Terms and Conditions

I. SUBJECT

1.1. These General Terms and Conditions govern the relations regarding the broadcasting of commercial communications in the program of Visible and Invisible TV (VNT) between advertisers and Avant-garde International Media LLC, registered in the United States, Wyoming, Sheridan 82801, 1309 Coffeen Avenue, Suite 2597, website www.vnt-tv.com (“the Operator”).

1.2. Commercial communications within the meaning of these General Terms and Conditions are all forms of advertising permitted by law, including advertising clips, sponsorship, television shopping, product placement, etc.

1.3. The specific parameters for broadcasting commercial communications are regulated in an individual contract (“the Contract”), concluded in writing between the Operator and the advertiser, which regulates the form of the broadcast commercial communications, the advertised persons, goods and/or services, the number, period and time of their broadcasting, the financial relations between the parties and other applicable conditions.

1.4. The advertiser undertakes, in case of concluding a Contract through the mediation of an advertising or media agency, to provide the Operator in writing with a Letter of Assignment, signed by the advertiser and the advertising/media agency, which shows the assignment of the advertising campaign to the respective agency and its right to negotiate the broadcasting of commercial communications on behalf of the advertiser. In such cases, the advertiser and the advertising/media agency are jointly and severally liable to the Operator for the obligations under the Contract. The Operator is not a party to the internal relations between the advertising/media agencies and the advertiser. Unless expressly stated otherwise in these General Terms and Conditions, the term “advertiser” also includes and refers to the respective agency.

II. REQUIREMENTS FOR COMMERCIAL COMMUNICATIONS

2.1. The advertiser is responsible for and provides for broadcasting only such commercial communications that are in accordance with and meet the requirements of the current legislation, including: the Radio and Television Act; the Protection of Competition Act; the Health Act; the Copyright and Related Rights Act; the Trademarks and Geographical Indications Act; the Consumer Protection Act; the Personal Data Protection Act; the Tobacco and Tobacco Products Act; the Protection against Discrimination Act.

2.2. In the event that the commercial communications concern goods or services whose production or trade is subject to a licensing regime under Art. 9, para. 1, item 2 of the Act on the Restriction of Administrative Regulation and Administrative Control over Economic Activity or for whose advertising a permit is required, the advertiser undertakes to provide the Operator with the relevant license or permit in advance.

2.3. The advertiser guarantees and declares that:
a) it holds all rights to conclude the Contract;
b) it holds all rights to use (including to advertise through television advertising) the products, services, names and trademarks included in the commercial communication, the broadcasting of which it assigns;
c) the commercial communications are not and do not contain any protected works included in the repertoire of collective management organizations (Musicauthor, Filmauthor, Prophon, etc.);
n d) it has all rights to use (including to advertise through television advertising) the images, music, literary, video and other protected works included in the commercial communications, as well as the images of the persons advertising the product;
e) it has fully settled the relations in connection with the use (including television broadcasting) of the commercial communication with the authors and with all holders of copyright and related rights whose works and performances are included in the commercial communication;
f) it has duly settled and paid in full all rights, fees, royalties and remunerations to all rights holders, including copyright and related rights, in connection with the use, broadcasting and distribution (regardless of the technology used and in any way, including by cable, wireless, satellite or other technical means) of the commercial communications in the program of Visible and Invisible TV (VNT), including in its distribution by cable and/or satellite.

2.4. The advertiser undertakes, upon request, to provide the Operator with the relevant written documents and declarations proving the fulfillment of the requirements of the preceding provision.

2.5. The Operator has the right to refuse and/or stop broadcasting commercial communications without being liable for this, in case they violate or there is a risk of violating the provisions of this section II.

2.6. All damages and costs incurred by the Operator and/or third parties in connection with non-fulfillment or violation of the guarantees or provisions of this section II are entirely at the expense of the advertiser.

2.7. In the event that the broadcasting in the program of Visible and Invisible TV (VNT) of the commercial communication provided by the advertiser is assessed by a regulatory or other competent authority as a violation of the current legislation or the rules established in the country and this leads to the realization of administrative and penal liability of the Operator and/or a third party, the advertiser undertakes to compensate the Operator and/or such a third party for the damages suffered in connection with the violation.

