must without fail
be confirmed at the latest on 31 March of the year pending performance of the contract the purpose of
which is the initial Sponsorship Operation.
E.g.: advertiser X, the sponsor of the 'Grand Journal' from January to June 2013 by a contract signed in
2012, can benefit from a renewal priority until 31 March 2013, to purchase the Operation to sponsor
the 'Grand Journal' from January to June 2014.
Period purchased September-December (i.e. 4 consecutive months): renewal priority for the reservation of
the same sponsorship Operation during the same period of the following year.
Methods: the purchase of the Sponsorship Operation qualified as a "renewal" purchase must without fail
be confirmed at the latest on 1 October of the year pending performance of the contract the purpose of
which is the initial Sponsorship Operation.
E.g.: advertiser X, the sponsor of the 'Grand Journal' from September to December 2013 by a contract
signed in 2012, can benefit from a renewal priority until 1 October 2013, to purchase the Operation to
sponsor the 'Grand Journal' from September to December 2014.
5.2. For other channels, the 'Régie' reserves the right to grant renewal priority to any Advertiser that has
already purchased a programme Sponsorship Operation for at least six consecutive months, if it so
requests, for purchase of the same Sponsorship Operation for at least six consecutive months.
6. MODIFICATIONS OF PRICES AND OF GENERAL SALES TERMS
6.1. The prices and General Sales Terms applicable to sponsorship operations or special operations are
those in force on the date of broadcast of the Operation concerned, subscribed by the Purchaser.
However, the 'Régie' reserves the option of modifying its prices and/or instruments and/or General Sales
Terms relating to sponsorship or to Special Operations and informing the Purchaser thereof.
6.2. The 'Régie' undertakes to notify the Purchaser as soon as possible of any modifications of the
content of the scheduling of the Medium which may concern the programme sponsored by the advertiser
or the slots constituting the Special Operation, together with any delays and modifications of the broadcast
times of one or more programmes or slots.
Supposing that it is decided to stop the broadcast of one or more sponsored programmes, or supposing a
modification of the broadcast times of one or more programmes or slots which has an unfavourable effect
on the media performance of the sponsorship instrument or of the Special Operation, the 'Régie'
undertakes to offer the Purchaser a renewal of the sponsorship or of the Special Operation under the
contract, according to the new availabilities of the schedule of the Medium, or another partnership
allowing the Operation to continue.
6.3. The 'Régie' undertakes to inform the Purchaser, without delay, of any modification of the sponsorship
or Special Operation terms which might result either from a decision of any competent authority, and
notably the 'Conseil Supérieure de l'Audiovisuel', or from a change in the applicable legal or statutory
provisions, or from a prejudice to the rights of third parties having effects on the performance of the
parties' obligations.
6.4. In the cases set out in articles 6.1 to 6.3 above, the 'Régie' shall draw up, as far as possible and as
rapidly as possible, a corrected sponsorship or Special Operation contract taking these modifications into
account.
The Purchaser shall receive the corrected sponsorship or Special Operation contract:
Either it accepts the proposed modifications and returns the corrected sponsorship or Special
Operation contract signed.
Or it refuses the modifications; the sponsorship or Special Operation contract is then cancelled as of
right on the date on which the modifications come into force, without indemnity on either side.
If the 'Régie' and the Purchaser reach an agreement concerning a new instrument, a new contract shall be
drawn up and signed.
The Purchaser shall have a period of 8 calendar days from receipt of the new sponsorship or Special
Operation proposal sent by the 'Régie' to accept or refuse this proposal.
If the Purchaser does not reply within the period determined above, this shall be equivalent to acceptance
on its part of the corrected sponsorship or Special Operation contract: consequently, the 'Régie' performs
the rectified contract and the Purchaser is liable to pay for it.
6.5. In the event of a breach of the contract in the cases referred to in the present article 6, the Purchaser
shall be liable to pay the sums due for the programmes or slots broadcast until the contract expiry date
and, if applicable, for those which have been recorded and not yet broadcast before the date of
notification of their refusal, together with all the technical costs which have been incurred by the 'Régie'.
