Common use of REGULATION REQUIREMENTS Clause in Contracts

REGULATION REQUIREMENTS. 5.1 The Client is responsible for the full compliance of the advertisement with all legislative requirements and restrictions, including any applicable rules for misleading advertising and the at any time relevant broadcasting regulation from e.g. MPRT, DMC, CNMC and NENT’s own policies, if any. 5.2 Without prejudice to any other rights or remedies NENT may have under the Agreement (including these general terms and conditions), where the Client has not provided NENT with an advertisement conforming to the requirements and restrictions set out in section 5.1 earlier than three (3) Business Days before the first scheduled date of broadcast, NENT shall have no obligation to broadcast, and has the right to immediately stop broadcasting, the advertisement (as the case may be). NENT will use reasonable commercial efforts to notify the Client that the same cannot be broadcast. NENT shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.3 The Client acknowledges and accepts that NENT is required to comply with any rule, regulation or demand issued, from time to time, by e.g. MPRT, DMC, CNMC etc., and/or with any other applicable law or regulation or policy. The Client acknowledges and accepts that it may be necessary for NENT to request the Client to modify an advertisement to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy, but subject to clause 11 and this clause 5, the Client will not be required to comply with such request. The Client also acknowledges and accepts that it may be necessary for NENT to modify an advertisement in order to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy. If the Client decides not to comply with such request or to accept NENT’s modifications (as the case may be), and NENT therefore is prevented from broadcasting such advertisement, the Client is not required to pay for the booked Advertising Space, provided the Client has notified NENT in writing of its decision no later than five (5) Business Days before the scheduled date of broadcast. NENT shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.4 The Client shall have in its possession proof which reasonably substantiates any and all factual claims/statements made in the advertisements about characteristics of the advertised products, including those in sung jingles or those indicated from the pictures (e.g. a photo of an overweight woman followed by a photo of the same woman but significantly thinner, with a note that only two weeks have passed). Upon NENT’s request, the Client shall provide to NENT within ten working days supporting written evidence of any such factual claims/statements. 5.5 Acceptance by NENT of an Advertisement on the Channel(s) shall not be deemed to constitute an acceptance by NENT that the Advertisement is provided in accordance with these Terms and Conditions, nor shall it constitute a waiver of NENT’s rights hereunder. NENT shall not be held responsible for any addition to, changes in, deletions from, delay in publication or non-publication or withdrawal of any Advertisement required by any competent authority having jurisdiction over or responsibility for the regulation of broadcast advertising (including without limitation MPRT).

Appears in 2 contracts

Samples: Advertising Space Purchase Agreement, Advertising Space Purchase Agreement

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REGULATION REQUIREMENTS. 5.1 The Client is responsible for the full compliance of the advertisement with all legislative requirements and restrictions, including any applicable rules for misleading advertising and the at any time relevant broadcasting regulation from e.g. MPRTOFCOM, ASA, DMC, CNMC and NENT’s own policies, if any. 5.2 Without prejudice to any other rights or remedies NENT may have under the Agreement (including these general terms and conditions), where the Client has not provided NENT with an advertisement conforming to the requirements and restrictions set out in section 5.1 earlier than three (3) Business Days before the first scheduled date of broadcast, NENT shall have no obligation to broadcast, and has the right to immediately stop broadcasting, the advertisement (as the case may be). NENT will use reasonable commercial efforts to notify the Client that the same cannot be broadcast. NENT shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.3 The Client acknowledges and accepts that NENT is required to comply with any rule, regulation or demand issued, from time to time, by e.g. MPRTOFCOM, ASA, DMC, CNMC etc., and/or with any other applicable law or regulation or policy. The Client acknowledges and accepts that it may be necessary for NENT to request the Client to modify an advertisement to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy, but subject to clause 11 and this clause 5, the Client will not be required to comply with such request. The Client also acknowledges and accepts that it may be necessary for NENT to modify an advertisement in order to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy. If the Client decides not to comply with such request or to accept NENT’s modifications (as the case may be), and NENT therefore is prevented from broadcasting such advertisement, the Client is not required to pay for the booked Advertising Space, provided the Client has notified NENT in writing of its decision no later than five (5) Business Days before the scheduled date of broadcast. NENT shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.4 The Client shall have in its possession proof which reasonably substantiates any and all factual claims/statements made in the advertisements about characteristics of the advertised products, including those in sung jingles or those indicated from the pictures (e.g. a photo of an overweight woman followed by a photo of the same woman but significantly thinner, with a note that only two weeks have passed). Upon NENT’s request, the Client shall provide to NENT within ten working days supporting written evidence of any such factual claims/statements. 5.5 Acceptance by NENT of an Advertisement on the Channel(s) shall not be deemed to constitute an acceptance by NENT that the Advertisement is provided in accordance with these Terms and Conditions, nor shall it constitute a waiver of NENT’s rights hereunder. NENT shall not be held responsible for any addition to, changes in, deletions from, delay in publication or non-publication or withdrawal of any Advertisement required by any competent authority having jurisdiction over or responsibility for the regulation of broadcast advertising (including without limitation MPRTOFCOM).

