TV Advertising
TV Advertising
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Sponsorship Guidelines The Code of Advertising General Terms and Conditions For Advertising On Channel NewsAsiaSponsorship Guidelines
Credit Acknowledgement
Sponsors can either opt for a still visual acknowledgement or a continuous extract from their commercial. Any editing for advertisers/agencies (eg. super-imposing, special effects, etc) can be done by the production house (eg. Mediacorp Creative Services) and production costs are charged to advertisers.
All materials submitted (with no further editing required) must be in the form of digital betacam 3 weeks before telecast of trailers. All materials submitted are subject to final approval by Mediacorp.
Upon confirmation of sponsorship investment, sponsors are to submit a ready 5-sec/2.5-sec tag-on (visual and voice over) in digital betacam format, with no further editing required.
Trailer Scheduling
Programme trailers will only be aired on the same channel as the sponsored programme. There will be no cross-channel promotion, unless otherwise stated.
Mediacorp will schedule all trailers and reserve the right to change trailer schedule without prior notice. Trailers are pre-emptable.
Execution of Trailers
Mediacorp retains full control of the editorial, including verbal acknowledgement, and creative execution of the trailers.
Product Exclusivity
Product exclusivity entitlement is only extended to one product-type per sponsorship package.
First Right of Refusal
First right of refusal will only apply for returning series of the same title, and not for the same timebelt, re-run series or otherwise. However, no rate protection will be accorded and prevailing rates will apply.
For programmes that run indefinitely, the first right of refusal will only apply to the immediate episode/time-slot after expiry of existing sponsorship contract (for existing sponsors who take up 3 months or more of the sponsorship).
First right of refusal will only apply for annual events within the proposed validity period.
Cancellation
All sponsorship contracts are non-cancellable.
On-Air or Off-Air Promotion
Approval must be sought from Mediacorp for all promotions and publicity materials pertaining to the sponsored programme.
Talent and licensing fees are applicable for the use of artistes (in their character role) and programme title in its exact typeface.
Pre-emption
Mediacorp reserves the right to pre-empt any scheduled telecast programme in place of Special Programmes.
Telecast Date and Time
Mediacorp reserves the right to change the telecast date and time of all sponsored programmes.
Positioning
In the event of a multiple sponsorship, premium position for spots will be rotated amongst sponsors on a weekly basis, dependent on sponsorship categories.
Others
There is no maximum number of sponsors for any programme sponsorship unless specified by Mediacorp.
The Code of Advertising
All advertisements should be legal, decent and truthful. Any advertisement that is distasteful or offensive will not be accepted.
The Code is not intended to suppress free and vigorous competition. However, advertisements should be prepared with a sense of responsibility to audiences, especially as television is easily accessible to all ages.
The provisions in the Code should be observed in the spirit as well as the letter.
Channel NewsAsia will be fully indemnified by the advertiser or agency against any claims, expenses or losses as a consequence of the telecast of any advertisement.
Advertisers must clear the copyrights in the music and/or visuals used in the advertisements.
In the interpretation of the Code, or any area not specifically covered by it, the decision of the CEO of Channel NewsAsia shall be final.
Channel NewsAsia also reserves the right not to accept any advertisement or to withdraw any advertisement from telecast if it deems it necessary.
Guidelines for Advertising Intended for Telecast over Channel NewsAsia
1. National Policies
(a) Advertisements should not contain visuals or messages that constitute a breach of the law, nor should they appear to condone any illegal activity.
(b) Advertisements should not, directly or otherwise, attempt to disrupt the harmony or stability of the country.
(c) Any advertisement that could be seen as detrimental to relationship with other countries will not be accepted.
2. Race and Religion
(a) Advertisements should not contain statements or suggestions that may offend the sensitivities of any racial or religious group.
(b) Advertisements should not proselytise or indirectly promote the views or beliefs of any race, religion or culture.
(c) Advertisements should not make use of the practices of any religion to sell products or services.
3. Moral Standards/Social Behaviour
(a) Advertisements should not portray or condone undesirable or immoral values.