6.6. In any event, the liability of the 'Régie' and/or of the Medium may not be sought in any of the cases
referred to in the present article 6, notably if the programmes and/or Sponsorship Operation or Special
Operation were to be modified, cancelled or the broadcast dates moved; no indemnity shall be due in this
respect by the 'Régie' or the Medium.
6.7. The broadcast times of schedules which can be sponsored, and those of the trailers instrument are
given as an indication only, and do not include any broadcast time guarantee. These indications do not
take account of any delays, modifications of broadcast times of one or more programmes, or any
cancellations. The Purchaser may not therefore claim any of the events referred to above to request a
modification of the stipulations of the contract, or its cancellation (without prejudice for the provisions set
out above).
7. ALLOCATIONS
7.1. When a sponsorship contract provides for allocations, the Purchaser is obliged to discharge its
obligations towards the winner(s) at the latest 60 calendar days after the broadcast date of the
programme concerned.
If this is not done, the 'Régie' reserves the right, 15 calendar days after having given notice, by registered
letter with advice of receipt, to the Purchaser to discharge its obligations towards the winner(s), and if the
Purchaser has not discharged these obligations during this period, to make good the fault of the latter.
In this case, the 'Régie' shall reinvoice the costs incurred (batch, shipment, customs duties, etc.) to the faulty
advertiser. The advertiser shall then have a period of 10 calendar days to pay this invoice. After this
period, late-payment interest calculated in accordance with article 8.5 of the present document shall be
due by the advertiser, all the foregoing without prejudice for all other damages.
7.2. The Purchaser consequently takes personal responsibility for delivering the batches which it supplies
to the winner(s), at the latest 60 calendar days after the broadcast date of the programme concerned. The
Purchaser in any event remains solely liable for the satisfactory performance of this obligation.
7.3. The Purchaser consequently takes personal responsibility for material management of the batches,
notably storage, despatches and/or bailiff's costs, if applicable.
The Purchaser gives a guarantee to the Medium and the 'Régie' against all legal recourse, all claims
and/or all lawsuits originating from any party with this regard, and notably from the winner(s).
7.4. In any event, the Purchaser shall bear sole and complete liability for any prejudicial consequences
which may arise from the use of the abovementioned batches, notably their malfunction and defectiveness,
such that the liability of the Medium and/or of the 'Régie' cannot be engaged in this respect.
The Purchaser gives a guarantee to the Medium and the 'Régie' against all legal recourse, all claims
and/or all lawsuits originating from any party with this regard, and notably from the winner(s).
8. PAYMENT
8.1. The communicated prices are understood to exclude VAT and any newly created taxes or charges
which might be due as a consequence of the broadcast of the Sponsorship Operation or Special
Operation.
They include:
The professional discount.
The centralisation discount.
8.2. Full payment in advance, direct payment by the advertiser, or a bank deposit, may be required by
the 'Régie' if justified by circumstances, and in particular under the following conditions:
Investment made by a new client. A new client is taken to mean a new Purchaser not having invested
during calendar year 2012 on the Medium.
Investment made by a Purchaser for which the 'Régie' has recorded payment incidents in the past.
Investment made by a Purchaser for which the 'Régie' has doubts concerning its solvency.
Payment in advance signifies that it must be made 10 working days before the first broadcast of the
Sponsorship Operation or Special Operation. In this case a pro forma invoice is sent to the advertiser with,
if applicable, a duplicate to its agent; the definitive invoice is sent to the advertiser at the end of the month
during which the broadcast takes place.
8.3. The broadcast invoice is drawn up each month in the advertiser's name by the 'Régie' in the name
and on behalf of the Medium. The original of this invoice is sent to the advertiser. A duplicate of the invoice
may be sent to the agent if it makes such a request. The invoice entails a rendering of the account in the
sense of article 23 of the law of 29 January 1993.
In any event, the advertiser remains the principal debtor for payment of the Sponsorship Operation or
Special Operation. A payment or advance made to its agent may under no circumstances release the
advertiser from its obligation towards the 'Régie' and the Medium.
