Advertising Vetting

Pennsylvania Association of Criminal Defense Lawyers
 
Section:              Budget and Financial  
Title:                    Advertising and Sponsorship Policy
Adopted:             February 22, 2018
 
Purpose of the Statement of Policy: The Pennsylvania Association of Criminal Defense Lawyers (“Association”) intends to set forth the eligibility requirements, advertising and sponsorship placement and link specifications, and review process in this policy (“Policy).  This Policy shall apply to its website(s) including www.pacdl.org; online and print magazines and newsletters such as For The Defense; collateral materials; and any of the Association’s print and electronic publications.

1.Definitions.

1. "Advertising" and "advertisement" refer to the provision of space to promote products or services in exchange for payment or other consideration. Examples of online advertising include banners, buttons, and any other type of promotional consideration, fixed or animated, with or without hyperlinks.
2. "Advertorials" refers to advertising where the client has sole editorial input. PACDL does not offer advertorials in any of its publications or on its website in the form of an advertorial.
3. "Editorial content" means content that is not advertising.
4. “Feature sponsor” refers to a sponsor who has provided a financial grant or contribution to promote a specific area, feature, component or object of an event, usually within a high traffic area.
5. "Professional publications" refers to publications whose primary focus is to provide non-legal information on professional issues of interest to the criminal defense bar.
6. “Related organizations” are organizations that stand in a parent/subsidiary relationship, brother/sister relationship, sponsoring organization of or contributing employer to the Association, or supporting/supported organization relationship. For purposes of this policy, Association shall include related organizations.
7. “Premium placement” of a publication refers to the inside front cover (IFC), inside back cover (IBC), center spread, back cover (BC) or advertising within the far forward (first 1/3) of the publication. Premium placement for an event refers to areas of high traffic booth placement, prominent logo placement or advertising placement in programs or other related communications associated with an event.
8. "Scholarly publications" refers to publications that are peer-reviewed, criminal defense-focused, and provide primarily legal and research-based content targeting criminal defense attorneys.
9. “Sponsor” and "sponsorship" refers to financial grants or other contributions for print and online publications, products, events and services that assist with the production or promotion of publications, products, events or services. In return, the support of the sponsor is publicly recognized for a specified time. 

 
2.Core Principles.  Advertising and sponsorship opportunities are pursued only if they do not impede the core principles of editorial independence, integrity and credibility, institutional integrity and are consistent with the Association’s mission, vision and values.  This Policy shall be applied to ensure adherence to these core principles, to determine the eligibility of sponsors, products and services for advertising and sponsorships, and to ensure that any sponsorship relationship is relevant, transparent and mutually beneficial.  Failure to abide by this Policy may result in the refusal or removal of an advertiser or sponsor at any time.
 

1. Editorial independence.(i) Editorial decisions are not influenced by advertisers or sponsors and are made without consideration of the advertising or sponsorship scheduled to appear. Sponsors and advertisers may not determine specific editorial content, influence editorial decision-making or review any material prior to publication. (ii) Advertisements and sponsorships may not be sold on the condition that specific editorial content will be subsequently produced. (iii) Advertisements and sponsorships may not be accepted where the fact of the advertisement or sponsorship would raise a reasonable inference of influence on editorial content or decision-making, or the Association’s endorsement of a sponsor, advertiser or its products or services. (iv) In those cases where the Association endorses a vendor, product or service as an affinity partner or benefit or a preferred supplier, such endorsement shall be clear and transparent. Although readers, sponsors and advertisers may be provided with general information about the editorial content of an upcoming publication (e.g., theme issues, legal practice guidelines, continuing series, supplements, or conference proceedings), specific details about the content are confidential until publication.
2. Integrity and credibility.  The integrity and credibility of the Association and its members are the overriding consideration in all advertising and sponsorship activities. It is in the best interests of the Association, advertisers and sponsors to ensure that the services and products that are placed before the Association’s members are trusted and credible.   

3. Institutional integrity.  All advertisers and sponsors are chosen to reflect the best interest of the Association, its brand, and members. All advertisers and sponsors must embrace the integrity of the Association which operates in a transparent, accountable, decent, and ethical manner.

