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Die Überarbeitung berücksichtigt das Verbraucherschutzrecht Pennsylvanias, die FTC-Regeln für Werbung und Bewertungen sowie die neuere Rechtsprechung zum Website-Tracking. Die Quellenhinweise stehen ausschließlich hier, außerhalb des Veröffentlichungstextes. palegis.us
ADVERTISING AND TERMS OF ADVERTISING SERVICES OF "PHILADELPHIA INDEPENDENT"
0. Advertising: general information
"PHILADELPHIA INDEPENDENT" offers advertising opportunities within its digital publication, subject to availability, the agreed campaign specifications and these terms. Services may include display advertising, clearly identified advertising features, sponsored content, video, contextual placements and other expressly agreed formats. Each proposal must identify the services offered, the publication channels, campaign period, price and applicable measurement arrangements. Audience estimates and illustrative forecasts must be distinguished from contractual commitments. Advertising expenditure does not purchase editorial influence, favorable independent reporting or the suppression of legitimate journalism.
The advertising supplier and the client’s contracting party is SCANDIC TRUST GROUP LLC, a limited liability company incorporated under Ukrainian law, registration number 1010351020000018952. References to the "supplier", "we", "us" and "our" mean that company in its capacity as the provider of advertising services for "PHILADELPHIA INDEPENDENT". SCANDIC ASSETS FZCO provides technical operation and administration within the scope of its appointment. LEGIER Beteiligungs mbH acts as an authorized payment recipient and advertising contact as described in section 8.1. Technical support or receipt of payment does not, by itself, transfer the supplier’s contractual obligations to either company. The newspaper title does not identify a separate legal entity.
Advertising inquiries
Publication contact: [email protected]
0.1. Legal requirements for advertising
Advertising must comply with the laws applicable to its content, audience, distribution and commercial purpose. Campaigns directed at Philadelphia and the wider Pennsylvania market must satisfy applicable United States federal law, Pennsylvania law and relevant local requirements. Requirements of another jurisdiction apply additionally where their own conditions are met. The client must provide accurate campaign information and appropriate evidence supporting objective claims, permissions and regulated activities. The supplier remains responsible for its own conduct and for obligations imposed directly upon it. The overseas location of a contracting party or technical provider does not, by itself, remove obligations concerning advertising directed at United States consumers.
Identification of advertising and editorial independence
Advertisements must be recognizable as advertising before readers engage with them. Advertising features, native advertising, sponsored articles, paid recommendations and affiliate promotions must carry clear and conspicuous disclosures appropriate to their format, such as "Advertisement", "Paid Advertisement" or "Sponsored Advertising Content". Disclosures must remain visible and understandable on the devices and channels through which the advertisement is delivered. Where a headline, preview or promotional card could be mistaken for independent journalism, the commercial nature must be apparent at that stage as well as on the destination page.
A commercial relationship must not be concealed behind editorial presentation, an ambiguous label or information available only after following a separate link. Material sponsorship, commissions, gifts and other connections must be disclosed where they would affect how readers evaluate the communication. The advertiser’s identity must be sufficiently clear. Independent editorial decisions remain with the publication, and an advertising agreement does not confer a right to approve unrelated reporting or require favorable editorial treatment.
Accuracy, substantiation and material information
Advertising must not mislead through express statements, implied claims, images, omissions or the overall impression it creates. Objective claims must have an appropriate evidential basis before publication. The level and type of evidence must match the claim; health, safety, scientific and financial claims may require particularly rigorous support. A disclaimer cannot cure a principal claim that is false or materially misleading. Qualifications must be presented clearly, close to the relevant claim and before the consumer makes the decision they are intended to inform.
Claims about performance, availability, origin, official approval, awards, market leadership or expected results must accurately reflect the evidence. Research must not be selectively described in a way that changes its meaning. A claim that a product is approved, certified or recommended by a regulator or professional body requires a valid basis and must not imply a broader endorsement than exists. The client’s approval of artwork does not make an otherwise unlawful claim acceptable.
Testimonials, endorsements and consumer reviews
Testimonials must reflect genuine experience and must not communicate claims that the advertiser could not lawfully make directly. An exceptional result must not be presented as typical without adequate substantiation and appropriate information about generally expected results. Material connections between advertisers and endorsers must be clearly disclosed when they are not reasonably apparent from the context.
The Federal Trade Commission’s Rule on the Use of Consumer Reviews and Testimonials prohibits specified practices involving fabricated or false reviews and testimonials, sentiment-conditioned review incentives, undisclosed insider relationships, falsely independent review operations, improper review suppression and fake indicators of social media influence. These restrictions apply according to the particular provision and its knowledge requirements. An incentive must not be conditioned, expressly or implicitly, on a consumer review expressing a particular positive or negative sentiment. A disclosure does not make an otherwise prohibited payment arrangement lawful.
AI-generated fictitious customers, invented experiences and fabricated expert endorsements must not be presented as genuine. Selective editing, presentation of review scores and suppression of unfavorable feedback must not create a misleading impression. These terms do not prohibit honest consumer reviews or impose a penalty for publishing lawful criticism.
Prices, discounts and promotional offers
Consumer-facing advertising must present price information accurately and disclose material charges, conditions and limitations at the appropriate stage. A low headline price must not conceal mandatory charges or falsely suggest that an optional purchase is necessary. Any exclusion of taxes, delivery charges or other amounts must be lawful and clearly explained. Claims about discounts, former prices, savings, limited availability and deadlines must be genuine and supported by the relevant facts. Countdown timers and statements about scarce inventory must not create a false sense of urgency.