8.4. Payment, by cheque, transfer or offset, of the invoice relating to the Sponsorship Operation or the
Special Operation on Channels Ý, ÝDECALE and ÝSPORT is made payable to
Société d’Edition de Canal Plus and must be made within 30 days of the end of the month the broadcast,
and at the latest on the 10th of the following month.
Payment, by cheque, transfer or offset, of the invoice relating to the Sponsorship Operation or the Special
Operation on Channel D8 is made payable to the DIRECT 8 and must be made within 30 days of the
end of the month the broadcast, and at the latest on the 10th of the following month.
Operation on the Channel D17 is made payable to the DIRECT STAR and must be made within 30 days
of the end of the month the broadcast, and at the latest on the 10th of the following month.
Operation on the Channel i>TÉLÉ is made payable to the 'Régie' and must be made within 30 days of the
end of the month the broadcast, and at the latest on the 10th of the following month.
Operation on the Theme Channels is made payable to the 'Régie' and must be made within 30 days of
the end of the month the broadcast, and at the latest on the 10th of the following month.
8.5. Invoiced sums which have not been paid at the due date shall bear, without prior notice, latepayment penalties equivalent to the rate of the ECB plus ten points, according to the LME law of
4/8/2008, and the 'Régie' shall also have the option of cancelling the contract as of right, to the sole
detriment of the Purchaser, without the latter being able to claim any indemnity whatever.
Late-payment penalties are payable on the day following the date of payment shown on the invoice.
8.6. If the payment terms are not met, the 'Régie' also reserves the right to revise and cancel any pending
contract, as of right and without indemnity.
The advertiser is then liable to pay the price of the ads already broadcast.
8.7. Concerning Channels Ý and D8, every interruption of operation of the transmitters likely to
lead to an average audience loss greater than 10% may give entitlement, to the advertiser's benefit, to
reimbursement of a fraction of the price of the broadcast, calculated in terms of the lost average audience.
This reimbursement shall be calculated in proportion to the number of viewers unable to receive the signal
compared to the total number of potential viewers. This reimbursement excludes all indemnities or
compensations of any kind whatever to the advertiser's benefit.
9. CREATION AND USE OF THE CONTENT OF THE SPONSORSHIP OR OF THE
SPECIAL OPERATION
9.1. The Content of the sponsorship (such as "billboards", snippets, trailers, etc.) or of the Special
Operation (hereinafter "the Content of the sponsorship or of the Special Operation") shall be defined by
joint agreement between the 'Régie' and/or the Support on the one hand, and the Purchaser on the other.
9.2. In the absence of a joint decision of the parties to implement the provisions of article 9.5 of the
present General Sales Terms, the Content of the sponsorship or of the Special Operation shall be
produced by the Purchaser, which must deliver it to the 'Régie' in the form of a PAD Beta digital cassette,
seventy-two hours (72) before the airtime broadcast.
The Content of the sponsorship or of the Special Operation must be validated by the 'Régie' on the basis
of the final version of the storyboard or of the paste-up, or if these are not available, the visual elements
used for production of the Content of the sponsorship or of the Special Operation in order to check its
compliance with the regulations in force.
9.3. The Purchaser certifies in all cases that the Content of the sponsorship or of the Special Operation
does not contravene any legislative or statutory provision and/or rights of third parties, and does not
include any accusation or defamatory or prejudicial allusion with regard to third parties.
The 'Régie' and/or the Medium in any event reserve the possibility of refusing any Sponsorship Operation
and/or all or part of the Content of the sponsorship or of the Special Operation which they consider likely
to contravene, for any reason whatever, the laws and regulations in force.
9.4. The Content of the sponsorship or of the Special Operation will be under the sole liability of the
Purchaser, which bears the legal and financial costs of it. The Purchaser is responsible for obtaining and
paying for all the rights and authorisations required for exploitation of the Content of the sponsorship or of
the Special Operation, and notably for its broadcast over the airwaves of the Medium. The Purchaser
gives the 'Régie' a guarantee with this regard.
