AIRTIME ADVERTISING STANDARD TERMS AND CONDITIONS:-
In this Agreement, the following words and expressions shall have the following meanings unless the context otherwise requires:
“Advanced Booking Deadline” - means the relevant date from the list of dates published by
ATV from time to time on a website at www.awesomeTV.my or such other deadline as is agreed betwee the Advertiser or Agency and Awesome TV, by which the Agency or Advertiser is required to confirm the Booking;
“Advertisement” - means the Creative in respect of which Airtime has been sold for transmission in the manner prescribed in a contract;
“Advertiser” - means the advertiser specified in the Booking;
“Affiliate” means in relation to any body corporate, any Holding Company or Subsidiary of such body corporate or any Subsidiary of a Holding Company of such body corporate
“Agency” means the media buying agency that is incharge of buying airtime advertisement space (if there is one) acting on behalf of the Advertiser, as specified;
“Agreement” - means the Terms and Conditions herein provided including the Booking.
“Airtime” - means broadcast spot advertising within a commercial break available to an Advertiser for the transmission of its Creative.
“ATV channel” means those channels in respect of which ATV provides airtime sales representation (which includes, for the avoidance of doubt, ATV’s wholly-owned channels as well as third party channels).
“ATV platforms” means any platform by which ATV makes its content available to viewers, including but “Term” means the period specified in the Agreement
“Airtime Agreement” means any agreement entered into between the client/ advertiser and ATV for the purchase of Airtime for a specific term, and includes any letter of Variation.
“Booking” means a commitment by ATV placed from Advertiser or Accredited Agency to buy airtime at an agreed rate and on agreed terms and “Booked” shall be construed accordingly. A Booking shall be legally binding once it is accepted by ATV via email or by provision of actual Airtime to the Advertiser.
“Content Code” means the Broadcast Committee of the Advertising practice code and accompanying guidance (as amended or superseded from time to time). The Malaysian Code of Advertising Practice (ASA) is a code that defines the standard of advertisements and provides general guidelines for all practitioners of advertising to abide. The Malaysian Communications and Multimedia Content Code is a code adopted by the Communications and Multimedia Content Forum of Malaysia (CMCF) to set out guidelines and standards for contents disseminated by service providers in Malaysia
“Campaign” means the campaign specified in the Booking
“Campaign end date” means the end date specified in the booking for the campaign
“Campaign start date” means the start date specified in the booking for the campaign
“Copy Instruction” means a written instruction executed via email from an Advertiser or Agency authorizing ATV to transmit its advertisement and stating the commercial reference numbers, duration's, start dates and end dates
“Clear working days” means a number of consecutive working days excluding the first and last day
“Client” means (a) the Agency on behalf of the Advertiser; (b) where there is no Agency, the Advertiser; or (c) both the Agency and the Advertiser together.
“Clients Commitments” means the minimum commitments made by the clients in relation to Broadcast share and /or volume as set out in any Deal Agreement.
“Creative” means any material intended for transmission by ATV. Creative shall be deemed to have been delivered only when all of ATV’s technical requirements have been met and ATV has been given the campaign instructions."
“Creative Agency” means a person, firm or company carrying on the business of creating and/or producing any creative work.
“Dayparts” means the part of parts of the viewing day commencing and finishing at times expressly specified by ATV (agreed time segments) for the purposes of booking and monitoring Airtime
“Exclusion” means any category of airtime expenditure that ATV and Client have agreed to exclude from the calculation of delivery of Clients commitments.
“First Spot” means the first advertisement on any Channel for any given campaign for a particular Advertiser.
Force Majeure” means any event beyond the reasonable control of either ATV or the Advertiser or Agency, as applicable, and shall include (but not by way of limitation) pandemic, strikes, lockouts, riots, sabotage, acts of war, terrorism, hostilities or piracy, government policy and law, destruction of essential equipment by fire, explosion, storm, flood, earthquake, satellite and/or transmission failure and delay caused by failure of power supplies or transport.
