Media Placement is a term that refers to the process of guiding a client through the proper placement and positioning of their media to maximize the results of marketing efforts. The term Media Placement was first coined by David P. Norton in his book, Artist Placement: An Artist's Guide to Marketing and Adoption. The term was later adopted by Aptv, a digital video surveillance company in the early nineties as their brand name. Nowadays, Media Placement is a common expression that includes strategic planning, creative branding, and strategic alliances. It also includes strategic planning, creative branding, and strategic alliances.
When a client agrees to use Media Placement, it is a win-win situation for all parties involved: the placement company, the client, and traditional media. Traditional media placement refers to the advertising agency services utilized by agencies such as TV commercials, radio spots, Internet marketing, film and video production, and even news coverage. All of these methods can greatly influence the results of any given campaign. But what if one of those techniques did not work? Well, how does the advertiser handle that?
The advertiser does not want to place their media outside of the borders of their own website, or infringe upon another company's copyrights. Placing Media Placements outside of the company's website may prevent the company from receiving ad revenue for Media placements on other websites, which is also an infringement of copyright. When an advertiser requests a Media Placement outside of the website, or uses a third party to do so, they are actually requesting an unfair duress.
Placement inside the site may cost significantly less to achieve a positive result. But using an agency to place the Media Placements there may incur certain costs incurred by the agency. These costs may either be direct, like the costs incurred by employing employees to place the Media Placements, or indirect, such as the costs incurred by the advertising agency to place the Media Placements. Any increase in costs incurred by the advertising agency, or the request of a third party to place Media Placements outside of the company's website is an unfair and unprofessional practice under the laws of this country.
If a Media Placement is found to be an unfair and unprofessional act, then it is incumbent upon the advertiser and the company to seek counsel from a qualified attorney experienced in Media Law. There are certain requirements that must be met in order to move forward with such a dispute. Under Federal Trade Commission regulations, it is the responsibility of the advertiser to notify the company that they are considering taking such a position, and that such a position violates the company's or advertiser's policies. Failure to do so is a breach of the agreement reached in connection with the Placement Agreement.
Upon receipt of the notification from the advertiser in connection with such a matter, the third party shall cease all transmissions to, use of, or access to, by means of any electronic or other means of communications, of the confidential information contained in the mailbox of the recipient hereunder. Failure to take such action shall not prevent the third party from taking any action to recover damages for the disclosure of confidential information to others. In addition, a corresponding notice must be provided to the intended recipient hereunder. Failure to comply with the requirements hereunder shall not affect the enforceability of any claim of liability against the disclosure provider hereunder.
The intended recipient hereunder has the right, as well as the obligation, to receive written notices from time to time about Media Placement by the third party. Such written notices shall be provided to the recipient at his/her first, third and fourth parties. If the third party fails to comply with the requirements outlined hereunder and if any damages are sustained by the recipient hereunder as a result of such failure, then the indemnified shall reimburse to the third party all costs incurred by such party as a result of such failure. If the third party fails to comply with the requirements outlined hereunder and if either such party or the indemnifier is forced to go into court as a result of such failure, then the owner/practitioner of the third party (who was the subject of the claim) or the owner/practitioner of the media will have no claim against the other party (the subject of the claim). Further, if the owner/practitioner of the media fails to abide by the provisions of this agreement, then such person shall be deemed to have waived his rights and the claim will no longer be maintained against the owner/practitioner hereunder.
Any reference to the effective date hereunder is only made to illustrate the date on which an agreement is entered into between the Media Placement Company and the person who receive the communications from the Media Placement Company. Such date is not to indicate or predict when an agreement may be terminated. Any reference to the expiration or lapse of any term commencing on a date herewith or commencing six months after the effective date hereunder, inclusive of the reasonable vacation time hereinafter described in this agreement, is intended to illustrate that such expiration or lapse may occur.