Where the FTC’s Rule on Unfair or Deceptive Fees applies to live-event tickets or short-term lodging, advertised prices must satisfy its total-price and prominence requirements, subject to the rule’s specified treatment of taxes, shipping and optional purchases. That sector-specific rule is not represented as a universal pricing rule for every advertisement or advertising-service contract.
Promotions, competitions and sweepstakes must disclose material eligibility requirements, closing dates, prize conditions and other significant restrictions. They must not constitute an unlawful lottery. Where a lawful free entry method is required, it must be genuine and adequately disclosed. Claims about chances of winning, guaranteed prizes or the effect of a purchase must be accurate.
Comparative advertising and competitors’ rights
Comparative advertising may identify competitors where the comparison is lawful, accurate and appropriately supported. Comparisons must concern clearly identified products, services or characteristics and must not misrepresent the basis, date or scope of the comparison. Tests must be relevant to the conditions represented to consumers. An advertisement must not create confusion concerning source, affiliation, sponsorship or endorsement.
False or misleading commercial representations may be actionable under section 43(a) of the Lanham Act and other applicable law. The use of a competitor’s trademark does not automatically establish infringement, but the manner and purpose of use must respect applicable trademark and unfair-competition rules. Defamatory statements, fabricated quotations and misleading alterations of a competitor’s materials are not permitted.
Dignity, discrimination and responsible presentation
Advertising must comply with applicable civil rights, housing, employment, credit and public-accommodation requirements. The Pennsylvania Human Relations Act, the federal Fair Housing Act and other relevant federal laws may govern both the wording of an advertisement and the methods used to select or exclude its audience. Philadelphia’s Fair Practices Ordinance applies where the activity falls within its scope.
Housing, employment and credit campaigns must not use prohibited preferences, exclusions or discriminatory targeting. An apparently neutral targeting method must not be used to circumvent an applicable restriction. Advertisements must not unlawfully harass, threaten or exploit individuals, falsely imply a person’s endorsement, or misuse private information. The existence of an editorial or newsworthiness exception for particular reporting does not automatically authorize the same material’s use in commercial promotion.
Environmental and sustainability claims
Environmental claims must be clear, specific and supported by evidence appropriate to their scope. Broad claims such as "green", "environmentally friendly", "sustainable", "carbon neutral" or "net zero" must not imply benefits that cannot be substantiated. Material limitations, the role of offsets and the distinction between present performance and future commitments must be explained where necessary to avoid deception.
A benefit relating to one component must not misleadingly describe the entire product, business or supply chain. Claims about recyclability, recycled content, biodegradability, renewable energy and environmental certification must accurately reflect the relevant conditions. The FTC’s Green Guides provide guidance on applying section 5 of the FTC Act to environmental marketing; they are not an independent certification scheme or a governmental endorsement of an advertised product.
Political advertising and campaign transparency
Political advertising requires identification of the advertiser, the person or organization paying for the communication, any relevant candidate or committee authorization and the elections or jurisdictions concerned. Federal campaign advertising must comply with applicable provisions of the Federal Election Campaign Act and Federal Election Commission regulations, including the disclaimer requirements for covered internet public communications. Pennsylvania election advertising must satisfy applicable state identification and authorization requirements, including section 1638(a) of the Pennsylvania Election Code, 25 P.S. § 3258(a).
A required disclaimer must be clear and conspicuous and satisfy the rules governing the actual format. A small advertising space does not automatically excuse an omitted disclosure; an adapted disclaimer may be used only where the applicable requirements permit it. Political advertising must also respect applicable defamation, privacy, intellectual-property and election-related restrictions. These terms do not impose the former advance-notice restriction on opponent-referencing advertisements invalidated in Commonwealth v. Wadzinski.
The supplier’s overseas incorporation requires particular attention to restrictions on foreign-national involvement in United States elections. An advertising arrangement must not involve a prohibited contribution, expenditure, subsidy, extension of credit or participation in election-related decision-making. The supplier will not provide services where the transaction or its own role would violate those restrictions. A commercial invoice, an advertising label or a claim of media status does not automatically establish an exemption.
Children and young people
Campaign presentation and targeting must take account of children’s age, understanding and vulnerability. Under these advertising standards, campaigns must not use deceptive pressure, disguised purchasing instructions or misleading claims that exploit a child’s inexperience. Age-restricted products require appropriate placement and audience controls. A statement that a campaign is intended for adults does not cure unlawful targeting or presentation.
Where the Children’s Online Privacy Protection Act and Rule apply, collection, use and disclosure of information from children under 13 must satisfy the applicable notice, parental-consent, security and retention requirements. The amended Rule requires separate verifiable parental consent for covered third-party disclosures that are not integral to the service, including relevant advertising disclosures. Access to a covered activity must not be conditioned on providing more information than is reasonably necessary. The general compliance date for the 2025 amendments was April 22, 2026. A general-audience description does not override the actual circumstances of collection.
Food, health products, medicines and medical services
Food, dietary-supplement, medical-device, pharmaceutical and healthcare advertising must comply with applicable Federal Trade Commission, Food and Drug Administration and state requirements. Health and disease-related claims require evidence appropriate to the claim. A dietary-supplement disclaimer does not authorize an otherwise unlawful disease-treatment claim or misleading statement of effectiveness.