(b) Advertisements which are offensive to good taste or which portray or suggest anti-social behaviour will not be accepted.
4. Children and Advertising
(a) Advertisements primarily targeted at children, or placed in programmes likely to be seen by children, should not contain any visuals, effects or words that might result in harm to them physically, emotionally or morally.
(b) Advertisements that feature children should be carefully considered from the point of view of safety and should not show them doing acts which might endanger themselves or others.
(c) Advertisements targeted at children or which feature children should not portray negative or undesirable practices or values.
5. Claims and Comparisons
(a) Advertisements should not contain claims or comparisons that are misleading or highly exaggerated.
(b) All claims and comparisons that are objectively verifiable should be capable of substantiation.
(c) Comparisons with other products/services are acceptable provided they are based on fact and do not disparage directly or by implication.
6. Film Trailers
(a) Excessively violent scenes, horror ad close-up shots of infliction of injury and bloody wounds will not be accepted.
(b) Advertisements on Restricted (Artistic) and NC-16 films will not be accepted.
7. Use of Public Figures
(a) Footage, or caricatures, of public figures should not be used in a manner that might be denigratory to them.
(b) Acceptance of advertisements portraying political figures is at the station's discretion.
8. Endorsement by Professionals
Where endorsements by professionals are used in advertisements, it will be assumed that prior approval has been obtained from that professional body. Channel NewsAsia shall not be responsible for any failure to obtain such approval.
9. Employing of Station Formats
Advertisements should not be presented in a way that may confuse viewers into thinking it is a programme or news material.
10. Use of National Symbols and Anthem
Commercials should adhere to all rules governing the usage of the national flag, symbols and anthem by their respective countries.
11. Miscellaneous
(a) Advertisements that specifically promote fortunetelling, geomancy and other superstitious beliefs or which make reference to occult practices will not be accepted.
(b) Advertisements for undertaker services and products associated with death will not be accepted.
(c) Massage parlours, social escort agencies, and other establishments not of a reputable nature will not be accepted.
(d) All advertisers should secure the approval of their relevant governing authorities and copies should be made available to Channel NewsAsia prior to date of telecast.
(e) For Channel NewsAsia (Singapore), permit from the Ministry of Health should be obtained and produced for all advertisements for medical products or advertisements that contain medical claims, prior to telecast of the advertisements. This is in accordance with the Medicines Act (1975) and the Medicines (Medical Advertisements Regulations (1977))
General Terms and Conditions For Advertising On Channel NewsAsia
1. General
1.1 All advertising agreements (including but not limited to Media Booking Forms) entered or to be entered into with Mediacorp Pte. Ltd. (“MPL”) and/or MCN International Pte. Ltd. (“MCNI”), are subject to these General Terms and Conditions, the terms and conditions set out in the rate books/cards of MPL and MCNI, the applicable programme, advertising and/or sponsorship codes prescribed by MDA, the programme codes and advertising policies of MPL and MCNI, all as may be amended from time to time. In the event of any inconsistency or ambiguity between the terms contained in any of the above, they shall apply in the order of precedence set out above (in descending order of precedence).
1.2 Terms and conditions of contract of the Advertiser or Agency printed on any Booking Request(s), bookings or orders submitted to MPL and/or MCNI are NOT valid and shall NOT apply to any agreement entered into with MPL and/or MCNI.
2. Definitions
2.1 In these General Terms and Conditions, words and phrases with initial letters capitalized are defined terms, and if not otherwise defined under this Clause, shall have the meaning set out on the first page of the relevant Media Booking Form. The following terms shall have the following meanings unless the context otherwise requires:
“Accredited Agency” means an advertising agency which has applied to be accredited with MPL and/or MCNI and whose application has been accepted.
“Advertising Materials” means all advertising materials, including without limitation copy instructions, music, audio-visual materials, artwork, graphics, electronic files, sales literature, price lists, information, details, data, logos, trademarks and/or servicemarks, submitted or supplied by the Advertiser or Agency for its advertisements.