“Gross Expenditure” means gross expenditure whether in cash or otherwise, before deduction of Agencies commission or discount.
“Letter of Variation”means the formal documentation produced and communicated to the Client as a result of an amendment to the existing Airtime Agreement.
“Online transfer” means the electronic advertisement data transmission to transfer the commercial material from advertiser to ATV
“Set top box” means a set top box, decoder or other equivalent device (whether or not integrated into a television set or other audio-visual monitor) which is installed at a place of reception and is capable of receiving and decoding (I) satellite transmission received via a satellite dish at the place of reception (including, for the avoidance of doubt, a place of multiple occupation and any device used as part of any satellite master antennae systems (know as MYTV)) and or (ii) electronic transmission using internet protocol or equivalent for the purpose of viewing the content contained in those transmission at that place of reception.
“Sponsorship Agreement” means the agreement entered into between ATV and the Client for the purpose of sponsoring the broadcast of a programme
“Terms and Conditions” means these standard terms and conditions
“TVR” means a television rating, which is expressed as a percentage of the potential TV Audience viewing at any given time and which measures the Audience watching content by comparing the number of Audience viewers who watched against the total available Audience as a whole. One TVR is equivalent to 1% of an Audience.
“The Technical Specification” means the requirements as set out in Appendix 1
“TAM” - means the television audience measurement provided by Nielsen Audience Measurement Sdn Bhd
“Audience” or “Target Audience” - means a demographic audience recognized and reported by Nielsen Audience Measurement Sdn Bhd, which provide clients with data, insights, and actionable recommendations that enable them to connect better with their consumers and, by extension, manage their businesses more effectively and deliver profitable growth
“Working Day” means Monday to Friday inclusive in each week except any public holiday.
These Terms and Conditions shall apply to all advertising purchased by a Client and together with ATV Booking shall constitute the Agreement made between ATV and the Client in relation to the Campaign.
By placing a Booking with ATV, the Client accepts in full these Terms and Conditions. Unless the Booking expressly stated otherwise. In the event of any conflict between these Terms and Conditions and the Booking, these Terms and Conditions shall prevail.
Where the Client is an Agency, the Agency warrants that:
it contracts with ATV as the principal notwithstanding that it may be acting as an advertising agency or media Client or in some other representative capacity; and
it is authorized to represent and bind the Advertiser(s) named in the Booking;
the Advertiser(s) agree to be jointly and severally bound by the Agreement as if it was the Client;
it undertakes to indemnify ATV against any loss arising from any claim by the Advertiser; and
it shall be responsible for the payment of all invoices issued by ATV.
The parties acknowledge that agency commission may be payable under the Agreement and the Agency warrants that it shall comply with any disclosure obligations to the Advertiser in respect of Agency commission under the Agreement.
2. ADVERTISEMENT MATERIAL
a) The Advertisement Material submitted by client/ Agency must, adhere to the below Technical Specification requirement by ATV:-
This document serves as a guideline for suppliers and content providers and all those who are involved to comply to AWESOME TV on-air technical operational requirements.
These guidelines to encompass the delivery of HDTV formats and also to elaborates on the format and caption needs of material supplied to AWESOME TV.
Video: HDTV Formats
- Format : XD CAM
- Bit Rate : 50Mbps
- Picture Resolution : 1440 x 1080 and 1920 x 1080
- Frame Rates : 25/50 fps
- Scanning method : Interlaced
Picture Aspect Ratios :
- HD programs shall be delivered as a 16:9 scan format unless the program is a legacy 4:3 program
- Aspect ratios format is either to be 4:3 Full Frame or 16:9
Audio – channels / track assignment shall be as follows :
|Audio Track / PCM-PULSE CODE MODULATOR||Content Options|
|1||Channel 1 – Stereo full mix|
|2||Channel 2 – stereo full mix|
|3||M & E – music and effect|
|4||M & E – music and effect|
|5||VO – voice over|
|6||SOT – sound on tape|
|7||SFX – sound effect|
|8||Mono – final mix|
Audio Formats :Audio alignment / reference standard level ( tone ) is -18dBfs with alignment signal of 1 KHz sinus tone generator.