III. BROADCASTING OF COMMERCIAL COMMUNICATIONS

3.1. The scheme for broadcasting commercial communications, including their form, number, period and time of broadcasting, shall be agreed between the parties in the Contract or in written agreements thereto.

3.2. Changes to the already agreed broadcasting scheme can be made by agreement between the parties within 7 working days before the date of the planned broadcasting.

3.3. In addition to what is agreed in the preceding point, the Operator may make changes to the broadcasting scheme of commercial communications due to changes in the program scheme of Visible and Invisible TV (VNT), in which case it shall promptly notify the advertiser.

3.4. Commercial communications should be in Bulgarian or, if in a foreign language, have Bulgarian subtitles. The advertising blocks associated with a given program are the one before the program itself and all those that interrupt it.

3.5. The advertiser shall provide the Operator with the ready-to-air commercial communications no later than 7 working days before the date of their planned broadcasting with a quality suitable for television broadcasting and on a suitable carrier. The Operator is not responsible for the quality of the commercial communications provided to it and their carrier. In the event that technical defects are found in the submitted commercial communications and/or their carrier, the Operator has the right to require the advertiser to eliminate and correct them, which is at the latter’s expense.

3.6. The Operator shall ensure the appropriate technical quality of the broadcasting of the program of Visible and Invisible TV (VNT), but does not guarantee the quality of the signal reception.

3.7. The advertiser grants the Operator the right to broadcast the commercial communications and to include them in the program of Visible and Invisible TV (VNT), including in its broadcasting and distribution, including by wireless means, by cable, satellite and through other technical means for the purposes of the performance of the Contract.

3.8. The Operator has the right to stop the broadcasting of a certain commercial communication without being liable and without being obliged to return any amounts paid for it, if it considers that it contradicts the requirements of the applicable legislation, the provisions of this contract or that there are reasonable doubts that it violates someone’s rights or legitimate interests. Such commercial communications should be revised or replaced by the advertiser at its own expense with proper ones.

IV. PRICES AND METHOD OF PAYMENT

4.1. The broadcasting of commercial communications in the program of Visible and Invisible TV (VNT) is paid. Unless otherwise agreed in the Contract, the prices for broadcasting commercial communications are determined as follows:
a) in accordance with the Advertising Tariff of Visible and Invisible TV (VNT) adopted by the Operator and in force on the date of conclusion of the Contract – for broadcasting schemes that are prepaid in advance at least 70% (seventy percent);
b) in accordance with the Advertising Tariff of Visible and Invisible TV (VNT) adopted by the Operator and in force on the date of broadcasting of the commercial communication – for all other agreed broadcasting schemes. In this case, in the event of a change in the Advertising Tariff of Visible and Invisible TV (VNT), the advertiser may choose to renegotiate the broadcasting schemes so that they correspond to the price previously agreed for the respective scheme.

4.2. The advertising tariff of Visible and Invisible TV (VNT) is an integral part of these General Terms and Conditions. Changes in the Advertising Tariff shall enter into force on the date of publication of the new Advertising Tariff on the website of Visible and Invisible TV (VNT), and for advertisers with existing Contracts – 14 days after the date of receipt of a notification from the Operator of the amendment of the Advertising Tariff.

4.3. The prices indicated in the Advertising Tariff and/or in the Contract do not include VAT, which is charged in accordance with the applicable legislation.

4.4. Payment of remuneration for broadcasting commercial communications is in advance, and the advertiser undertakes to pay the respective remuneration to the Operator within 7 days from the date of conclusion of the Contract or of agreeing on the respective broadcasting scheme.

4.5. Payments to the Operator shall be made to the latter’s bank account.

4.6. The Operator has the right, without being liable and without being obliged to pay compensation, to stop the broadcasting of commercial communications under agreed schemes for which the advertiser has not fulfilled its monetary obligation to the Operator.

4.7. The advertiser has the right to file a complaint regarding the broadcasting of a commercial communication within 3 months from the beginning of the broadcasting of the respective broadcasting scheme, but not later than 2 months from the date on which the commercial communication was supposed to be broadcast. In this case, the Operator may provide a copy of the recording of the broadcast commercial communication. In the event that the advertiser does not file a complaint within the specified period, the parties agree that the advertiser has no objections in connection with the broadcasting…

V. LIABILITY

5.1. In case of non-broadcasting of a commercial communication at the agreed time due to the fault of the Operator, the latter undertakes to compensate the broadcasting at an equivalent time and in reasonable terms. In the event that such an omission relates to the broadcasting of more than 20% of the commercial communications agreed between the parties, the advertiser has the right to refuse compensation, to terminate the Contract, and to demand from the Operator a refund of the amounts for such non-broadcast commercial communications together with the statutory interest from the date of their payment, in case they were prepaid.

