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 SevenOne Media GmbH - Standard Terms of Business
 D. Specific terms of business for teletext services
 D.1. Scope of application

In addition to the general terms detailed in Section A of these STB, these specific terms for teletext services govern contractual relationships between SevenOne Media and other contracting parties in relation to the booking of teletext advertising [hereinafter referred to as “TT advertising”].

 D.2. Booking teletext advertising

D.2.1. SevenOne Media will place TT advertising within the agreed category and under an agreed page number. The categories and environment for TT offerings are derived from the relevant programming structures/schedules that apply when SevenOne Media issues its order acknowledgement. There is no right to the placement of TT advertising/TT advertising text in a specific position on a given TT page. SevenOne Media will make every effort to facilitate the transmission of TT advertising in a teletext page position as requested by the other contracting party, but cannot give any guarantees in this respect. Furthermore SevenOne Media cannot guarantee that no other TT pages will be offered in addition to those detailed in the programming schedule. The other contracting party has no right to a specific period of access or specific number on the relevant TT page.

D.2.2. SevenOne Media and the other contracting party are entitled to alter bookings relating to the placement of advertisements up to 6 [six] calendar weeks prior to transmission, provided the changes appear reasonable to the other counterparty. The other contracting party is entitled to alter bookings for agreed advertising transmission [change of booked form of advertising, page placement, TT text length and transmission period], provided the request to alter the booking is submitted to SevenOne Media in writing no later than 2 [two] working days prior to the agreed transmission date, that that the agreed booking volume [total fee as per the relevant pricelist] remains the same, that the re-booked volume is not transmitted significantly later than the volume as originally booked and that SevenOne Media has sufficient available capacity to accommodate the newly requested transmission date. It is possible to change the content and format of previously booked advertising transmissions up to a maximum of once a week.

D.2.3. The exclusion of competitors’ material on any given TT page cannot be guaranteed, i.e. the possibility that the other contracting party’s competitors place advertising on the same TT page during the same period cannot be excluded.

D.2.4. SevenOne Media reserves the right to reject multiple or cross-referenced TT advertising within one or several TT page[s]. Advertising must be plainly identifiable as such and clearly separate from other content. In line with the clear obligation to label advertising  as such, the advertising page must be tagged with a -w- [w=Werbung=advertising].

 D.3. Termination with notice

D.3.1. SevenOne Media and the other contracting party are entitled to duly terminate the contract relating to teletext services during the contract period by giving 6 [six] calendar weeks’ notice, whereby the following applies: in the event that the contract covers other services [esp. TV, online, print] as well as teletext services, the contract may not be terminated with relation to teletext or any other specific services. In the event that the contract only covers teletext services, the contract can be terminated in full.

D.3.2. In the event that the other contracting party terminates the contract in accordance with this paragraph, the discount given will be reversed. The other contracting party is accordingly obliged to pay back any discount that SevenOne Media has given it.

 D.4. Material

D.4.1. The other contracting party is obliged to provide SevenOne Media with all the material [TT formats/TT texts] required to broadcast the TT advertising no later than 10 [ten] working days prior to the agreed broadcast date.

D.4.2. TT advertising material should be sent to:

SevenOne Media GmbH
Sales & Service Teletext
Betastraße 10 D
D-85774 Unterföhring
or by e-mail to:
grafik@SevenOneMedia.de

 D.5. Transmission

D.5.1. The TT advertising will be transmitted in the standard resolution quality applying to the teletext offering booked.

D.5.2. The other contracting party is obliged to check the broadcast TT advertising immediately following the first transmission and to report any errors within the first week of transmission. Once this period has expired, any errors will be deemed to have been accepted. Should the other contracting party require the TT advertising to be altered after the above-mentioned period has ended, it is obliged to bear the costs of any changes.

 D.6. Warranty

Teletext pages are offered per TV station at 98% [ninety eight percent] availability in relation to the monthly average. Non-availability periods result from temporary interruptions due to technical equipment modifications or other action taken to ensure proper or improved operation. Paragraph A.4 of the Standard Terms of Business remains unaffected.

 D.7. Transmission footprint

It should be explicitly pointed out that transmissions of TT advertising outside the Federal Republic of Germany may be subject to cross-fading by regional advertising blocks.

 D.8. Transfer of use to third parties

If the other contracting party intends to transfer use of the commissioned TT advertising space to a third party, it is required to obtain prior authorisation from SevenOne Media. SevenOne Media will only consent to the transfer, if the other contracting party is able to furnish evidence of legitimate interest. Legitimate interests are not those that already existed at the time the contract was concluded.

Changes and misprints reserved.
Status: January 2009.
STC SevenOne Media GmbH
General conditions for all services
Special conditions for TV services
Special conditions for online services
Special conditions for teletext services
Special conditions for direct marketing services
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