4. Consistency with vision, mission and values. This Policy is intended to be consistent with the Association’s vision, mission and values listed below.
   1. Vision. Equal Justice Under Law.
   2. Mission. Educate – Advocate – Inspire – by providing support for criminal defense lawyers, promoting effective competence, leveling the playing field, and protecting freedoms.
   3. Values. Excellence, Integrity, Collaboration and Fellowship.

3.Advertising.

1. Eligibility.  
   1. Advertisements must comply with the core principles specified in this Policy and acceptance of advertising is in the sole discretion of the Association.
   2. Advertising space will not be sold on condition that specific editorial content will be subsequently produced.
   3. No advertisement of specific products or services may allow a reasonable inference of a commercial connection or relationship between the advertiser or the products and services and the content of any related publication, website or presentation at an Association event or CLE.
   4. Advertisers and advertisements representing products, services and messages that compete with those offered by the Association are not eligible, provided, however, exceptions may be made.
   5. Advertisements of tobacco products, alcoholic beverages, weapons, gambling or pornography, or of products that violate Association policy, are not eligible.
   6. Advertising must be factually accurate, in good taste, nondiscriminatory, and not misleading.
   7. All advertising shall be clearly identifiable as advertising and shall not be confused with editorial content in format or appearance.
   8. Advertising may not be associated with the Association’s logos, trademarks or other intellectual content or markings without the prior written permission of the Association.
   9. All advertising should meet the appropriate standards for advertising of that product or service under all applicable federal, state and local laws.
   10. An advertiser must acknowledge that its meets the appropriate standards for promotion of that company, product or service under all applicable federal, state and local laws.

 

2. Placement.
   1. Placement of advertising will be governed by the core principles in this policy.
   2. Placement of editorial content adjacent to advertising on the same products or topics is avoided whenever possible in scholarly publications. When a scholarly publication uses designated pages for repeat features (e.g. the lead editorial or to highlight articles of interest in the magazine) any placement of an advertisement adjacent to related editorial content is coincidental. Exceptions may be necessary when a publication dedicates significant editorial space to a theme issue, but such exceptions shall not impede the core principles.
   3. Advertisements for products and services are eligible to be placed adjacent to editorial content on the same topic in professional publications, provided, however, there is no reasonable inference of a commercial connection or relationship between the product or service being advertised, the manufacturer of the products or services and the editorial content of the Association or the endorsement of the advertiser or its products or services.
   4. A regular feature page or section may qualify for long-term advertiser/sponsor provided the specific content of the feature is variable and confidential prior to publication and editorial independence is maintained.
   5. Premium placement in Association publications and on the website, is reserved for specific advertising contracts, dependent on the advertiser’s level of investment. Should there be open premium space, the Association reserves the right to place advertisers in premium spaces at their discretion. 

 

3. Advertisement Links. 
   1. An advertisement may include a link to the advertiser’s corporate website or to the advertiser’s product or service.
   2. An advertisement placed in an Association publication, on its website or on other electronic channels must have the option to click or not click on an advertisement.  No advertisement shall obscure the screen page to the extent that the reader must click on the advertisement to proceed further.
   3. An advertisement shall not send a reader to any other website unless a reader chooses to click on an advertisement link. The destination page must appear in a new window or tab that will be smaller than the originating background page.
   4. An advertiser may not change a linked page in its advertisement during the term of the contract without the Association’s prior review and approval.
   5. Any website to which an advertisement is linked must comply with federal, state and local laws and regulations.
   6. The Association reserves the right to not link or to remove advertisement links to other websites.
   7. The Association does not assume any responsibility for material on the linked site.
   8. The Association’s brand identities including logo may not appear on any other websites or linked pages without the prior written approval by the executive director.