“Booking Request” means a written application, Media Booking Form and/or an application through eIBS for booking of advertisements or insertion orders made by an Advertiser and/or Agency from time to time; and “Booking Requests" refers to two or more Booking Requests.
“Mediacorp Entity” means Mediacorp Pte. Ltd. and MCN International Pte. Ltd. or any one of them as the context requires.
“Working Day” means Mondays to Fridays, but excluding Saturdays, Sundays and gazetted public holidays in Singapore.
2.2 Words denoting the singular shall include the plural and vice versa; words denoting any gender shall include all genders; words denoting persons shall include firms and corporations and vice versa.
2.3 The headings herein are inserted for convenience only and shall be ignored in construing these General Terms and Conditions.
3. General Booking Procedures
3.1 All bookings and orders shall be made through Booking Requests submitted to the relevant Mediacorp Entity. All Booking Requests shall be final and binding on the Advertiser and Agency upon submission and subject in all respects to these General Terms and Conditions, and shall not, unless otherwise agreed in writing by the relevant Mediacorp Entity, be terminated, withdrawn, cancelled, revised or rescheduled by the Advertiser or the Agency. For the avoidance of doubt, no provision contained in any Booking Request which is contrary to or inconsistent with these General Terms and Conditions shall be valid or binding on any Mediacorp Entity.
3.2 All Booking Requests shall be subject to acceptance by the relevant Mediacorp Entity in its absolute discretion and any acknowledgement of receipt of any Booking Request by a Mediacorp Entity shall not constitute acceptance of the Booking Request by such Mediacorp Entity. Only the broadcast or publication by a Mediacorp Entity of any Advertising Materials which is the subject of a Booking Request shall constitute the acceptance of such Booking Request by that Mediacorp Entity.
3.3 Each of the Advertiser and Agency acknowledges and agrees that the media, television channels and/or the publications where its advertisements appear may be in print or electronic form and/or any other form or media or on multiple platforms whether now known or developed in the future. Each Mediacorp Entity reserves the right (but not the obligation) to place the advertisements in any such platforms, media or form.
3.4 Some advertisements may be revised by a Mediacorp Entity without notice if they do not meet its publishing or broadcast standards. Each Mediacorp Entity reserves the right to insert the word “advertisement” or “advertorial” in advertisements which simulate the editorial, news or programme format.
3.5 Where applicable, the Advertiser or Agency shall also submit to the relevant Mediacorp Entity all cue sheets providing details of all music and/or other materials synchronised in the Advertising Materials prior to the scheduled broadcast date, and all such other information and materials as may be requested by the Mediacorp Entity from time to time.
3.6 All Booking Requests and Advertising Materials must be submitted by the deadlines specified in the relevant rate book/card.
3.7 All Booking Requests shall be final and binding on the Advertiser and Agency upon submission and may not be cancelled or rescheduled, unless MPL agrees in writing. In the event that the relevant Mediacorp Entity agrees to a request for any cancellation or rescheduling submitted after the deadlines specified in the relevant rate book/card, such cancellation or rescheduling shall be subject to an additional charge of 100% of the value of the Booking Request to which the cancellation or rescheduling relates. Each Mediacorp Entity reserves the right to reject any Booking Request or request for cancellation or rescheduling in its sole discretion without assigning any reason therefor, whether or not the Booking Request or request for cancellation or rescheduling is made before the deadlines specified in the relevant rate book/card and the Advertiser and the Agency shall have no claim against such Mediacorp Entity therefor.
4. Websites Downtime
Any Mediacorp Entity may schedule downtime in its website(s), servers or any part thereof for maintenance purposes with or without giving notice thereof on the website(s) or in such other manner as it deems fit. The Advertiser and Agency agree that no Mediacorp Entity shall be liable for any loss, damage, claims, costs or expense of any kind arising from any such downtime, or from any unavailability or inoperability of any telecommunications systems or internet, technical malfunction, error, omission, interruption, delay in operation or transmission, computer error or viruses, any failure in communication lines or telecommunications networks, or any corruption or loss of data or other disruption of any kind.