Prescription-drug advertising to the public is not subject to a general United States prohibition equivalent to the British restriction. Where permitted, it must satisfy the applicable requirements concerning approved uses, risk information, fair balance and the particular advertising medium. Advertisements for professional medical services must accurately identify relevant qualifications and must not guarantee outcomes without a lawful and substantiated basis. Patient stories, before-and-after images and professional endorsements must also respect consent, confidentiality and misleading-advertising restrictions.
Alcohol, tobacco, vaping and nicotine products
Advertising for alcohol, tobacco, vaping and nicotine products may be accepted only where the product, advertiser, format and intended distribution are lawful. Applicable federal and Pennsylvania requirements concerning authorization, warnings, product claims, promotional practices and age protection must be observed. Restrictions differ between product categories and media; permission to advertise one category does not establish permission for another.
Campaigns must not be directed at persons below the applicable legal age or falsely suggest that a regulated product is harmless. Modified-risk or reduced-harm claims require any authorization and substantiation prescribed by law. A product’s availability from an overseas seller does not establish that its marketing or sale to Pennsylvania consumers is lawful.
Gambling, betting and gaming promotions
Advertising for gambling, sports wagering, interactive gaming and related promotions requires a lawful activity and any authorization necessary for the intended Pennsylvania audience. Relevant Pennsylvania Gaming Control Board requirements concerning advertising, promotions, responsible-gambling messages and protection of underage persons must be satisfied.
Terms governing bonuses, qualifying deposits, wagering requirements, withdrawal restrictions and eligibility must be clear. An offer must not be described as "risk-free" or equivalent where the consumer risks losing money or must satisfy material undisclosed conditions. Advertisers must not target prohibited audiences or use advertising to circumvent self-exclusion or other legally required protections. Different gaming products may have different age and licensing requirements.
Financial services, investments and digital assets
Advertising for banking, credit, insurance, securities, investment advice and digital assets must comply with the laws and regulatory requirements governing the actual product and activity. Required registrations, licenses or exemptions must be established before acceptance. Credit advertisements must include any disclosures triggered by the terms presented. Claims about returns, capital protection, insurance coverage and regulatory approval must be accurate.
Where section 17(b) of the Securities Act of 1933 applies to compensated publicity concerning a security, the required disclosure of consideration, including its source and amount as applicable, must accompany the promotion. A generic "Advertisement" label does not necessarily satisfy that obligation. Digital assets must be assessed according to their actual characteristics and the applicable legal framework; describing a product as a token, cryptocurrency or utility asset does not settle its regulatory treatment. "Not investment advice" does not cure a misleading claim, unlawful solicitation or omitted compensation disclosure.
Personal information, advertising technology and targeting
Cookies, pixels, device identifiers, customer-list matching, retargeting and audience profiling must comply with applicable privacy, communications and consumer-protection requirements and with the publication’s Privacy Policy. The client’s agreement to an advertising campaign does not provide consent on behalf of readers.
Where an activity constitutes interception of a protected communication under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, it must satisfy an applicable statutory exception or other lawful basis. The consent exception in 18 Pa.C.S. § 5704(4) requires prior consent from all parties. This is not a statement that every cookie constitutes an interception. Under the publication’s own privacy commitments, optional advertising tracking and individual audience profiling require a separate affirmative choice before activation.
Customer lists and matched audiences must have a lawful source and permitted purpose. Applicable sale, sharing, targeted-advertising and preference-signal requirements must be respected where another state’s privacy law applies. Hashing an email address does not necessarily make it anonymous. Confidential source information, private editorial correspondence and payment credentials must not be supplied for unrelated advertising. Sensitive inferences must not be created or disclosed merely because a reader viewed an article about a sensitive subject.
Electronic direct marketing and telephone campaigns
Commercial email must comply with the CAN-SPAM Act where applicable, including accurate sender information, nondeceptive subject lines, required advertising identification, a valid postal address and an effective unsubscribe mechanism. Qualifying opt-out requests must be honored within ten business days, and the mechanism must remain capable of receiving requests for at least 30 days after the message is sent. These requirements can apply to business-to-business email as well as consumer email.
CAN-SPAM does not establish a universal prior-opt-in requirement for every commercial email. Nevertheless, the publication’s subscription promises, applicable consent requirements and restrictions on the source and use of contact information must be honored. Telephone calls, text messages, prerecorded or artificial-voice messages and automated campaigns must separately comply with the Telephone Consumer Protection Act, applicable Federal Communications Commission rules and relevant Pennsylvania requirements. Permission for one communication channel or purpose must not be treated as unrestricted authorization for another.
Artificial intelligence and synthetic content
AI-assisted advertising remains subject to the requirements governing truthfulness, substantiation, commercial identification, intellectual property and privacy. Synthetic testimonials, fabricated customers, invented professional credentials and misleading impersonations are prohibited. Where artificial generation or material alteration would affect a reader’s understanding of an advertisement, an appropriate disclosure must be provided.
Names, likenesses, voices and other identifying features must not be used without the permissions or other lawful basis required in the circumstances. A synthetic image must not falsely imply that a real person used, approved or endorsed a product. The client must not submit confidential or personal information to an external AI service without the authority and safeguards required for that disclosure. Use of an automated tool does not transfer responsibility for the resulting advertisement to the tool or its provider.