- Audio level on track 1 and track 2 shall not exceed -9dBfs above the digital level of -18dBfs.
- The audio must remain in-sync with the video throughout the entire duration of the content.
All programme delivered on file format must be laid out with elements in the following pattern relative to time code :
|Time code||Picture||Audio 1||Audio 2|
|00:00:00:00||75% EBU standard colour bars||1 khz @ 0 dB||1 khz @ 0 dB|
|00:02:00:00||Start Programme||0 dB / -18dbfs||0 db / -18dBfs|
Promo & Commercial must be without a color bar and ID at the beginning of every content.
|Promo & Commercial|
|Time code||Picture||Audio 1||Audio 2|
|00:00:00:00||Start material||MOV or MXF||0 db / -18 dbfs Full mix, Stareo (LR)|
L shape Panel :- Creative buy
20% of 1920 x 1080
Lower third banner / bottom panel spec size:
W: 1270 x pixel & H: 110 pixel,
Resolution: 72 dpi,
Format: MOV File Size
Interrupter Spec: MOV file or MXF with alpha key. Full frame HD 1920 X 1080
b) Comply with the Films (Censorship) Act 1952 (Act 35) & Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 (Act 244) : as at 20th July 2001 (Laws of Malaysia) and The Communications and Multimedia Act (1998) which is enacted on 1 April 1999, the Telecommunications Act (1950) and the Broadcasting Act (1988) (and any amending or superseding Act)
c) Comply with any other laws, by-laws, rules and regulation from time to time in force in Malaysia.
d) Comply with the “Advertising Code for Television” and any other advertising code or guidelines issued by the Malaysian Communications and Multimedia Commission (MCMC) from time to time and any amendments/ revisions made thereto.
3. ACCEPTANCE OF BOOKING/ADVERTISEMENT
a) The advertisement must be delivered to and received by ATV not less than five (5) Clear Working Days before the date of the intended transmission. Where possible, Booking order and Copy Instructions should be delivered 5 clear working days ahead of this deadline. This is irrespective of the delivery method.
b) If ATV decides that advertisement is unsuitable, ATV shall notify the Client/ Agency who shall supply alternative Creative at its own cost as soon as possible and in any case not later than three (3) Clear Working Days prior to the intended transmission.
c) Copy instruction must be made confirmed by client/ agency in writing via email to ATV.
d) In the event of non-compliance with any of the requirements in paragraphs 3(a) to 3(d) above by client/ agency:
ATV shall not be liable for any for mistakes or accidental misuse of the Advertisement Material during transmission; or
ATV may cancel the booking and at its discretion impose a surcharge under paragraph 8 below as if the cancellation had been made by the client.
e) Provision of paragraph 3. (a) to 3(e) above shall be without prejudice to any special arrangement for the bookings made at shorter notice.
f) ATV reserves the right, in its absolute discretion and without incurring any liability whatsoever to the client, to
Decline to transmit any advertisement without any reason in writing for so declining but the client/ agency shall not be liable to pay for any advertisement not transmitted and/or
ATV reserves the right at its absolute discretion to do any act or thing in respect of the transmission of any Advertisement or part thereof (including the fading, editing, or cutting thereof), where such Advertisement or part thereof is considered by ATV to be unsuitable for transmission and ATV shall not thereby incur any liability to the Client/ Agency who shall have no claim whatsoever for damages or otherwise in respect of any non-transmission of any such Advertisement or part thereof but the Client shall remain liable in full to ATV or the charges payable hereunder for such Advertisement
g) The provision of paragraph 3.(b) (ii) shall also apply if:
No alternative advertisement material is supplied by client/ agency; or
The alternative material is also unsuitable
h) Advertisements will only be transmitted if they are approved by ATV, satisfy all of ATV technical requirements as may be notified by ATV to the Client from time to time and comply with the Acts, the Codes and all Relevant Laws.
i) Advertisement transmission flow between creative agency/ client and us, agency/ client via adstream to transmit the advertisement material to ATV.
