ASC Circular 2024-008 – Inclusion of Validity Period on Endorsement Contract and Music Certificates

The ASC is issuing this circular to remind everyone of the updated rule regarding endorsement contacts and music certificates which is part of the updated ASC Code of Ethics and Standards implemented last April 29, 2024.

Endorsement affidavits, talent contracts and music certificates SHOULD indicate the validity period of the contract/agreement for the following reasons:

1. Compliance and Consistency: It ensures consistency and compliance with agreed-upon terms between advertisers and talent agencies, music producers, composers, or arrangers.
2. Protection of Production Sector: The absence of validity dates has led to instances where advertisements have aired beyond the agreed validity period, causing financial and reputational implications to the production sector.
3. Promotion of Ethical Business Practices: By enforcing the inclusion of validity dates, we aim to promote ethical business practices within the advertising industry and uphold the integrity of contractual agreements.

Guidance for Compliance

1. Important Details: Endorsements and music certificates should clearly indicate the validity period of the contract/agreement.
2. Basis for Clearance: The agreed validity period stated in the contract/agreement/certification can be one of the bases for the ASC clearance validity date.

1. 1. If the validity period stipulates, for instance, “xxx months from the first airing, posting, or display date,” the applicant must include a certificate signed by either the Media Director or a high-ranking official from the Advertiser (VP level or higher) specifying the exact date of the first airing, posting, or display. This date will be used as a reference point in counting the xxx-month validity period of the clearance.
   2. If the validity period stipulates, for instance, “xxx months from approval of final material,” the applicant must submit a certification when the approval of the final material was done. This date will be used as reference point in counting the clearance validity period.

Your kind understanding and cooperation in implementing this requirement will be much appreciated.

Thank you for supporting self-regulation!