0.2. Legal framework and relevant case law
The following authorities are relevant according to their subject matter, territorial application and current legal effect. A reference does not mean that every provision applies to every advertisement or client.
- Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, concerning unfair or deceptive acts or practices, and sections 12–15, 15 U.S.C. §§ 52–55, concerning specified false advertisements.
- The Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1 and following, including its advertising provisions, applicable exclusions and requirements for private consumer claims.
- Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), concerning relevant false advertising, misleading representations and false association.
- The FTC’s Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465, and Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, within their respective scope.
- The FTC’s Endorsement Guides, 16 C.F.R. Part 255, and Green Guides, 16 C.F.R. Part 260, which explain the agency’s approach to relevant deceptive practices but are distinct from independently enforceable trade regulation rules.
- The Consumer Review Fairness Act, 15 U.S.C. § 45b, concerning prohibited restrictions on consumer reviews in covered form contracts.
- The Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and its implementing Rule, 16 C.F.R. Part 312, as amended.
- The CAN-SPAM Act, 15 U.S.C. §§ 7701–7713; the Telephone Consumer Protection Act, 47 U.S.C. § 227; and applicable implementing rules and Pennsylvania telemarketing requirements.
- The Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. §§ 5701 and following; relevant federal communications-privacy legislation; and the Video Privacy Protection Act, 18 U.S.C. § 2710, where qualifying viewing information is involved.
- The Copyright Act, Title 17 of the United States Code; applicable trademark law; 42 Pa.C.S. § 8316 concerning unauthorized commercial use of a name or likeness; and applicable privacy, confidentiality and defamation law.
- The Pennsylvania Human Relations Act, 43 P.S. §§ 951 and following; the Fair Housing Act, including 42 U.S.C. § 3604(c); applicable federal employment and credit-discrimination laws; and Philadelphia’s Fair Practices Ordinance where applicable.
- The Federal Election Campaign Act, including 52 U.S.C. §§ 30120 and 30121; applicable Federal Election Commission regulations; and the Pennsylvania Election Code, including 25 P.S. § 3258(a).
- The Federal Food, Drug, and Cosmetic Act and applicable FDA regulations; federal and Pennsylvania alcohol, tobacco and nicotine requirements; and the Pennsylvania Race Horse Development and Gaming Act and applicable gaming regulations.
- Applicable federal and Pennsylvania securities, investment, banking, credit and insurance laws, including section 17(b) of the Securities Act of 1933, 15 U.S.C. § 77q(b).
- The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 and following, and Pennsylvania’s Electronic Transactions Act, concerning electronic records, signatures and transactions within their scope.
- The FTC’s Cooling-Off Rule, 16 C.F.R. Part 429; section 7 of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law; and the Restore Online Shoppers’ Confidence Act, 15 U.S.C. §§ 8401–8405, where the transaction satisfies the relevant conditions.
- Applicable Pennsylvania contract law, rules governing damages and enforceability, statutory limitation periods and mandatory protections that cannot lawfully be excluded.
Relevant judicial decisions include:
- Gregg v. Ameriprise Financial, Inc., 245 A.3d 637 (Supreme Court of Pennsylvania 2021): deceptive conduct under the consumer-protection statute’s catch-all provision does not depend on proof of the actor’s state of mind. A private claimant must still satisfy the other requirements of the applicable cause of action.
- Feldman v. Google, Inc., 513 F. Supp. 2d 229 (United States District Court for the Eastern District of Pennsylvania 2007): addresses reasonable notice, affirmative assent and enforceability in an online advertising agreement. It does not establish that every website link incorporates contractual terms.
- Tayar v. Camelback Ski Corporation, Inc., 47 A.3d 1190 (Supreme Court of Pennsylvania 2012): holds that a pre-injury release of reckless conduct is contrary to public policy. The decision does not create a universal exemption from ordinary contractual obligations.
- Commonwealth v. Wadzinski, 422 A.2d 124 (Supreme Court of Pennsylvania 1980): invalidates the political-advertising advance-notice restriction considered in that case on constitutional grounds.
- Popa v. Harriet Carter Gifts, Inc., 52 F.4th 121 (United States Court of Appeals for the Third Circuit 2022), amended opinion of October 18, 2022: addresses Pennsylvania interception rules, third-party website tracking, the place of interception and consent.
- Cook v. GameStop, Inc., 148 F.4th 153 (United States Court of Appeals for the Third Circuit 2025): addresses the concrete injury necessary for federal standing in the particular website-tracking circumstances alleged. It does not establish that all session replay or advertising tracking is lawful.
- Popa v. Harriet Carter Gifts, Inc., No. 25-1760 (United States Court of Appeals for the Third Circuit, March 26, 2026): a nonprecedential disposition applying the federal-standing principles addressed in Cook, vacating the district court’s judgment and directing remand to state court without deciding the merits of the appeal.
The statutory exclusion for specified good-faith advertising publication under 73 P.S. § 201-3(a) applies only where its conditions are satisfied. It is not a blanket exemption for the supplier’s own misleading sales practices or knowing publication of deceptive advertisements. Statutory publisher protections under other laws likewise have their own scope and conditions.
1. Orders and formation of the contract
An advertising inquiry does not itself create a payment obligation. Before acceptance, the client must receive the campaign specifications, supplier identity, price and currency, applicable taxes and mandatory charges, payment schedule, campaign duration, cancellation arrangements and these terms in a form that can be retained. The order must identify whether an agency acts as principal or as an authorized representative of a named client.
