POCMA Develops Standard Terms and Conditions for Point of Care Media Advertising
The Business Need For POC-Specific Standard Terms and Conditions
The overall goal of the Standard Terms and Conditions for Point of Care Media Advertising (“POC Standard Terms”) is to create a fair and balanced document for agencies and point of care media companies to streamline the process.
This goal and the POC Standard Terms themselves are similar to the “Standard Terms and Conditions for Interactive Advertising for Media Buys of One Year or Less (“IAB Standard Terms”).” The IAB Standard Terms have become widely used since developed in 2004. Those terms and other similar terms and conditions that are specific to certain areas of interactive media are, however, a poor fit for the unique environment of point of care marketing that is delivered to patients, caregivers, and healthcare providers in healthcare settings.
To that end, POCMA and its members have determined there is a need for standard terms and conditions specific to advertising and marketing delivered in point of care settings.
The terms and conditions are balanced and were developed by receiving feedback from both point of care media companies and buyers in an open and transparent manner.
Nature and Scope of POCMA’s Standard Terms for POC Media Advertising
The POC Standard Terms are designed to articulate reasonable and acceptable provisions for media companies and agencies serving the POC market, facilitating more efficient contract negotiations. It can be integrated into Insertion Orders and other contracts for services and advertising purchases to represent the shared understanding of doing business between the contracting parties. The POC Standard Terms is also not necessarily intended as an “as is” document. Certain aspects of the terms can be used, and other terms can be left out, and the document can be modified and/or negotiated in any manner that is mutually agreed upon.
This document establishes a structured foundation for the interaction between media companies and agencies. The POC Standard Terms underscores adherence to applicable laws and delineates the responsibilities of both parties in the creation and dissemination of point of care advertisements, with key elements that include definitions, insertion order specifications, ad development guidelines, technical specifications, and protocols for addressing delays or non-performance.
Furthermore, the document covers content approval, exclusivity, target lists, and procedures for mid-campaign changes, emphasizing collaboration and adherence to agreed-upon terms. The document also includes provisions on payment terms, performance assurance, safeguarding of intellectual property, boundaries of liability, confidentiality requirements, data usage and ownership provisions. These clauses were designed to provide clear guidelines and protect the interests of all parties engaged in the agreement.
Overall, the terms are intended to foster a mutually acceptable framework for effective point of care media advertising. They aim to establish a common understanding between media companies and agencies while allowing for flexibility through the ability to provide more specific or overriding terms into an insertion order or by mutually amending the terms for specific business requirements.
The key areas outlined in the POC Standard Terms include:
- Insertion order details – Specifies the elements covered in an insertion order, such as deliverables, media channels, pricing, campaign duration, and guarantees. It outlines the details for media company-developed content if agreed upon.
- Changes to Media Company Properties: Media company commits to providing notice of changes that may impact campaign delivery.
- Content: Details the responsibilities for buyer-provided and media company-developed content. Specifies the approval process, licensing, and the role of disclaimers/disclosures.
- Buyer Delays/Unacceptable Creative: Addresses the impact of buyer delays on campaign timelines and media company’s rights to charge fees or release reserved inventory.
- Collateral Materials: If required by applicable law, i.e., FDA, collateral materials must accompany ads, and Media Company is obligated to deliver, replenish, and provide instructions.
- Replacement Ads: Buyer can submit replacement ads, incurring costs unless replacements fall within the insertion order scope or are required due to media company’s error.
- Exclusivity: If specified, the buyer may have campaign exclusivity within defined parameters.
- Target Lists: Buyer must provide a final campaign target list, and changes during the campaign are accommodated within certain constraints.
- Prior Approval and Notification: Buyer requires prior approval for changes to the campaign target list, with a formal process for submission, review, and response.
- Contract Amendment: Agreed-upon changes to the target list are documented in a formal contract amendment, outlining revisions and associated terms.
- POCMA Verification and Validation Audit: The insertion order may specify annual audits based on the Point of Care Marketing Association’s Guidance to ensure the certified status of the product line.
- Reports on Campaign: Media company is required to confirm the campaign initiation, provide campaign metrics reports, and reconciliation reports if guaranteed deliverables are not met.
- Content Ownership: Advertiser retains ownership and intellectual property rights in advertiser content. Media company retains exclusive ownership of its developed intellectual property.
- Confidentiality Requirements: Defines “Confidential Information” and outlines obligations regarding its protection and use. Exemptions to confidentiality include publicly available information, pre-existing knowledge, and information disclosed as required by law.
- Data Use and Rights: Covers the use and ownership of advertiser data and media company data. Advertiser data is exclusively owned by the advertiser, and media company data is the exclusive property of the media company. Specific usage and storage conditions, including geographical restrictions, are detailed for both types of data.
- Conflicts: States that in case of inconsistencies between an insertion order and the terms, the insertion order prevails.
Seeking Your Input and Insights!
We value your perspective on our POC Standard Terms. Your feedback and questions play a crucial role in refining and enhancing this document to better align with the dynamic nature of the industry.
If you have any thoughts, suggestions, or questions about the POC Standard Terms, we invite you to share them with us. Your input is invaluable, and we are eager to hear from you.
Your contributions will be instrumental as we re-evaluate and update this document in the coming year. Our commitment is to ensure that the POC Standard Terms reflect the evolving marketplace accurately and comprehensively.
Thank you for being an essential part of shaping the standards that guide our industry forward. We appreciate your time and insights!