5. Right Not To Broadcast or Publish
5.1 Each Mediacorp Entity reserves the right to, at any time, refuse to broadcast or publish (as the case may be) any Advertising Materials submitted by the Advertiser and/or the Agency or to reject any Booking Requests without assigning any reason therefor notwithstanding:
(a) issuance of any acknowledgement of receipt or confirmation therefor;
(b) the acceptance of payment or part payment therefor; or
(c) that such matter or material has been in part broadcast or published or that some instalments or items thereof have been broadcast or published in part.
5.2 In the event of any exercise of such right by a Mediacorp Entity, such Mediacorp Entity’s liability shall be strictly limited to refunding pro rata the charges for any prepaid advertising fees for any Advertising Materials (or part thereof) not broadcast or published.
6. Advertiser and Agency
6.1 The Advertiser agrees that the Agency shall act as the Advertiser’s agent in respect of all matters relating to or in connection with all advertising agreements with the Mediacorp Entities, including without limitation Booking Requests, amendments to the Media Booking Form, requests for cancellation or rescheduling, submission of Advertising Materials, and that any instruction, direction or agreement of the Agency in respect of any such matter shall constitute that of the Advertiser.
6.2 For the avoidance of doubt, where no Agency is involved, the Advertiser shall be solely liable for all matters under its advertising agreements with the Mediacorp Entities.
6.3 In the event that a Mediacorp Entity receives conflicting instructions, requests or other notices from an Advertiser and an Agency, or more than one Agency purporting to act on behalf of the Advertiser, such Mediacorp Entity shall be entitled to act on any such instruction, request or notice to the exclusion of others and/or to deal with only the Advertiser or any one of such Agencies.
6.4 All advertising agreements shall be valid, binding and enforceable upon each Advertiser or Agency which has signed the agreement(s) notwithstanding that any other party which is intended to sign or to be bound by the agreement(s) may not have done so or may not be effectively bound thereby, and notwithstanding the incapacity, liquidation or bankruptcy of any other party.
6.5 The Advertiser acknowledges and agrees that each Mediacorp Entity may from time to time implement advertising incentive schemes for agencies, and that any benefits given to agencies under such incentive schemes shall accrue to the agencies only.
7. Advertising Materials
7.1 Both Advertiser and Agency hereby jointly and severally represents and warrants that all Advertising Materials submitted to any and all Mediacorp Entities shall not:
(a) infringe the intellectual property rights or the rights or interests of any person;
(b) contain false or unwarranted claims for any product or service and/or defamatory statements;
(c) constitute, amount to or be deemed an unfair practice under the Consumer Protection (Fair Trading) Act; or
(d) be otherwise contrary to any statute or law of any country or state.
For the avoidance of doubt, each Mediacorp Entity shall be entitled to rely on the foregoing warranties and shall have no duty or obligation whatsoever to confirm the accuracy or veracity of such warranties.
7.2All Advertising Materials are supplied and delivered to the relevant Mediacorp Entity at the Advertiser’s and the Agency’s sole cost and risk, and such Mediacorp Entity will not be responsible for any loss or damage to the Advertising Materials howsoever caused. Each Mediacorp Entity reserves the right to destroy all Advertising Materials after a period of one (1) month from their receipt, unless otherwise agreed in writing by the relevant Mediacorp Entity.
8. Payment Terms
8.1 Payments for advertising and all other fees payable by the Advertiser and Agency shall be paid by cash in advance to the relevant Mediacorp Entity, unless the Advertiser or Agency is accredited, in which case the accredited Advertiser or Agency shall make payment within 30 days from the date of invoice. For the avoidance of doubt, invoices may be issued by MCNI or MPL at their sole discretion, and at any time whether before or after the broadcast or publication of the advertisements in question and the Advertiser and the Agency shall be jointly and severally liable to pay all advertising fees to MCNI or MPL (as the case may be) in accordance with the invoices issued.