A contract arises when the supplier accepts the client’s order or the client accepts a definite offer in the manner specified in that offer. An automated acknowledgment is not acceptance unless expressly identified as such. Electronic acceptance must provide reasonable notice of the terms and an effective manifestation of agreement. Clients must have a reasonable opportunity to review the order and correct errors. Merely visiting the website, requesting information or receiving an unsolicited proposal does not establish assent. Conflicting purchase-order terms require express resolution rather than an assumption that either party’s conditions automatically prevail.
2. Advertising placement and publication dates
The accepted order determines the publication channel, placement, format, dimensions, targeting, dates, duration and any guaranteed delivery volume. A rotating placement may appear alongside other advertisers according to the agreed arrangements. Exclusivity, a fixed position, specified surrounding content and guaranteed visibility must be expressly agreed.
The supplier must not substitute another publication, materially different audience, format or campaign period without agreement where the change affects the promised service. Minor technical adjustments are permitted only insofar as they preserve the agreed substance and presentation. The client must identify time-critical events before acceptance, and an essential publication date must be recorded. A later placement is not necessarily an adequate remedy where the advertisement’s commercial purpose depended on a particular date. An advertisement is not guaranteed to remain in an archive indefinitely unless that service is expressly included.
3. Refusal, suspension or termination of publication
Before contracting, the supplier may decline advertising on lawful grounds, including incompatibility with its advertising standards, insufficient supporting information or unavailable inventory. After acceptance, suspension or removal requires a reasonable contractual or legal basis, such as unlawful content, substantiated rights infringement, a material security risk, a binding legal requirement or a material breach.
Where practicable and appropriate, the supplier will explain the issue and allow a reasonable opportunity to correct it. Immediate action may be taken where necessary to prevent harm or comply with law. A measure must be proportionate to the affected material and circumstances. Suspension does not automatically entitle the supplier to retain the entire campaign price. Charges for services supplied, any lawfully recoverable loss and refunds for undelivered services must be assessed separately. The supplier remains responsible for the consequences of its own breach.
4. Delivery of advertising materials
The client must supply complete materials, destination links, required disclosures and supporting documentation by the agreed deadline and in the agreed technical format. Materials must be free from malicious code, unauthorized tracking, deceptive controls and undisclosed redirections. The supplier must communicate relevant technical requirements before the submission deadline.
Material alterations to wording, claims or visual meaning require the client’s approval, except where immediate restriction or removal is necessary under section 3. Additional design, conversion or correction work is chargeable only where its scope and price have been agreed. Proof approval does not excuse an error introduced subsequently by the supplier. If late or defective materials prevent delivery, the parties must assess the actual effect, available corrective measures and responsibility for resulting loss. These terms do not automatically eliminate a client’s remedies for defects discovered during publication.
Clients should retain their own copies. Arrangements for returning physical originals must be agreed where relevant. An administrative storage period does not extinguish ownership, an applicable preservation duty or an otherwise valid claim.
5. Defective performance and complaints
The supplier must deliver the agreed service with reasonable care and in accordance with the accepted campaign specifications. Clients should report missing, incorrect or defective placements promptly so that correction remains possible. A complaint is not automatically barred because it is made after the campaign ends or the final report is issued.
The supplier will investigate the issue and provide an appropriate remedy required by the contract and applicable law. Depending on the circumstances, this may include correction, replacement delivery, an agreed price adjustment, termination of an affected service or a refund. Replacement delivery must be suitable for the original campaign purpose; an expired event or other essential deadline must be taken into account. An advertising credit will not replace a refund entitlement without agreement.
These terms do not create a shortened one-year or two-year limitation period for claims. Applicable statutory periods and valid legal rules govern. Complaint handling does not automatically suspend those periods.
6. Rights in materials and third-party claims
The client must hold the rights, permissions or other lawful basis necessary for the supplied text, images, recordings, trademarks, personal information and other materials. The client grants the supplier a nonexclusive license limited to producing, technically adapting, delivering and reporting on the agreed campaign. Appointed technical providers may exercise those rights only to the extent necessary for their work.
Ownership is not transferred merely by submission or payment. Rights in separately commissioned creative work, source files and reusable assets must be identified in the order. Any copyright assignment or work-made-for-hire arrangement must satisfy the legal requirements applicable to it. The supplier must not promise ownership of rights it does not hold. Unrelated reuse, sale of campaign materials or use for another advertiser requires an appropriate additional basis.
Responsibility for third-party claims depends on the relevant breach, causation and applicable law. These terms do not impose an unlimited indemnity for every allegation or for the supplier’s own wrongdoing. The parties must cooperate reasonably in responding to substantiated claims, without admitting liability or settling on another party’s behalf without authority.
7. Liability and expected campaign results
The supplier is responsible for performance of its agreed obligations and for its own legally attributable acts and omissions. Unless expressly promised, a campaign does not guarantee a particular level of sales, inquiries, profit, search ranking or return on investment. That qualification does not reduce an agreed commitment concerning placement, duration, audience criteria, valid impressions or other defined deliverables.
These terms do not impose a general liability cap equal to the campaign price or exclude every loss described as indirect. Any separately negotiated limitation must be clearly expressed, validly incorporated and enforceable under applicable law. Nothing in these terms releases fraud, intentional misconduct, reckless conduct or liability that cannot lawfully be excluded. Recoverability of damages remains subject to the applicable requirements concerning causation, proof, foreseeability, mitigation and any valid limitation.