5.2. In the event that the Contract (including the agreed broadcasting schemes) is terminated before its full performance due to the fault of the advertiser, the latter shall be obliged to return the discounts provided with the Contract, and the price of the commercial communications actually broadcast until the date of termination of the Contract shall be recalculated according to the applicable Advertising Tariff of Visible and Invisible TV (VNT) without applying the discounts, thus forming the final price due under the Contract. In the event of such termination due to the fault of the advertiser, the latter shall also owe the Operator a penalty in the amount of 10% (ten percent) of the unfulfilled part of the Contract.

5.3. In case of delay in payment of due amounts, the guilty party shall owe a penalty for delay in the amount of 0.1% (zero point one percent) of the due amount for each day of delay until its final payment, but not more than 20% of the same.

5.4. Each party undertakes to defend and indemnify the other party for all damages and costs of the latter arising from claims of third parties, including regulatory authorities, which claims arise from or are related to the non-fulfillment of obligations of such indemnifying party arising from the law or from this contract.

5.5. Neither party shall be liable for non-performance of its obligations if it is due to force majeure. The party in delay cannot invoke force majeure. The party invoking such force shall notify the other party in writing within 3 working days of what the force majeure consists of and its possible consequences for the performance of the Contract. In this case, the performance of the Contract shall be postponed until the force majeure ceases. In the event that the force majeure lasts for more than 30 (thirty) days, each party may terminate the Contract in writing, unilaterally and without notice, without being liable for damages and penalties to the other party.

VI. CONFIDENTIALITY

6.1. The parties shall keep the company and trade secrets of the other party confidential and shall not disclose confidential information of the other party, except with its consent or for the performance of statutory or contractual obligations.

6.2. Confidential information shall be considered to be the information: contained in the Contract; expressly marked as confidential; related to the organization and activities of the other party, its trade secrets, know-how, best practices, pricing policies; as well as any other information that can reasonably be considered confidential.

VII. GENERAL PROVISIONS

7.1. By signing the Contract, the parties shall designate contact persons and correspondence addresses, including email addresses. All notifications between the parties shall be made in writing (by personal delivery, by registered mail or by fax) to the respective correspondence addresses and shall be deemed to have been made on the date of their delivery. The written form shall be deemed to have been observed also when using email to the email addresses specified in the Contract, except in cases of: a) amendments to the Contract, its annexes and these General Terms and Conditions; b) communications in connection with the termination of the Contract. In the event that one of the parties changes its contact details, it shall be obliged to immediately notify the other party of the change, otherwise the sent communications shall be deemed to have been validly delivered to the last known contact details.

7.2. Amendments and supplements to the Contract shall be made in writing between the parties.

7.3. In the event that any or some of the provisions of the Contract or these General Terms and Conditions violate mandatory provisions of the applicable law or become invalid during their term, their invalidity shall not affect the other provisions and shall not lead to the invalidity of the entire Contract. Such invalid provisions shall be replaced by clauses that are valid and as close as possible in content to the invalid provisions.

7.4. The contract between the parties shall enter into force on the date of its signing.

7.5. The Operator has the right to make changes to these General Terms and Conditions. The Operator shall notify the advertiser with an existing Contract in writing of any changes to the General Terms and Conditions, and the latter shall have the right to express its written disagreement with the changes within 14 days of receipt of the notification. In the event that the advertiser does not express its written disagreement within this period, the changes shall enter into force and shall apply to the respective Contract. For all other persons, the changes shall enter into force on the day following the day of publication of the new General Terms and Conditions on the website of Visible and Invisible TV (VNT).

7.6. For matters not settled in the Contract and these General Terms and Conditions, the provisions of the current legislation in the Republic of Bulgaria shall apply. In the event of a dispute that cannot be resolved by agreement between the parties, it shall be referred for resolution to the competent court in the city of Sofia.

These General Terms and Conditions are adopted and enter into force on January 1, 2024.