The Purchaser gives the Medium and the 'Régie' a guarantee against all legal recourse, claims or actions
concerning the Content of the sponsorship or of the Special Operation, and notably the identifying
elements of the advertiser included in them (such as logos, elements of the advertiser's style guide, etc.),
originating from any party, and notably from the authors, producers, designers, directors, publishers,
singers and, generally, all persons considering themselves injured by the exploitation of the Content of the
sponsorship or of the Special Operation, on any basis whatever.
9.5. In any event, and depending on its technical and/or artistic constraints relating to the sponsored
schedules or to the bookend advertising, the 'Régie' reserves the option of deciding whether it may be
appropriate for it to produce itself the Content of the sponsorship or of the Special Operation.
If the Purchaser has no sponsorship Content or Content for the Special Operation available for broadcast
on the Medium, and consequently wishes to give the Medium and/or the 'Régie' the task of designing,
realising and producing specific sponsorship or Special Operation elements, a special agreement must be
concluded between the Medium and/or the 'Régie' and the Purchaser (hereinafter "the specific
sponsorship or Special Operation Elements").
The purpose of this special agreement shall be notably to define:
The precise list of the specific sponsorship or Special Operation Elements.
The type of services which would thus be entrusted to the Medium and/or 'Régie'.
The methods, notably the financial methods, for realisation and/or production of the specific
sponsorship or Special Operation Elements, together with those for the exploitation, if applicable, of
these specific sponsorship or Special Operation Elements by the Purchaser after its broadcast on the
Medium, with the understanding that if no agreement is reached between the parties concerning this
point under the special agreement, exploitation of the specific sponsorship or Special Operation
Elements (except for the identifying elements of the advertiser provided by it) shall in any event remain
limited to broadcast by the Medium and to the uses referred to in article 9.6 of these General Sales
Terms.
It is also hereby understood that:
In this context, the Purchaser shall supply, at its expense, to the Medium and/or 'Régie', the identifying
elements of the advertiser which are to be associated with the specific sponsorship or Special
Operation Elements defined by the parties (such as logos, elements of the advertiser's style guide, etc.).
The 'Régie' may require prior payment of the sums relating to the direction and/or production and/or
exploitation of the specific sponsorship or Special Operation Elements which are covered by this special
agreement.
Supposing that fees and expenses must be incurred with third parties for the realisation, production
and/or exploitation of the specific sponsorship or Special Operation Elements, they shall be in any
event paid for by the Purchaser, directly or indirectly in the context of payment of the sums which shall
be determined in the special agreement.
9.6. The Medium and/or the 'Régie' reserve the right to reproduce and/or represent all or part of the
Content of the sponsorship or of the Special Operation and/or of the specific sponsorship or Special
Operation Elements relating to the advertiser, with a view to all actions for communication and/or
promotion of their activities, and notably for professional information, to the advertisers and/or agents,
using habitual methods in this respect, and on all media, and notably on the 'Régie''s Web sites.
In this context, the Medium and/or 'Régie' reserve the right to broadcast all or part of the Content of the
sponsorship or of the Special Operation and/or of the specific sponsorship or Special Operation
Elements, in all locations, both public and/or private, and to make mention of the advertiser's name.
10. ATTRIBUTION OF JURISDICTION
Any contestation or dispute which may result from the interpretation and/or performance of a sponsorship
contract or of a Special Operation contract, and more generally from the interpretation, formation and/or
performance of the General Sales Terms governing these contracts, comes within the jurisdiction of
Nanterre commercial court, even in the event of relatedness, impleader or multiple defendants.
PREMIUM DISPLAY ADVERTISING
APPENDIX
available on www.canalplusregie.fr
APPENDIX 1
ALL ADS:
LETTER OF STANDING
TEMPLATES 2013
LETTER OF STANDING FOR CONVENTIONAL SPACE
(A template to be drawn up by the advertiser on the headed letter paper of its Company)
(An original must be sent to Ý RÉGIE)
We the undersigned:
Corporate designation:
Registered office*:
CP
Town/city
Country
SIRET:
14 figures
or VAT Operator No.
or national identifier No.