4. Sponsorships.
a. Eligibility.

1. Sponsors must comply with the core principles specified in this Policy and acceptance of sponsorships is at the sole discretion of the Association.
2. Sponsorships will not be sold on condition that specific editorial content will be subsequently produced.
3. Sponsors representing products, services and messages that compete with those offered by the Association are not eligible for sponsorships, provided, however, exceptions may be made.
4. Sponsorships are available to organizations for specific products or services, provided, however, there is no reasonable inference of a commercial connection or relationship between the sponsor or the products and services and the content of any related publication, website or presentation at an Association event or CLE.
5. Sponsor eligibility shall be determined in accordance with the review process. 
6. Sponsorships involving tobacco products, alcoholic beverages, weapons, gambling or pornography, or of services or products that violate Association policy, are not eligible.
7. Sponsorship content, descriptions, correspondence and materials must be factually accurate, in good taste, nondiscriminatory, and not misleading.
8. Advertising received from a sponsor in accordance with its sponsorship shall be clearly identifiable as advertising and must not be confused with editorial content in format or appearance.
9. Sponsors may not use the Association’s logo, trademark or other intellectual content markings without the prior written permission of the Association.
10. A sponsor must acknowledge that it meets the appropriate standards for promotion of that company, product or service under all applicable federal, state and local laws.

 

2. Placement.
3. The relationship between the Association and the sponsor shall be transparent, and in accepting such sponsorship, the Association shall be guided by the core principles in this policy. 
4. The Association may offer and accept single (or exclusive) sponsorships. Single sponsorships for specific products and services are permissible in non-scholarly publications, continuing legal education seminars, conferences or other events, when identified.
5. Sponsors may be single sponsors of features that are closely related to products or services they manufacture or promote.
6. Premium placement at events and in event programs, is reserved for specific sponsorship contracts, dependent on the sponsor’s level of investment. If there is open premium space, The Association may place sponsors in premium spaces at its discretion. 

 

3. Acknowledgment.
   1. The Association determines the final wording and placement of sponsor acknowledgments.
   2. Acknowledgment of a sponsorship may refer to products or services, e.g., "Produced through an unrestricted educational grant from [Organization X], makers of [Product Y]."
   3. The sponsorship acknowledgment may be accompanied by a corporate logo that is linked to advertisements for products or services of the sponsor, provided the sponsor's logo is not more prominent than the size of the Association logo.
   4. The Association will determine the prominence and location of sponsor logos.
   5. Sponsors may refer to the fact of sponsorship, but no characterization of the sponsorship relationship shall be taken or used as evidence of the Association’s endorsement of the sponsor or of any of the sponsor's products or services. PACDL shall work with the sponsor to develop appropriate wording.

 

4. Sponsorship Links. 
   1. Sponsorship may include a link to the sponsor's corporate website or to the sponsor's product or service.
   2. A sponsorship acknowledgment may not send a reader to any other website other than the originating website unless a reader chooses to click on a sponsorship link. The destination web page must appear in a new window that will be smaller than the Association’s originating background page.
   3. The sponsor may not change a linked page without the Association’s prior review and approval.
   4. Any website to which a sponsorship acknowledgement is linked must comply with federal, state and local laws and regulations.
   5. The Association reserves the right to not offer links or to remove links to other websites.
   6. The Association does not assume any responsibility for material on a linked site.
   7. The Association’s brand identities including logo may not appear on any other websites or linked pages without the prior written approval by the executive director.

5. Review process.
a) The executive director shall review sponsorship and advertising applications and contracts for eligibility and adherence to this Policy prior to the Association’s placement of the advertisement or sponsor promotion.   
b) If a sponsorship acknowledgement or advertisement links to a page not on the Association’s originating web page, Association staff shall review the web page prior to posting the sponsorship acknowledgment or advertisement.
d) The executive director, in his/her discretion, may consult with the publication editors, the executive committee, the finance and audit committee, other board members or other persons when determining eligibility and approval.
e) The executive director may refuse any advertising or sponsorship that does not meet the Association’s Policy or for any reason whatsoever at any time.
f) A board member, in accordance with PACDL’s conflict of interest policy, shall inform and disclose to staff and the reviewing committee any conflict or potential conflict that he/she has with a sponsor, exhibitor or advertiser and abstain from voting, recommending or determining their eligibility and/or accepting their advertisement, sponsorship, or participation as an exhibitor.
 
6. Membership Lists.  The Association shall not distribute or provide its mailing list or member contact information to members, advertisers, other organizations or sponsors. Dedicated correspondence on behalf of an advertiser, to the Association’s membership mailing or email list, however, is permissible for a fee that, at a minimum, offsets the cost of the service.
 
7. Review of Policy.  This Policy shall be reviewed by the Finance and Audit Committee every three years. Changes to the policy may occur at any time if there are materials changes, new conditions or circumstances that require modification.