8.2 The Advertiser and Agency shall be jointly and severally liable to pay all advertising fees incurred through bookings with the Mediacorp Entities. Failure of payment shall render the Advertiser and Agency jointly and severally liable for all sums due, together with all legal costs on an indemnity basis incurred in collecting such sums. Where the Agency is an Accredited Agency, the Mediacorp Entities shall be entitled to claim against the Banker’s Guarantee(s) furnished by the Agency to any Mediacorp Entity upon breach of the Advertiser’s payment obligations herein, without prejudice to any other right or remedy which the Mediacorp Entities may have hereunder, under law, in equity or otherwise.
8.3 Advertising fees shall be charged based on the rates set out in the rate books/cards of each Mediacorp Entity. These rates may be changed at any time by any of the Mediacorp Entities, and are exclusive of any applicable goods and services tax and any other taxes and/or duties which may from time to time be imposed in accordance with Singapore law. All such taxes and duties shall be payable by the Advertiser and/or Agency (as the case may be) in addition to the rates.
8.4 All payments to be made the Advertiser and Agency shall be made free and clear of and without deduction or deferment in respect of any demand, set-off, counter claim or other dispute or in respect of any foreign withholding or other taxes or duties of any nature. If the Advertiser and/or the Agency (as the case may be) is required by law to make any deduction or withholding from any amount payable under the advertising, sponsorship and production agreements, it shall increase the amount payable so as to ensure that the relevant Mediacorp Entity receives, and is entitled to retain, after such deduction or withholding, a sum which it would have received and be entitled to retain had that deduction or withholding not been required.
8.5 Without prejudice to the rights, powers and remedies of the Mediacorp Entities at law, in equity or otherwise, interest at the rate of 1% per month or the maximum rate of interest permitted under the laws of Singapore (whichever shall be the lower) shall be payable on any money that is due but unpaid by the Advertiser or Agency. Such interest shall be computed from the due date for the payment until full payment is received.
8.6 Whenever any sum of money shall be recoverable from or payable by the Advertiser or Agency under any advertising agreement with a Mediacorp Entity, the same may be deducted from any sum then due or which at any time thereafter may become due to the Advertiser or Agency under the same advertising agreement or any other contract with any other company within the Mediacorp group of companies. Exercise by a Mediacorp Entity of its rights under this Clause shall be without prejudice to any other rights or remedies available to such Mediacorp Entity under the relevant advertising agreement, or otherwise howsoever, at law or in equity.
9. Ownership of Advertisements/Programmes Produced by Mediacorp Entities
9.1 All rights, title and interest (including without limitation copyright) in (a) the advertisements, commercials, trailers, interstitials and other productions produced by a Mediacorp Entity for the Advertiser or Agency; and/or (b) any programme, event and/or event production sponsored and/or commissioned by Advertiser or Agency, shall belong to and shall vest solely in such Mediacorp Entity, who shall be entitled to their unlimited use in whatsoever way it deems fit, and the Advertiser and Agency hereby assigns any and all rights, title and interests it may have (if any) in any and all such productions to such Mediacorp Entity, and undertakes to execute any further documents in order to procure or perfect this transfer and/or such Mediacorp Entity’s ownership of the same. For the avoidance of doubt, Advertiser and Agency acknowledge that such production shall only be broadcast and/or publish on such Mediacorp Entity’s media platform upon payment by the Advertiser and Agency of the requisite advertising fees. The Advertiser and Agency is expressly prohibited from using the productions on any other media platforms or in any other manner without obtaining such Mediacorp Entity’s express prior written approval, subject to payment of a fee and such other terms and conditions to be agreed between the parties.
9.2 In respect of any television programmes sponsored by the Advertiser (the “Sponsored Programmes”) which are hired/licensed for broadcast on any Television channel(s), the playing rights in the Sponsored Programmes hired/licensed for any broadcast are limited to one performance only, unless otherwise agreed and special rates charged, and no property in them shall pass on to the Advertiser or Agency. If the Sponsored Programmes are supplied by the Advertiser, the Advertiser shall deliver it to the Mediacorp Entity free of cost and pre-paid return mailing charges. The Mediacorp Entity shall not be liable for any loss or damage to the Sponsored Programmes while it is under its control.