Represented by:
Acting in a capacity of:
give only one entry
Surname
Forename
duly authorised for the purpose of the present document, called hereinafter "the advertiser".
* If the invoice address is different from that of the registered office given above, please write it in the table attached to the present declaration.
Declare that we have mandated:
Registered office:
CP
Town/city
Country
SIRET:
14 figures
or VAT Operator No.
give only one entry
called hereinafter "the agent".
Authorise substitution of the agent:
Registered office:
CP
Town/city
Country
SIRET:
14 figures
Or VAT Operator No.
Or national identifier No.
give only one entry
called hereinafter "the sub-agent".
to make in our name with Ý RÉGIE
partial mandate: check only the mission for which you have given a mandate
agent
sub-agent
> purchase of space
> reservation of space
> signature of the order note (including by EDI Publicité)
> management and monitoring of the order note
if applicable, stipulate
for the year 2013:
or
campaign:
or
period from … to:
/
Day
/
month
day
2013
Month
> management and control of invoicing
> ensuring that invoices are paid in good time
All media managed by Ý RÉGIE
on the following media:
list these
for the following
product(s)/service(s):
guarantee complete compatibility of the missions between our agent and the sub-agent
shall notify to Ý RÉGIE, by registered letter with acknowledgement of receipt, any
modification of the power of attorney arising in the course of the year
Payment of the invoices
by the advertiser
Payment made to the agent does not discharge the advertiser with regard to Ý RÉGIE or Ý SA
by the agent or
by the sub-agent
responsible for management of invoicing
The advertiser gives a special mandate to the agent
/to the sub-agent
for the purpose of
collecting from Ý RÉGIE or Ý SA in its name and on its behalf, the value of the credits established by
Ý RÉGIE or Ý SA. The advertiser expressly acknowledges that payment of the said credits to
its agent or its sub-agent by Ý RÉGIE or Ý SA has a discharging effect, and that it shall bear
alone the risks of subsequent default of its agent.
declare that we have read the General Sales Terms, the Commercial Terms and/or price terms of Ý RÉGIE
applicable in 2013 and expressly accept their provisions.
Date
__/__/20__
Precede the signature with hand-written
words "lu et approuvé" [read and
approved]
words "lu et approuvé" [read and approved]
approved]
Advertiser
Agent
Sub-agent
Signature and stamp
Signature and stamp
Signature and stamp
In the context of an advertisers' group, please give the invoicing address for each subsidiary.
ADDITIONAL INVOICING INFORMATION
NAME OF THE ADVERTISER
NAME OF THE PRODUCTS
INVOICE ADDRESS
SPONSORSHIP AND SPECIAL OPERATION LETTER OF STANDING
(A template to be drawn up by the advertiser on the headed letter paper of its Company)
(An original must be sent to Ý RÉGIE)
We the undersigned:
Registered office*:
CP
Town/city
Country
SIRET:
14 figures
or VAT Operator No.
Represented by:
Acting in a capacity of:
give only one entry
Surname
Forename
duly authorised for the purpose of the present document, called hereinafter "the advertiser".
* If the invoice address is different from that of the registered office given above, please write it in the table attached to the present declaration.
Declare that we have mandated:
Registered office:
CP
Town/city
Country
SIRET:
14 figures
or VAT Operator No.
give only one entry
called hereinafter "the agent".
Authorise substitution of the agent:
Registered office:
CP
Town/city
Country
SIRET:
14 figures
Or VAT Operator No.
Or national identifier No.
give only one entry
called hereinafter "the sub-agent".