Use of a technical provider or advertising intermediary does not automatically release the supplier from its contractual responsibilities. Neither party may recover twice for the same loss.
8. Price, advance payment and campaign cancellation
The agreed price and payment schedule must be disclosed before the contract is formed. Unless otherwise agreed, payment is due in advance by the date stated in the accepted offer and corresponding invoice. Design, production, targeting, measurement and other additional services may not be charged without a contractual basis.
A request to cancel or reduce a campaign will be assessed under the agreed arrangements and applicable law. Outside an applicable statutory cancellation right, a cancellation charge must be validly agreed or otherwise legally recoverable. A stipulated charge must not operate as an unenforceable penalty. Any claim for actual damages must take account of costs saved, reasonable mitigation and the loss legally attributable to the cancellation.
Starting work or launching a campaign does not automatically make every payment nonrefundable. If the supplier cancels without contractual or legal justification, the client retains the remedies arising from that breach. Amounts due for undelivered services must be accounted for, and a required refund must not be replaced with advertising credit without agreement.
8.1. Authorized payment recipient
Advertising payments may be collected on the supplier’s behalf by:
LEGIER Beteiligungs mbH
Kurfürstendamm 14
10719 Berlin
Federal Republic of Germany
Commercial register: HRB 57837
Register court: Amtsgericht Charlottenburg, Berlin
VAT identification number: DE413445833
Telephone: +49 30 99211 3469
Fax: +49 30 99211 3225
Email: [email protected]
Payment to an account identified in a valid invoice as an authorized collection account discharges the corresponding payment obligation to SCANDIC TRUST GROUP LLC to the extent received. The invoice must accurately identify the supplier and the capacity in which payment is collected. A German collection address does not, by itself, establish the place of supply, applicable tax treatment or governing law.
Responsibility for the advertising service and any refund owed by the supplier remains with the supplier. Changes to payment instructions must be communicated through an authenticated channel. Clients may verify them through the established contact details before transferring funds. Receipt of payment does not authorize the recipient to make unrelated contractual changes.
9. Late payment
If an undisputed amount is overdue, the supplier may issue a payment reminder and, after reasonable notice, suspend the affected service to the extent justified by the circumstances. A genuine dispute must be considered on its merits, while an undisputed portion remains payable according to the agreement.
Interest, late fees and recovery charges require a valid contractual or statutory basis and must comply with applicable restrictions. These terms do not automatically impose a 12% annual rate, a European central-bank reference rate or an additional collection percentage. Attorney’s fees are recoverable only where authorized by an enforceable agreement, statute or other applicable legal rule.
Any request for additional security must have a reasonable basis and be proportionate to the actual payment risk. The supplier must not accelerate unrelated debts or retain payment for undelivered services without an enforceable entitlement. Duplicate recovery is not permitted.
10. Exceptional events affecting performance
A party may rely on this section only where an event beyond its reasonable control prevents the affected performance despite reasonable preventive and mitigating measures. The party must notify the other promptly, explain the effect on the campaign and take reasonable steps to limit disruption. Relief is confined to the obligations and period actually affected.
Increased expense, reduced profitability, ordinary staffing difficulties or an unexplained subcontractor failure do not automatically qualify. Cyber incidents and outages must be assessed in light of the precautions and continuity arrangements reasonably required. An event already known when the order was accepted is not automatically an excuse for failure to meet the resulting commitment.
Alternative performance that materially changes the contract requires agreement. If the interruption defeats an essential campaign purpose or prevents delivery within the agreed period, the client may terminate the affected undelivered part. Refunds and charges for performance already supplied must be determined under the contract and applicable law. This section does not create a blanket exclusion of damages or allow the supplier to keep all advance payments whenever an interruption occurs.
11. Applicable version and changes to these terms
The version properly incorporated when the contract is formed governs that contract. Publishing revised terms does not retrospectively amend an accepted campaign. Changes to an existing agreement require the parties’ agreement unless an enforceable contractual provision or applicable law permits the particular change.
Material amendments must be explained in a form the client can retain, including their effect and proposed commencement. Silence or continued access to a public webpage does not, by itself, establish agreement to a new price, additional charge or reduced service. Mandatory legal changes apply according to their own provisions. Where a legal change prevents an agreed method of performance, the parties must address the affected service and its financial consequences rather than automatically transferring every resulting cost to the client.
12. Cancellation rights, recurring services and refunds
Pennsylvania and federal law do not provide a general fourteen-day cancellation right for every online advertising-service purchase. A statutory right depends on the type of transaction and the circumstances in which it was concluded. Ordinary business advertising purchases do not automatically qualify for consumer cooling-off protection.
The FTC’s Cooling-Off Rule provides cancellation rights for certain covered sales made at a consumer’s home or other specified locations, subject to its thresholds and exclusions. It generally does not cover transactions made entirely online, by mail or by telephone. Pennsylvania’s separate rules must also be considered: section 7 of the Unfair Trade Practices and Consumer Protection Law provides a three-full-business-day cancellation right for qualifying sales of at least USD 25 resulting from specified contact with a buyer at the residence, including relevant telephone contact. The state and federal rules have different conditions and must not be treated as identical.
Required cancellation information and early performance
Where a statutory cancellation right applies, the supplier must provide the notices, contract copies, cancellation forms and other information required by that law. The applicable requirements for calculating the period, delivering notice and refunding payment take precedence over these terms.
