| 1. DEFINITIONS
In these conditions, the terms contained herein, the initial letter of which is
capitalised, shall have the following meanings (except where the context otherwise
dictates) :
"Advertiser" means a person, firm or company which has
placed Booking(s) with the Station or has authorised its agent to place Booking(s) with
the Station for the purchase of time, facilities or other services provided by the
Station. The term shall also mean and include the Advertiser's successors in title and
assignee.
"Advertising Agent" means a person, firm or company which
has placed Booking(s) with the Station on behalf of an Advertiser and who/which agrees to
be bound jointly and severally together with the Advertiser for all sums due to the
Station under these Conditions, in consideration of the allowance of the Advertising Agent
discount referred to in Condition 13 (c), and which is authorised by the Advertiser to act
on the Advertiser's behalf in the placement of Bookings with the Station. An Advertising
Agent appointed by the Advertiser shall be deemed to have full authority to act on all
matters connected with the placing and changing of Bookings and the approval or amendment
of Material. The Station reserves the right to accept or reject the Advertising Agent
appointed by the Advertiser at its complete discretion.
"Booking" means any request, agreement, purchase order or
contract for the purchase of air-time, facilities or other service made by the Advertiser
and/or Advertising Agent with the Station subject to these Conditions.
"Codes of Practice" means the Codes of Practice on (a)
Advertising Standards; (b) Programme Standards; (c) Technical Standards and (d) any other
standards, directions and regulations, issued and amended by the Broadcasting Authority of
Hong Kong from time to time.
"Conditions" means the General Terms and Conditions
contained herein and as amended from time to time.
"Jade" means the television service of the Station which
normally transmits in the Chinese language.
"Pearl" means the television service of the Station which
normally transmits in the English or other languages.
"Material" means any material including but not limited to
programmes, products, services, copy, talent, scripts, films, slides, video-tapes,
recordings and music for any commercial announcements used to promote the Advertiser's or
Sponsor's Product.
"Preemption Structure" means the system whereby airtime
purchase for any particular time and at any specified rate may be preempted in the manner
described at the front of the Rate Card in which the Conditions are contained and such
system of preemption shall be deemed to have been incorporated in the Conditions.
"Product" means the goods, services or whatever the
Advertiser wishes to promote.
"Programme" means a film, show or the like during or between
the telecasts of which the Advertiser's Product will be the subject of commercial
announcements.
"Rates" means the rate of charges determined by the Station
from time to time as applicable to any Booking.
"Rate Card" means the prevailing rate card published by the
Station containing details of the Preemption Structure, volume rebate, the spot rates for
Jade and Pearl, the Conditions and such other terms and conditions as govern the terms of
business of the Station.
"Sponsor" means an Advertiser who, alone or jointly,
contracts with the Station for the telecast of a Programme whether owned by the Station,
the Sponsor or by some other person.
"Station" means Television Broadcasts Limited which is a
licensed commercial terrestrial television broadcaster providing two channels of services
known as Jade and Pearl. |