to make in our name with Ý RÉGIE
agent
partial mandate: check only the assignment for which you have given a mandate
sub-agent
> signature of the sponsorship operation(s) or of the special
operation(s) and its riders
> management and monitoring of the sponsorship
operation(s) or of the special operation(s)
if applicable, stipulate
for the year 2013:
or
campaign:
or
period from … to:
/
Day
/
month
day
2013
Month
> management and control of invoicing
to make in our name with ____________________________________________________________
Give the producer and/or editor company of the operation(s)
Partial mandate: check only the assignment for which you have given a mandate
agent
sub-agent
> management and control of invoicing of the mission
for the following programme(s)/operation(s):
_________________________________________________________________________________________
_________________________________________________________________________________________
All media managed by Ý RÉGIE
on the following media: list these
________________________________________________________________________________________
______________________________________________________________________________
guarantee complete compatibility of the assignments between our agent and the sub-agent
shall notify to Ý RÉGIE, by registered letter with acknowledgement of receipt, any
modification of the power of attorney arising in the course of the year
Payment of the invoices
by the advertiser
Payment made to the agent does not discharge the advertiser with regard to Ý RÉGIE or Ý SA
by the agent or
by the sub-agent
responsible for management of invoicing
The advertiser gives a special mandate to the agent
/to the sub-agent
for the purpose of
collecting from Ý RÉGIE or Ý SA in its name and on its behalf, the value of the credits established by
Ý RÉGIE or Ý SA. The advertiser expressly acknowledges that payment of the said credits to
its agent or its sub-agent by Ý RÉGIE or Ý SA has a discharging effect, and that it shall bear
alone the risks of subsequent default of its agent.
declare that we have read the General Sales Terms, the Commercial Terms and/or price terms of Ý RÉGIE
applicable in 2013 and expressly accept their provisions.
Date
__/__/20__
approved]
Advertiser
Agent
Sub-agent
Signature and stamp
Signature and stamp
Signature and stamp
In the case of an advertisers' group, please give the invoicing address for each subsidiary.
ADDITIONAL INVOICING INFORMATION
NAME OF THE ADVERTISER
NAME OF THE PRODUCTS
INVOICE ADDRESS
APPENDIX 2
TELEVISION:
2013 PRODUCT SHEET
TEMPLATE
2013 PRODUCT SHEET
Date:
__________________________________________
Name of Product:
__________________________________________
Format(s):
__________________________________________
Product No.:
__________________________________________
Variety code(s)
__________________________________________
SNPTV listing:
__________________________________________
Description of the SNPTV Listing variety:
Sector-based variety exclusivity:
__________________________________________
YES
NO
Main target (Médiamétrie description):
__________________________________________
Only campaigns for which the target has previously been recorded on the product sheet can claim any audience
compensations.
ADVERTISER:
Corporate Designation:
Group (if applicable):
Address:
Postcode:
Telephone:
Internet address:
Siret No.:
Ident. No.. VAT (EU advertisers):
Campaign manager:
__________________________________________
__________________________________________
__________________________________________
__________ Town/City: ________________________
___________ Fax: _________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
AGENT