Starting design work or commencing publication does not, by itself, establish a lawful waiver of a statutory right. Any permitted early-performance arrangement or exception must satisfy the conditions of the applicable law. The supplier must not rely on a general statement that all payments become nonrefundable once work begins. Any deduction from a statutory refund requires a valid legal basis.
Recurring campaigns and automatic renewal
An ongoing or automatically renewing campaign requires clear agreement on the recurring service, price or price-calculation method, billing frequency, renewal period and cancellation procedure. A single campaign does not automatically become a subscription.
Where the Restore Online Shoppers’ Confidence Act applies to an online negative-option transaction, material terms must be clearly disclosed before billing information is obtained, express informed consent must precede charging and a simple mechanism must be available to stop recurring charges. Other applicable requirements remain unaffected. The FTC’s 2024 amended Negative Option Rule was vacated in 2025 and is not treated in these terms as an operative nationwide "click-to-cancel" requirement. Contractual commitments to provide straightforward cancellation remain binding independently of that rule.
How to cancel and obtain a refund
Cancellation requests may be sent to [email protected] or to the supplier’s correspondence address in section 13. The request should identify the client and the campaign concerned; an order number is helpful where available. A prescribed form is not required for an ordinary contractual cancellation request. Any additional method permitted by an applicable statutory right remains available.
The supplier will confirm receipt and explain the effect on work already performed, remaining delivery and any amount payable or refundable. Refunds will be made within the legally required period. Where no specific statutory deadline applies, the supplier will issue an agreed refund without unnecessary delay and ordinarily within fourteen calendar days after the refund amount is established. This contractual target does not extend a shorter legal deadline or justify delaying a decision on entitlement. The original payment method will ordinarily be used unless another lawful method is agreed. Collection through an authorized recipient does not remove the supplier’s refund responsibility.
13. Addresses and contact details
The advertising supplier and contracting party may be contacted at its operational and correspondence address:
SCANDIC TRUST GROUP LLC
IQ Business Centre
Bolsunovska Street 13–15
01014 Kyiv / Ukraine
Email: [email protected]
Website: www.PhiladelphiaIndependent.com
Legal form: limited liability company incorporated under Ukrainian law
Registration number: 1010351020000018952
Registered office and company address
SCANDIC TRUST GROUP LLC
Oksamytova Street 1-b, Office 30
Sofiivska Borshchahivka
Kyiv Region - 08147 / Ukraine
Technical operation and administration
SCANDIC ASSETS FZCO
Dubai Silicon Oasis DDP
Building A1/A2
Dubai - 342001 / United Arab Emirates
Telephone: +971 54 221 5217
The Ukrainian registration number is not a Pennsylvania or other United States company registration number. Contractual notices, complaints and refund requests may be addressed to the supplier using the contact details above. Special legal requirements for service of proceedings remain unaffected. The technical company does not become the advertising contracting party solely through its operational involvement.
14. Backups and retention of information
Campaign materials, correspondence, delivery records and accounting information are retained for the purposes and periods reasonably required for performance, administration, legal compliance and the establishment, exercise or defense of claims. Routine administrative personal information is ordinarily deleted or deidentified when no longer needed and no later than twelve months after campaign completion and final settlement, unless a specific legal obligation, unresolved dispute or other justified continuing purpose requires longer retention.
That ordinary limit is not a universal tax, accounting or evidential retention period. Relevant records may be preserved under an appropriately limited legal hold. Backups must be protected against unauthorized access and subject to a defined deletion or replacement cycle. Restoring a backup does not authorize unrelated republication or disregard of a valid deletion restriction.
External access and international processing must comply with applicable requirements and appropriate supplier arrangements. No particular backup provider or storage country is promised unless expressly identified in the accepted order. Further information about personal information is provided in the Privacy Policy.
15. Technical systems and security commitments
The supplier must maintain safeguards appropriate to the nature of the services and the risks involved. These may include access controls, secure transmission, maintenance, monitoring, vulnerability management, backups and incident response. No system is represented as immune from interruption or attack.
A particular server location, hardware platform, security product or certification forms part of the service only where accurately described and expressly agreed. A product-level security evaluation must not be presented as certification of the entire publication or advertising environment. An agreed security requirement may not be silently replaced by a materially lower specification.
Advertising code must not compromise the publication, visitors’ devices or confidential information. Security incidents must be addressed promptly, with notifications made where required by law or contract. Commercial confidentiality and personal-information safeguards continue to apply when technical work is delegated.
16. Measurement, reach and assessment of results
Campaign measurement must distinguish the following concepts:
- Page impressions: recorded displays of webpages under the stated methodology; a page impression does not establish that a particular advertisement was displayed.
- Advertising impressions: recorded displays of an advertisement under the agreed delivery and counting rules.
- Viewable impressions: impressions meeting expressly identified visibility criteria and measurement requirements.
- Unique visitors or reach: estimates produced by the stated methodology; a browser, device or identifier does not necessarily correspond to one individual.
- Clicks and interactions: measured events whose definition, filtering and attribution must be explained where they affect reporting or payment.
- Conversions: defined outcomes attributed under an agreed method and attribution period, subject to the limits of the available evidence.
The order must identify the metrics determining delivery and invoicing, the measurement system and material limitations. CPM means the price per 1,000 valid advertising impressions under the agreed methodology. Page impressions must not be substituted without express agreement.
