Terms & Conditions of Usage of the IPM Seal
- The IPM Seal is a simple logo which the IPM may award to promotions which have been seen and reviewed by the IPM’s Legal Advisory Service (LAS) and are deemed to comply with the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (“The Seal”). The Seal is awarded in respect of a specific promotion and the materials which have been reviewed by the LAS, and contains the promotion’s unique reference number.
- The LAS must see all final artwork and all communication elements of the promotion which are relevant to the award of The Seal.
- It is a fundamental principle of the United Kingdom (UK) system of self-regulation that the promoter is responsible for all aspects of a promotion. It is, therefore, a condition of using The Seal that all parties to a promotion recognise this. A director or other senior executive of the agency/client applying to use The Seal (the “Applicant”) warrants, on behalf of the Applicant, that there will be no later changes to finished artwork which will be published or distributed without first being checked by the LAS and deemed to comply with the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing.
- A director or other senior executive of the Applicant warrants, on behalf of the Applicant, that the fulfilment aspects of the promotion will be carried out with all due diligence and in full conformity with the law and the requirements of the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing, a copy of which is available via www.cap.org.uk.
- The Seal relates only to the UK. It is not, therefore, to be used in relation to promotional campaigns in any other country. Where a UK campaign unavoidably crosses national frontiers with common packaging and/or common communication elements, a director, or other senior executive of the Applicant, warrants, on behalf of the Applicant, that the campaign will meet all legal and Code of Practice requirements in those countries where The Seal will appear.
- The decision as to whether and where a promotion can carry The Seal and the terms on which it is carried is that of The IPM alone.
- The Seal must be shown in the form approved and designated by The IPM. Failure to do so will render the use of The Seal unauthorised with the consequences set out below.
- The Seal is awarded in respect of specific promotions and specific materials. It cannot be used against promotions or materials other than that for which it is awarded, unless they are awarded The Seal separately. It cannot be used in a way that suggests or implies that the Applicant has been given an endorsement as a corporate entity as opposed to a specific promotion. Any misuse of this kind will lead to the use of The Seal being regarded as unauthorised.
- Any unauthorised use of The Seal or any failure to comply with the requirements set out above will result in immediate cancellation of the licence to use The Seal for that promotion, together with a 12 month prohibition on using The Seal on any promotion for that Applicant as well as possible disciplinary action by the IPM. Any non-member of the IPM who makes unauthorised use of The Seal will be referred to the relevant trading standards department for possible enforcement action under the Consumer Protection from Unfair Trading Regulations 2008 and/or the Business Protection from Misleading Marketing Regulations 2008.
- It is a condition of being granted the use of The Seal that details of the relevant promotion which is the subject of the award of The Seal will be given on The Seal microsite. These details will include the name of the promotion, the relevant brand name, company name and the duration of the promotion.
- Fees apply to use the LAS advice and review service (“LAS Service”). Applicants which are members of the IPM will not be charged any additional fee above cost of the LAS Service to use The Seal. Applicants which are not members of the IPM shall pay to the IPM an additional £200 excluding VAT promptly, and within 30 days of the date of invoice. The IPM reserves the right to refuse to undertake further work from an Applicant, and to withdraw the licence to use The Seal in the event that invoices are overdue. The IPM reserves the right to charge interest at the rate of 4% over base rate of HSBC on any overdue sums, calculated on a daily basis.