and/or SUB-AGENT
Name:
_______________
Group (if applicable):
_______________
Address:
_______________
Postcode:
_______________
Town/City:
_______________
Telephone:
_______________
Fax:
_______________
Internet address:
_______________
Siret No.:
_______________
Purchasing Manager: _______________
Name:
__________
Group (if applicable): __________
Address:
__________
Postcode:
__________
Town/City:
__________
Telephone:
__________
Fax:
__________
Internet address: __________
Siret No.:
__________
Purchasing Manager: __________
CREATIVE AGENCY
Name:
Telephone:
_______________
_______________
APPENDIX 3
TELEVISION:
SNPTV
PRODUCT LISTING 2012
AND BREAKDOWN BY
PRICING
CATEGORY
"A" AND "B"
CHANNELS Ý
CHANNELS D
THEME CHANNELS
APPENDIX 4
TELEVISION:
CONVERSION COEFFICIENTS
ACCORDING TO FORMATS
DURATION
COEFFICIENT
DURATION
COEFFICIENT
DURATION
COEFFICIENT
DURATION
COEFFICIENT
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0.28
0.32
0.35
0.38
0.41
0.44
0.47
0.50
0.53
0.57
0.61
0.64
0.67
0.70
0.73
0.76
0.79
0.81
0.84
0.87
0.89
0.92
0.95
0.96
0.97
0.98
0.99
1.00
1.10
1.15
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
1.20
1.25
1.30
1.34
1.38
1.42
1.46
1.50
1.54
1.58
1.62
1.66
1.70
1.74
1.78
1.82
1.86
1.90
1.94
1.98
2.02
2.06
2.10
2.14
2.18
2.22
2.26
2.30
2.35
2.40
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
2.45
2.50
2.55
2.60
2.65
2.70
2.75
2.80
2.85
2.90
2.95
3.00
3.05
3.10
3.15
3.20
3.25
3.30
3.35
3.40
3.45
3.50
3.55
3.60
3.65
3.70
3.75
3.80
3.85
3.90
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
150
180
3.95
4.00
4.05
4.10
4.15
4.20
4.25
4.30
4.35
4.40
4.45
4.50
4.55
4.60
4.65
4.70
4.75
4.80
4.85
4.90
4.95
5.00
5.05
5.10
5.15
5.20
5.25
5.30
8.40
11.45
CINEMA:
CONVERSION COEFFICIENTS
ACCORDING TO FORMATS
CINEMA
FORMAT
COEFFICIENT
15''
16"
20"
22"
25"
27"
30"
32"
35"
37"
40"
42"
45"
48"
50"
53"
55"
60"
64"
61
65
77
84
91
98
100
107
117
123
133
140
150
160
166
176
183
200
213
CORRESPONDING
TV FORMAT
15"
20"
25"
30"
35"
40"
45"
50"
60"
The minimum format invoiced for a campaign is 15 cinema seconds.
APPENDIX 5
List of UGC complexes
Postcode
Town/city
Complex name
Number of
screens
14120
MONDEVILLE
MONDEVILLE UGC CINE CITE
12
31000
TOULOUSE
TOULOUSE UGC TOULOUSE
9
33000
BORDEAUX
BORDEAUX UGC CINE CITE
18
44800
ST HERBLAIN
ST HERBLAIN UGC ATLANTIS
12
54000
NANCY
NANCY UGC ST JEAN
6
54710
LUDRES
LUDRES UGC CINE CITE
14
59000
LILLE
LILLE UGC CINE CITE LILLE
14
59650
VILLENEUVE D'ASCQ
VILLENEUVE D'ASCQ UGC
12
67000
STRASBOURG
STRASBOURG UGC ETOILES
22
69000
LYON
LYON UGC PART-DIEU
14
69000
LYON
LYON ASTORIA
5
69000
LYON
LYON UGC INTERNATIONALE
14
69000
LYON
LYON CINE CITE CONFLUENCE
14
75001
PARIS
PARIS 01 ORIENT-EXPRESS
7
75012
PARIS
PARIS 12 UGC C CITE BERCY
18
75006
PARIS
PARIS 06 UGC MONTPARN
7
75006
PARIS
PARIS 06 UGC ROTONDE
3
75006
PARIS
PARIS 06 UGC DANTON
4
75006
PARIS
PARIS 06 UGC ODEON
4
75008
PARIS
PARIS 08 UGC NORMANDIE
4
75008
PARIS
PARIS 08 UGC GEORGE V
11
75009
PARIS
PARIS 09 UGC OPERA
4
75012
PARIS
PARIS 12 UGC LYON BAST
7
75013
PARIS
PARIS 13 UGC GOBELINS
7
75017
PARIS
PARIS 17 UGC MAILLOT
4
75001
PARIS
PARIS 01 UGC CINE CITE
19
76000
ROUEN
ROUEN UGC CINE CITE
14
78180
ST QUENTIN EN YVELINES
ST QUENTIN/Y UGC CINECITE
16
78140
VÉLIZY
91440
BURES/YVETTE
92800
LA DÉFENSE
93160
NOISY
NOISY UGC CINE CITE NOISY
10
93110
ROSNY
ROSNY UGC CINE CITE ROSNY
15
94000
CRETEIL
CRETEIL UGC CINE CITE
12
95000
CERGY
CERGY UGC CINE CITE
14
95880
ENGHIEN
ENGHIEN FRANCAIS
5
VÉLIZY UGC VÉLIZY
7
BURES/YVETTE UGC ULIS
4
LA DÉFENSE UGC CINE CITE
16

general sales terms

Transcription

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