4. DATE OF TRANSMISSION
a) For the avoidance of doubt, adherence to the times and/or dates of transmission of a Booking will be at the absolute discretion of ATV.
b) If an advertisement is not transmitted on the day and in a segment of the rate arranged, ATV shall offer a transmission at the some other time and / or some other date in the segment of the rate bearing the same value as that originally booked
c) ATV reserves the right, in its absolute discretion and without incurring any liability whatsoever to the Client/ Agency, to:
Reschedule confirmed bookings of airtime if conflicts arise with products or programme as a result of bookings for sponsorship
Place all airtime booked under a previous programme title into new programme title if the previous programme has been changed: and
Pre-empt any booked spot.
d) The Client/ Agency shall notify the sales team of ATV of any technical errors or incorrect material used in its advertisement within forty eight (48) hours of transmission, failing which, the advertisement shall be deemed to have correctly transmitted and shall be invoiced accordingly.
5. CANCELLATION OR POSTPONEMENT
Without prejudice to any antecedent rights of ATV, the client may cancel confirmed bookings upon giving written notice to ATV subject to the payment of the following surcharges
|No of Days from Date of written notice to Date of Transmission||Surcharge % of Gross rate|
|i) More than 30||10%|
|ii) 20- 29||30%|
|iii) 10- 19||50%|
|iv) Less than 10||100%|
a) Any written notice of cancellation shall take effect only upon receipt of the same by ATV
b) Save for the cancellation provided for in this condition, the client/ agency shall not be entitled to terminate or cancel a Sponsorship Agreement for any reason other than provided for. The client shall be liable to pay in full the Gross Value.
c) In the event there is any cancellation communicated or issued by the authorized regulatory bodies, to ATV for any reason or what so ever, ATV shall not be held liable or responsible to refund on any paid amount and the advertiser shall immediately settle any amount due to ATV.
6. DIRECT CLIENT
a) Where the client deals directly with ATV for the purchase of the advertising time without using the services of any advertising agency, ATV shall issue billing directly to the client in accordance with the payment plan details under any of the agreement.
b) Direct clients shall NOT be entitled to any agency commission.
7. ADVERTISING AGENCIES
a) Where the client is an advertising agent, the Agent shall be deemed to contract as the Principal in all respects and as such shall be personally liable, inter alia, for the payments of accounts.
b) In the event that the agent is replaced by another agent (“the new agent”) on the authorization, express or implied, of the Advertiser during the operational period of the Agreement, the Agent shall notify ATV forthwith of such change
c) The terms and conditions of the Agreements and herein shall be binding on the new Agent wth effect from the date of its appointment.
d) The Agent shall not be discharged from any liability incurred prior to the date of appointment of new Agent unless ATV has given its approval in writing to an alternative arrangement between the relevant parties.
8. PUBLICITY AND INFORMATION CONCERING ADVERTISEMENT
No client shall without the prior written consent of ATV publish any information in connection with any advertisement which has been or is to be transmitted by ATV.
9. PAYMENT TERM
For all booking from direct clients and registered media agencies with Awesome TV, are without any Bank Guarantees, 100% payment upfront is required prior advertisement transmission.
For an accredited media agency with an assigned Bank Guarantee amount with Awesome TV, a credit term payment limit will apply, subject to the Bank Guarantee amount given to ATV.
10. COMMERCIAL RATE CARD
The advertising rates shall be based on the on-going rates communicated to clients on a frequent basis as the dynamic of the industry warrants rate revision from time to time.
For ideas, solutions and advertising opportunities, please contact our sales team:
|RAJ||[email protected]||- 017 381 4340|
|PATRICIA||[email protected]||- 012 322 1121|
|AMELIA||[email protected]||- 012 856 1922|
|CONNIE||[email protected]||- 012 302 3778|
|NADIA||[email protected]||- 019 449 0128|
|LISA||[email protected]||- 016 279 5767|