9.3 The Agency and Advertiser is required to give a minimum of 2 Working Days written notice of cancellation of any studio recording sessions. Any cancellations received after such time shall be subject to a cancellation fee of S$500. For any cancellation of production orders, the Agency and Advertiser shall also be jointly and severally liable to pay for all work done and any third party production costs incurred by any Mediacorp Entity up to the date of cancellation.
10. Additional or Replacement Agency
10.1 Where the Advertiser appoints an additional agency or the Agency is replaced by a new agency (a “new agency”, and wherever the Agency is referred to in these General Terms and Conditions, the term shall include such new agency unless the context does not permit it), both the Advertiser and Agency shall be liable for all Booking Requests submitted by the new agency. For the avoidance of doubt, the Advertiser and all Agencies appointed by the Advertiser (whether existing or new agency) shall be liable for all Booking Requests submitted by the Advertiser or by any agency authorised by the Advertiser and/or such Agency to submit such Booking Requests.
10.2 The Advertiser must procure the new agency to agree to be bound by these General Terms and Conditions and to assume all the duties and obligations of the original Agency under the Media Booking Form(s) (in the case of a replacement) as if it were a party thereto, provided that the Mediacorp Entities may (but shall not be obliged) to accept Booking Requests submitted by a new agency even if such agreement has not been obtained from the new agency and the Advertiser and Agency shall remain liable for all bookings placed by such new agency. No Mediacorp Entity shall be responsible for any matter or dispute between the Advertiser and its agencies arising from any addition or change of the Advertiser’s agencies.
11. No Transfer, Cancellation or Extension
Each of the Advertiser and Agency shall not assign or transfer any of its rights or obligations hereunder or extend the Booking/Campaign Period specified in the Media Booking Form without the prior written consent of the relevant Mediacorp Entity. Each Mediacorp Entity shall be entitled to freely assign or transfer any of its rights and/or obligations under the Media Booking Form(s) to any third party at its absolute discretion by written notice.
12. Indemnity
12.1 Without prejudice to any right or remedy which the Mediacorp Entities may have under law, in equity or otherwise, the Advertiser and the Agency shall be jointly and severally liable to indemnify and keep indemnified each Mediacorp Entity and all its related corporations and affiliates (each an “Indemnified Party”) from and against any and all claims, demands, liability, legal proceedings, damages, losses, costs and expenses (including legal fees on a full indemnity basis) which may arise or occur or be taken or sought against or incurred or suffered by any Indemnified Party as a result of or in connection with the non- performance or defective or negligent performance by the Advertiser or Agency of any of its obligations hereunder or any breach of its warranties hereunder.
12.2 No Mediacorp Entity shall be liable to any third party for any promises, representations, warranties, offers or gifts, implied or otherwise (“representations”) made by, for or on behalf of the Advertiser and/or Agency in connection with its advertisements or promotions. The Advertiser and Agency shall be jointly and severally liable to indemnify each Mediacorp Entity against any third party claims or liabilities which may be suffered by or incurred by a Mediacorp Entity arising from such representations.
13. Limitation of Liability
13.1 To the fullest extent permitted by law, no Mediacorp Entity shall be liable to the Advertiser or Agency for any indirect, consequential, incidental, special, exemplary or punitive damages (including without limitation lost revenues or profits) suffered by the Advertiser and/or the Agency arising out of its breach of any provision of these General Terms and Conditions or any other act or omission by it in relation to the advertising services provided to the Advertiser or Agency, and whether asserted in contract, tort or otherwise, even if it has been advised of the possibility of such loss or damage. Without prejudice to the foregoing, no action regardless of form arising out of or in connection with the advertising services provided by a Mediacorp Entity may be brought by the Advertiser or Agency against such Mediacorp Entity more than one (1) year after the cause of action has accrued.
13.2 Each Mediacorp Entity shall only be liable for claims arising out of advertisements placed by the Advertiser and/or Agency on its own platform, and shall not be liable for any claims arising out of advertisements placed on the platforms of other Mediacorp Entities. The Advertiser and Agency shall not make any claim or demand or commence any legal proceedings against any Mediacorp Entity in relation to advertisements placed on another Mediacorp Entity’s platform.
