C.N. - 012
SÃO PAULO, November 9, 2010*
the Bylaws of the Executive Board of the Standard Norms, on article 5, which addresses the social objectives, establishing that CENP, as a means for monitoring advertising activity, will ensure "at the request of and by full adherence to the Standard-Norms for Advertising Activity, the technical and functional status of advertising agencies that work in creative and productive work as well as in mediating the advertisement placement, "following the terms of art. 3 of Law No. 4680 of June 18, 1965;
for market reasons, over the years, agencies were forced to change their operating structures having to add new functional activities especially due to the continuous technological improvement of the media and of new means to publicize advertisement campaigns;
concomitant changes occurred in the communication strategies of advertisers as a consequence of human evolution, especially due to the democratization of access to the media, through the accelerated urbanization process and behavioral changes resulting from all this;
these changes have, in its pursuit for efficiency, determined the emergence of Specialized Agencies on new ways of communication such as promotion and direct marketing, which will not take away, however, creative and productive work and paramount studies to the distribution of advertisement of such activities, to the traditional and media and the so-called new media;
Specialized Agencies have sought agreement with CENP in order to acquire its recognition through the unconditional adherence to the Standard-Norms and the respect towards competitive ethics which they must keep with traditional Agencies, in relationships with advertiser-clients which commission them;
due to the new market reality and the need to expand CENP’s inspection scope, in search of good business practices in advertising, the Board of CENP:
- CENP establishes the legitimacy of the category of Specialized Agency, for the recognition and guarantee of technical conditions of the Specialized Agencies in Promotions/ Events, Direct Marketing and Interactive Media, which, after joining unconditionally the Standard Norms for Advertising Activities will receive from part of the Media identical treatment of that given to Advertising Agencies, all in accordance with that established on the Standard Norms for Advertising Activities;
- In order to be certified, the Specialized Agencies must prove that they have their own structure for creative and productive work as well as skill to distribute advertisement created and produced, for and on behalf of its client-advertiser to the Media;
- As a parameter for examining the application for certification of the Specialized Agency, that does not fit in that defined in Paragraph One and are similar due to specialization, including in case of TV product placement, only requests from Specialized Agencies as follows will be considered: that which shows evidence of actually planning, creating, producing and acting as agent of technical advertising;
- It is forbidden to issue certification of Political Marketing Agencies since its activity rendered is basic within time and space under judicial control. It is also forbidden to have Specialized Agencies in promotional operations, merchandising at points of sale and those, as these, which have irrelevant advertising destination, stemming from their work in the media;
- The Specialized Agencies will receive from CENP, once its operational conditions is proven, a form of Certificate different from Advertising Agencies, valid for 1 (one) year, fitting into that which is provided in Appendix A of the Standard Norms;
- It will be understood as act of unfair business, subject to analysis and judging by the Ethics Committee, the activities as Specialized Agency with client-advertiser who is served by Advertising Agency, without the prior knowledge and approval of the latter, unless the client makes it fully clearly, when commissioning the work its will to freely and independently contract services. It is also forbidden and subject to consideration by the Ethics Committee, the Specialized Agency service offer or rendering to perform outside its area of expertise, using the benefit of the discount provided by the certification that represents unfair competition with Advertising Agencies.
Single Paragraph - The guarantee of that treated in the latter will ensure to the Specialized Agency the perception in accordance with the Standard Norms, of the "standard agency discount" in the distribution, in order and care of your client-advertiser, of advertisement in the Media, where and exclusively related to the activity in which it is specialized;
*1st text approved on 19/September/2006.
Note: The following text was freely translated into English and is valid for all legal purposes the original version in Portuguese.