Advertising Policy

 

1.  Purpose

The purpose of this Policy is to provide guidance on the solicitation and acceptance of advertising and to ensure that all advertising is consistent with the Municipality’s values, strategic directions and image.

2.  Definitions

2.1  Advertising

The terms “advertising and advertisement refer to the space used to promote an event, product or the service on the Municipality’s web site, publications and inserts in mailings and delegate packs. It includes the use of banners, sponsorship messages, promotions, and other contextual messages. It applies to both paid and complimentary advertising.

2.2  Advertisements Site

Any space offered for advertisement on the Municipality’s website; e – mails; newsletters; billboards; and notice boards.

2.2  Deceptive advertisement

Advertisement that is likely to mislead consumers acting reasonably under the circumstances, ie it is material/important to a consumer’s decision to buy or use the product

2.3  Municipality

Means Blouberg Municipality

3.  Principles

The Municipality accepts advertising according to the following principles :

3.1  Interpretation

The Municipality has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with advertising on the its advertisements site.

3.2  Approval

All advertisements are subject to approval by the Municipality, which reserves the right to reject or cancel any advertisement at any time.

The Municipality reserves the right to decline any submitted advertisement or to discontinue at any time, and for any reason, the posting of any advertising previously accepted. When the Municipality discontinues advertising before the end of the contract term, it will notify the advertiser promptly of the action and will provide the advertiser with the reason for rejecting its advertising.

3.3 Liability

(a)  Under no circumstances shall the Municipality’s acceptance of any advertisement be considered an endorsement, recommendation, or guarantee of the opinion; point of view; standard; product(s) and/or service(s) advertised or for the company that manufactures, distributes, or promotes such product(s) or service(s). It is forbidden to give the impression that an event, service or product is endorsed or associated with the Municipality in any way if such endorsement has not been given in writing.

Accordingly, in consideration of publication of an advertisement, the advertiser and or its agency, jointly and or severally, agree to indemnify and hold harmless the Municipality, its employees and agents against expenses and losses resulting from the publication of the contents of the advertisement, including, without limitation, claims or suits for libel, violation of privacy, breach of warranty; negligence; product liability; fraud; misrepresentation; copyright infringement, or plagiarism.

(b)  The Municipality will not be bound by any term(s) or condition(s) that an advertiser includes on order forms or invoices unless the Municipality has agreed in writing to such term(s) or condition(s).

(c)  Other than the return of any charge that has been paid, the Municipality is not liable for any alleged loss or damages if an advertisement is omitted for any reason.

(d)  Advertisers claims for errors will be reviewed on case – by – case basis with discounts offered for advertisement in question or on advertiser’s next order provided it is determined that the Municipality made the error and that the error seriously affected advertising results.

3.4 Municipality’s Identity

The Municipality’s name or coat of arm will not appear on any advertisement without prior permission. Any use of the Municipality’s Coat of Arms shall adhere to the rules for the use of same.

3.5  Advertiser’s Identity

All advertisements must clearly and prominently identify the advertiser by trademark or signature.

3.6 Editorial Independence

The Municipality recognizes and maintains a distinct separation between advertising content and editorial content. The Municipality has a complete editorial independence in creating information, text, graphics, images, tools, and other materials on its advertisements site. The Municipality does not allow advertisers to influence editorial decisions in the creation or presentation of content, or to make any changes to its content.

3.7  Avoidance of Confusion

All advertisements will be clearly identified as such, and will be distinguishable from editorial content. Any advertisement that could be misconstrued as editorial content will be clearly labeled as an advertisement.

3.8  Placement of Advertisement

The Municipality retains the exclusive right to determine the placement and method of display of the advertisement, although advertiser’s preference will be met when practical.

The Municipality may not be liable for any failure to publish any advertisement accepted by it, however, the Municipality shall use its reasonable efforts to place such advertisement in subsequent available space

3.9  Unacceptable Advertisements

The Municipality reserves the right to refuse space to any advertisement or organization that is deemed incompatible with its corporate image; values and strategic directions. Advertisement relating to any of the following is unacceptable

(a)  Advertisements for any products or services known to be harmful to health or those from  manufacturers of or companies closely associated with such products

(b)  Advertisements known to be deceptive; offensive or fraudulent

(c)  Advertisements for services or events that directly compete with any of the Municipality’s activities, is incompatible with the Municipality’s vision and mission, or which may injure the good name or reputation of the Municipality and or its advertisements site.

(d)  Advertisement that is not factually accurate and in good taste

(e)  Advertisement for illegal or objectionable products

(f)  Advertisement that contains material that misrepresents, ridicules, or attacks an individual or group on the basis of age, colour, national origin, race, religion, sex, sexual orientation, or handicap.

(g)  Advertisement associated with firearms, ammunition, pornography, tobacco, gambling, or alcohol.

8.  Change in Policy

The Municipality reserves the right to change this Policy at any time by posting a revised Advertising Policy on the Website and in its publications, provided that no change applies to advertisements whose closing date precedes the announcement of the change.

9.  Disclaimer

It is the responsibility of the advertiser to comply with all applicable domestic and foreign laws and regulations. The Municipality will not monitor compliance of advertisers with such laws and regulations, but may promptly remove advertising should the Municipality become aware of non – compliance or potential noncompliance with any of such laws or regulations or of these guidelines.

The Municipality is not responsible for any claims made in an advertisement appearing on its advertisements site.