1. That Society, through its members, undertakes to use all possible measures to develop the qualitative and quantitative factors of the publications so as to render the best possible service to the public and to advertisers.
2. All advertising agencies shall take all reasonable precautions to ensure that all advertising released by them is legal, decent, clean, honest and truthful and that such advertising is in respect of goods or services prepared with a sense of responsibility to consumers and to society.
3. The advertising agencies/ advertisers, before releasing an advertisement for publication, must have documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation and it will be required to be provided to the APNS on demand.
4 The advertisers should assure that no advertisement should mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise. No advertisement should so closely resemble any other product/advertisement that it misleads or causes confusion.
5. No advertisement should make unfair use of the goodwill attached to the trademark, name, brand or the advertising campaign of any other advertisers.
6. No advertisement should contain anything that is likely to cause serious or widespreadoffence or fear or distress among its readers without good reason.
7. The advertiser should not unfairly attack or discredit other businesses or products.
8. No advertisement will be accepted which in any way advertise prescription - only medicines in the lay press unless authorized by the Ministry of Health. However, such advertisements may be published by medical and allied publications meant for medical practitioners.
9. Any advertisement intending to influence public opinion in favour of or against any political party/ group or electoral candidate must not contain anything that breaks the law or incites any one to break it. Personal attacks on the candidates should also be avoided and only the policies or manifestos should be referred to.
10. No advertisement will be accepted containing claims or illustrations which are distorted or exaggerated in such a manner as to convey false impressions or containing "knocking copies" of direct nature.
11. All monies due from the Advertising Agency to the members of the Society shall be payable at the place of publication of the member newspaper and only the appropriate court at the place of publication or any of its notified establishments for this purpose shall have the jurisdiction in the case of any dispute or legal proceedings. In the event of any dispute or difference between the members of the Society and the accredited advertising agency and the advertisers, arising out of or in connection with the contract or order of insertion or a bill in connection therewith, or otherwise, the same would be referred to an arbitrator who may be nominated by APNS if both parties agree. Otherwise, disputes would be settled in accordance with the Arbitration Act.
12. Member publications shall not favour direct advertisers by giving them better facilities such as lower rates, longer credit periods, preferential positions, commissions, discounts and supplying artwork at nominal rates.
13. The members of the Society shall not give commission or any rebate to any direct advertiser provided that a non-accredited advertising agency or a convasser may be allowed commission not exceeding 6.5% on advance cash payment.
14. In case space contacted for is not fully utilized, space consumed shall be paid for at the rate applicable to such space which was in force at the date of contract as per Rate Card of the publication.
15. The members of the Society shall be free to approach clients of advertising agencies for the purpose of procuring advertisement business. However all such business will be routed through the appointed agency and the agency will be entitled to 15% Agency Commission, if client listed under the agency, as per the Rules of the Society.
16. The members of the Society may in their discretion allow concession on advertisements published in their publications by other members of the Society.
17. The members of the Society may in their discretion allow concession on advertisements relating to charitable and Public Service organizations.
18. The advertiser shall pay dues to the advertising agency, not later than 45 days from, the date of issue of Agency Invoices. Where an advertiser fails to pay and in consequence the agency is unable to pay publications, APNS upon being authentically informed by the Agency and being so satisfied will advise its member publications to suspend the advertisements of the concerned advertiser, until payment is realized. This is without prejudice to the agency's clear liability to pay its dues even if its clients have not paid. |
