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

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

 B.2. Booking commercials

B.2.1. Advertisements [commercials], of any length upwards of 4 seconds that the other contracting party requires, can be booked with the TV stations, Sat.1, ProSieben, Kabel eins, N24 and 9live, as marketed by SevenOne Media. The broadcast price is calculated per second, in line with the duration of the specific commercial and price category.

B.2.2. SevenOne Media places booked commercials within the agreed price category, subject to changes in accordance with paragraph A.9. Price categories for the individual TV stations are derived from each TV station’s programming structures/schedules that apply at the time of SevenOne Media’s order acknowledgement. If no separate written agreement has been made, there is no right to have a commercial positioned in a specific advertising block and/or specifically positioned within a given advertising block. SevenOne Media is entitled to charge a premium when a specific advertising block or a specific position within an advertising block is booked. SevenOne Media will make every effort to facilitate the broadcast of the commercial within a particular advertising block, as requested by the other contracting party, but cannot give any guarantees in this respect. Furthermore SevenOne Media cannot guarantee that no other advertising blocks, other than those advertising blocks detailed in the programming schedule, will be offered or broadcast.

B.2.3. SevenOne Media and the other contracting party are entitled to alter bookings relating to the contractual placement of commercials up to 6 [six] calendar weeks prior to broadcast. The other contracting party is entitled to alter bookings of agreed commercials [changes to price category booked, duration of the commercial and time of broadcast], provided that the request to alter the booking is submitted in writing to SevenOne Media no later than 10 [ten] working days [Monday to Friday] prior to the agreed broadcast date, that the agreed booking volume [total fee as per the relevant pricelist] remains the same, that the re-booked volume is not broadcast significantly later than the volume as originally booked and that SevenOne Media has sufficient available capacity to accommodate the newly requested broadcast slot.

B.2.4. Furthermore SevenOne Media reserves the right to reschedule the commercial’s broadcast slot in individual cases, subject to maintaining overall media performance and taking the interest of the other contracting party into account [right to reschedule]. This has no impact on the status of the contract or on the contractual obligations of the parties.

B.2.5. SevenOne Media reserves the right to reject multiple or cross-referenced commercials within one or several advertising blocks.

B.2.6. The exclusion of competitors’ commercials within an advertising block or at group level is not feasible.

 B.3. Legality of commercials

The other contracting party is solely responsible for the content of commercials and is obliged to ensure that these do not contravene statutory regulations and the common advertising guidelines of the federal state media authorities applicable in each case. Where bookings are made by TV stations, licensed by the Independent Television Commission [ITC], the commercials must not contravene ITC guidelines, in particular the "ITC Code of Advertising Standards and Practice", the “ITC Code of Programme Sponsorship" and the "Financial Services Act 1986". The other contracting party must ensure that the commercials do not contravene other press, advertising and competition law regulations or regulations to protect children and young people and that the commercials do not infringe the rights of third parties. Upon first request, the other contracting party shall indemnify SevenOne Media in full against any claims asserted by third parties and against any costs related to a breach of this obligation. SevenOne Media and/or the TV stations are not obliged to view and check commercials prior to accepting bookings; this also applies to any references in the commercial to website addresses and telephone numbers of the other contracting party and their content. The other contracting party is not entitled to include third parties, in particular business partners, in the commercial.

 B.4. Broadcast material

B.4.1. The other contracting party is obliged to provide SevenOne Media with all the material required for the broadcast [format schedules and broadcast copies] plus any new commercials/advertising formats no later than 5 [five] working days prior to the agreed broadcast date. The other contracting party bears sole responsibility for the technical and content quality of the broadcast copy. The broadcast copies should be submitted to SevenOne Media in the form of PAL broadcast standard videotapes, Betacam SP format or Betacam Digital or in accordance with the D1 Standard. If broadcast copies are supplied in other formats, SevenOne Media will invoice all re-recording costs to the other contracting party. In the event of frequent transmission, the other contracting party should provide SevenOne Media with a second broadcast copy of the commercial.

B.4.2. Broadcast copies should be sent to:

Company address:
SevenOne Media GmbH
Motif Disposition
Beta-Straße 10 i
D-85774 Unterföhring

Delivery address for courier consignments:
SevenOne Media GmbH
Motif Disposition
Gutenbergstr. 3
D-85774 Unterföhring

SevenOne Media undertakes to forward all the relevant formats to the third parties commissioned to handle broadcasting without delay. SevenOne Media warrants that the broadcast material will only be shipped by reputable forwarders [e.g. UPS]. SevenOne Media however does not accept any liability for damage resulting from the shipping of the broadcast material, for which it is not responsible.

B.4.3. The obligation to retain documentation and broadcast copies ceases after the final broadcast of the commercial as per the contract. SevenOne Media shall return any documentation and the broadcast copy to the other contracting party at the risk and for the account of the latter, if it submits a written request to that effect to SevenOne Media within 10 [ten] working days after the final broadcast date. SevenOne Media accepts no liability for damage to or loss of the broadcast material that may occur during storage or return, unless SevenOne Media has acted wilfully or negligently. Otherwise SevenOne Media is entitled to destroy the material. SevenOne Media is entitled to retain documentation and broadcast copies until its fee has been paid in full.

B.4.4. At the same time as submitting the broadcast copy, the other contracting party is obliged to provide SevenOne Media with all the details required for the settlement of payments to GEMA or other collective rights management organisations, in particular details of the producer, publisher, composer, title and duration of the music for the commercial.

B.4.5. SevenOne Media may charge the other contracting party the fee due for the agreed broadcast time, if the commercial is not broadcast for reasons for which the other contracting party is responsible, in particular because documents or broadcast copies were not submitted to SevenOne Media on time or were labelled incorrectly or inaccurately.

 B.5. Broadcast footprint

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

 B.6. Miscellaneous

Contracts covering the broadcast of TV advertising by several TV stations are each deemed to be stand-alone contracts and, in terms of their status, will be treated as separate contractual relationships in relation to broadcasts by each individual TV station, irrespective of any concurrent bookings and/or concurrent booking acknowledgements.

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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