Appears in 1 contract

Samples: General Terms and Conditions for Purchase of Airtime for Advertising

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REGULATION REQUIREMENTS. 5.1 The Client is responsible for the full compliance of the advertisement with all legislative requirements and restrictions, including any applicable rules for misleading advertising and the at any time relevant broadcasting regulation from e.g. MPRT, DMC, CNMC DMC and NENTViaplay Group’s own policies, if any. 5.2 Without prejudice to any other rights or remedies NENT Viaplay Group may have under the Agreement (including these general terms and conditions), where the Client has not provided NENT Viaplay Group with an advertisement conforming to the requirements and restrictions set out in section 5.1 earlier than three five (35) Business Days before the first scheduled date of broadcast, NENT Viaplay Group shall have no obligation to broadcast, and has the right to immediately stop broadcasting, the advertisement (as the case may be). NENT Viaplay Group will use reasonable commercial efforts to notify the Client that the same cannot be broadcast. NENT Viaplay Group shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.3 The Client acknowledges and accepts that NENT Viaplay Group is required to comply with any rule, regulation or demand issued, from time to time, by e.g. MPRT, DMC, CNMC DMC etc., and/or with any other applicable law or regulation or policy. The Client acknowledges and accepts that it may be necessary for NENT Viaplay Group to request the Client to modify an advertisement to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy, but subject to clause 11 and this clause 5, the Client will not be required to comply with such request. The Client also acknowledges and accepts that it may be necessary for NENT Viaplay Group to modify an advertisement in order to conform the advertisement to any such rule, regulation, demand or other applicable law or regulation or policy. If the Client decides not to comply with such request or to accept NENTViaplay Group’s modifications (as the case may be), and NENT Viaplay Group therefore is prevented from broadcasting such advertisement, the Client is not required to pay for the booked Advertising Space, provided the Client has notified NENT Viaplay Group in writing of its decision no later than five (5) Business Days before the scheduled date of broadcast. NENT Viaplay Group shall in such case not bear any liability whatsoever to the Client (including, but not limited to, consequential loss which shall mean, without limitation, loss of profits, revenue and/or goodwill). 5.4 The Client shall have in its possession proof which reasonably substantiates any and all factual claims/statements made in the advertisements about characteristics of the advertised products, including those in sung jingles or those indicated from the pictures (e.g. a photo of an overweight woman followed by a photo of the same woman but significantly thinner, with a note that only two weeks have passed). Upon NENTViaplay Group’s request, the Client shall provide to NENT Viaplay Group within ten working days supporting written evidence of any such factual claims/statements. 5.5 Acceptance by NENT Viaplay Group of an Advertisement on the Channel(s) shall not be deemed to constitute an acceptance by NENT Viaplay Group that the Advertisement is provided in accordance with these Terms and Conditions, nor shall it constitute a waiver of NENTViaplay Group’s rights hereunder. NENT Viaplay Group shall not be held responsible for any addition to, changes in, deletions from, delay in publication or non-publication or withdrawal of any Advertisement required by any competent authority having jurisdiction over or responsibility for the regulation of broadcast advertising (including without limitation MPRT).

Appears in 1 contract

Samples: General Terms and Conditions for Purchase of Advertising Space

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