13.3 To the fullest extent permitted by law, each Mediacorp Entity’s aggregate liability to the Advertiser and the Agency for any claims, liability or damages arising out of or in connection with any advertisement shall be limited in aggregate to the amount of fees that the Advertiser and/or the Agency has paid to that Mediacorp Entity for such advertisement.
14. Confidentiality
The Advertiser and Agency understand and agree that any and all information, materials, data, rates, booking, sponsorship and/or package details, disclosed by any Mediacorp Entity to the Advertiser and/or the Agency, whether in oral or written form, (“Confidential Information”) is of a strictly secret and confidential nature and the Advertiser and Agency jointly and severally undertake not to disclose, communicate or otherwise release to any other third party any such Confidential Information.
15. Force Majeure
Notwithstanding anything else contained herein, no Mediacorp Entity shall be liable for any delay in performing or any failure to perform its obligations hereunder or under any other agreement with the Advertiser or Agency if such delay or failure is caused by a Force Majeure Event. For the purpose of this Clause, a “Force Majeure Event” shall include, but not be limited to, strikes, lock-outs, or other labour disputes, riots, civil disturbances or commotion, change of applicable laws, action or inaction of government authorities or suppliers, fire, flood, delay in or lack of transportation, public disasters, natural disasters, epidemics, wars, embargoes, acts of God or other catastrophes, acts of terrorism, failure or breakdown of machinery, computer systems or network failures, power failure or outages, failure of artistes to appear, or any cause or event beyond the reasonable control of such Mediacorp Entity.
16. Termination
Any advertising agreement may be terminated by the relevant Mediacorp Entity (i) upon giving at least seven (7) days prior notice to the Advertiser and/or Agency, or (ii) immediately upon any breach or default on the part of the Advertiser or Agency which has not been remedied within three (3) days after notice by the relevant Mediacorp Entity to the Advertiser or Agency to remedy the same. Upon termination, any Booking Requests for the time being not fully performed by any Mediacorp Entity shall, to such extent, be deemed cancelled and such Mediacorp Entity shall have no further obligation or liability to the Advertiser or Agency thereon save to refund the monies prepaid for any unperformed services. Save as aforesaid, the termination of an advertising, sponsorship agreement or production agreement shall be without prejudice to any of the accrued rights and liabilities of the parties thereto.
17. Notices and Communications
All notices, orders, approvals, instructions and other communications required to be given in writing between the parties shall be delivered by hand or sent by mail or facsimile to the address or facsimile number of the intended recipient, as each party may from time to time have notified the other party or parties in writing. Subject to the foregoing, notices and communications shall be deemed to have been duly given (i) if sent by mail, 48 hours after posting, (ii) if delivered by hand, on the date of delivery, or (iii) if sent by facsimile, at the time of transmission. In addition, any notices, orders, approvals, instructions and other communications required to be given in writing by any Mediacorp Entity may also be sent by email, to such email address(es) as may be provided by the Advertiser and/or Agency from time to time.
18. Amendment
These General Terms and Conditions may be amended, varied or supplemented at any time. Such amendment, variation or supplement shall take effect from the date when amendments are uploaded onto the relevant website.
19. Waiver
No failure or delay on the part of any Mediacorp Entity to exercise any right hereunder shall operate as a release or waiver thereof, nor will any single or partial exercise of any right hereunder preclude any other or further exercise of it. The rights and remedies provided herein are cumulative and not exclusive of any right or remedy provided under law, in equity or otherwise.
20. Severance
In the event that any provision of these General Terms and Conditions is determined to be invalid, unlawful or unenforceable to any extent, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Governing Law
All advertising agreements with the Mediacorp Entities shall be governed by and construed in accordance with Singapore laws and the parties hereby submit to the non-exclusive jurisdiction of the Singapore courts. Unless expressly provided to the contrary, any person who is not a party to such advertising agreement (other than the Mediacorp Entities) shall have no right to enforce any of the terms of such advertising agreement under the provisions of the Contracts (Rights of Third Parties) Act (Cap. 53B).