TRANSFERRAL OF TV ADVERTISING TIME
TV advertising airing time cannot be transferred.
RESPONSIBILITY FOR THE CONTENTS OF THE ADVERTISING
Responsibility for ensuring that an advertisement is not unlawful, including conflicting with the rights of third parties, is the responsibility of the advertiser. This applies regardless of TV 2 DANMARK A/S’s acceptance of the advertisement for publication. The advertiser/order giver guarantees that the advertisement is legal, that any necessary permits have been obtained and that all rights in connection with the agreed use of the advertisement have been fully cleared. The advertiser/order giver must indemnify TV 2 DANMARK A/S and any other contributor to the publication of the advertisement against liability for any loss suffered as a result of unlawful advertising. TV 2 DANMARK A/S is obliged at any to refuse advertisements that TV 2 DANMARK A/S finds in conflict with applicable law. TV 2 DANMARK A/S also has the right to refuse adverts that TV 2 DANMARK A/S finds unsuitable for public viewing.
COMPLAINTS ABOUT LACK OF PUBLICATION ETC.
In the event of lack of publication, publication of improper advertising, incomplete publication or any other considerable deficiency due to TV 2 DANMARK A/S, the order giver is entitled to a refund of the amount paid for that publication. If image or sound failure occurs in parts of the broadcasting area, a proportionate amount of the amount paid will be repaid. Failure in less than 10 per cent of the broadcasting area does not give the right to repayment. The order giver cannot make any other claims against TV 2 DANMARK A/S. Complaints must be made in writing no later than five days after the date of publication. However, complaints about an advert that is scheduled for re-running/re-airing before the expiry of the five-day deadline must be made immediately.
SUSPENSION OF ADVERTS
TV 2 DANMARK A/S is entitled to refuse, limit or suspend the publication of an advert, e.g. in the case of:
- Intervention from public authorities or legitimate objections to the continuation of marketing.
- That the advertise is not received in a timely manner or that it does not comply with the technical specifications.
- That the order giver does not pay on time. If the campaign is suspended due to lack of payment, it will be at full price.
Rejection, limitation or suspension of an advert does not release the advertiser/order giver from the obligation to pay. TV 2 DANMARK A/S is not responsible for any loss suffered by the advertiser/order giver as a result of the rejection, limitation or suspension of the advert.
REJECTION OF COMPETITORS' ADVERTS
TV 2 DANMARK A/S rejects competitors' advertisements, which are considered to have a significant negative impact on TV 2 DANMARK A/S in the form of loss of users, and/or loss of revenue. Any decision about rejections will depend on a specific assessment of:
- The extent of the competitive relationship
- The design and content of the specific advert
Neither party shall be liable for failure to fulfill its obligations under this Agreement if the failure to fulfill the agreement is due to force majeure, ie. war, earthquake, uprising, nuclear damage or the like, and if the party should not have taken into consideration the obstruction or later avoided or overcome it by signing the agreement.
AVAILABILITY OF TV ADVERTS
TV 2 DANMARK A/S has the right to make a TV advert available to third parties after it has been aired for the first time.
GENERAL RESPONSIBILITY LIMITATION
TV 2 DANMARK A/S’s liability to the order giver may never exceed the price of the advertisement.
Any dispute between the client and TV 2 DANMARK A/S, in connection with the parties' agreement, is to be decided by the City Court of Copenhagen.
FREE LEGAL ADVICE
TV 2 DANMARK A/S is required to ensure that all advertisements displayed onTV 2's channels comply with applicable law. To avoid getting into a situation where an advertisement has to be rejected, TV 2 DANMARK A/S offers to assess the legality of the advertisement already at draft level. However, the responsibility for the legality of the advert rests with the advertiser/order giver regardless of TV 2 DANMARK A/S’s assessement. Please contact TV 2 the Legal Department on tel. +45 39 75 75 75 for further information.
We reserve the right to make immediate changes – including reservations for printing errors, price changes and out of stock items.