Identified invalid or fraudulent traffic must not be billed as valid advertising delivery. Duplicate events, automated activity and reporting discrepancies must be assessed under the agreed counting rules. Differences arising from privacy choices, advertising blockers or measurement methods do not automatically defeat a reasonable billing challenge. Seasonal changes and fluctuating news interest do not release the supplier from a guaranteed delivery commitment.
17. Orders and prices
Advertising orders concern www.PhiladelphiaIndependent.com unless additional publications, domains or channels are expressly identified in the accepted order. A reference to other top-level domains does not, by itself, promise that those domains exist, carry the advertisement or deliver additional audience reach.
The minimum order value for business and professional clients is EUR 5,500, excluding applicable transaction taxes. Prices in sections 17 to 20 are stated in euros unless the accepted order expressly provides otherwise. The invoice must identify any applicable tax and its basis. A German payment recipient or German VAT identification number does not automatically make German VAT chargeable on every advertising service.
Where payment in United States dollars or another currency is agreed, the amount or conversion method and any agreed payment charges must be disclosed before acceptance. A client purchasing for personal, family or household purposes must receive a clear offer showing the total amount payable, including applicable taxes and mandatory charges.
Contextual targeting, search optimization, remarketing, behavioral targeting and performance services must be expressly described and performed lawfully. Inability to use an unlawful or unauthorized method does not automatically entitle the supplier to payment for an undelivered service.
18. Premium placements and special advertising formats
Subject to availability and the accepted campaign specifications, options may include:
- Rotating placements within relevant subject areas, including business, automotive news, information technology and telecommunications.
- Rotation across additional publications or websites expressly named in the order.
- An additional reminder button measuring 160 × 50 pixels at a CPM of EUR 5, excluding applicable taxes for business and professional orders.
- Combinations of formats and placements under an individual proposal.
- Display advertising, Medium Rectangle placements and video, subject to the agreed dimensions, functionality and technical requirements.
The offer must identify the available inventory, campaign duration, targeting criteria, measurement basis and compatibility requirements. Exclusivity or continuous visibility on every device is promised only where expressly agreed. A stated industry format does not replace the need to describe the actual deliverable. Any additional publication or network distribution must be identified with sufficient clarity to assess what is being purchased.
19. Annual volume discounts
The following discounts apply to one client’s total eligible advertising order value within the same calendar year, calculated before the annual discount and excluding taxes:
- From EUR 15,000: 3.5%.
- From EUR 50,000: 5%.
- From EUR 100,000: 11%.
- From EUR 150,000: 16%.
- From EUR 250,000: 21%.
- From EUR 500,000: 30%.
The rate for the highest attained band applies to the entire eligible annual volume; the percentages are not cumulative. Service exclusions and additional eligibility conditions must be disclosed and validly agreed before the affected order is accepted. Orders in another currency require an agreed conversion method for determining the applicable band.
Final reconciliation must account for discounts already credited, cancellations and refunds, with sufficient information to verify the calculation. Where an advance discount depends on a binding annual commitment, a shortfall adjustment requires a previously agreed lawful mechanism and must be confined to the difference between the discount granted and the discount earned. No adverse adjustment may be imposed to the extent that the supplier caused the shortfall. Reconciliation must not unlawfully penalize the exercise of statutory rights.
20. Campaign reporting, invoicing and agency commission
Usage-based invoicing must be supported by a campaign report using the agreed metrics. The client may request an explanation of discrepancies and submit relevant evidence from another measurement system. The supplier’s report is evidence of performance, not conclusive proof that cannot be challenged. Prompt reporting assists correction during a campaign, but a claim does not lapse merely because it is raised after final reporting.
For an order introduced through an advertising agency, the agency commission is 10% of the invoiced advertising-service price after agreed discounts and before taxes, unless another basis is expressly agreed. The proposal must identify the entitled agency and explain how the commission is settled. The same commission or discount must not be counted twice on the same basis.
An agency must identify whether it contracts in its own name or acts for a named principal and must have the necessary authority. Applicable duties concerning conflicts of interest, commissions and disclosure remain unaffected. A commission arrangement must not conceal a material advertising relationship from readers where disclosure is required.
21. Advertising formats
Depending on availability, compatibility and the agreed service, the following formats may be offered:
- Rotating horizontal display advertising, including Full Banner.
- Superbanner.
- Layered formats and interactive HTML5 advertising.
- Pop-up and pop-under formats where lawful and supported by the relevant browser.
- Content Ads placed near editorial material with clear advertising identification.
- Vertical display formats, including Skyscraper.
- Advertising information strips, including Newsticker formats.
- Advertising bars, including Ad Bars.
- Expandable corner formats, including Page Peel.
- Interstitial and Superstitial formats.
- Video and other expressly agreed multimedia formats.
Presentation must respect privacy choices, applicable protections for minors and reasonable user control. Deceptive buttons, false system warnings, hidden charges and circumvention of browser security are prohibited. Closing controls must not be disguised or made misleading.
Required disclosures must remain readable and understandable across supported devices. Essential information must not depend solely on sound, animation or an inaccessible interaction. Applicable accessibility and nondiscrimination duties must be observed. Obsolete formats, including Flash-based execution, are not promised merely because an earlier price list referred to them.
22. Clients, businesses and consumers
The client is the person or organization entering into the advertising contract. A business client ordinarily purchases advertising for a trade, profession or other commercial purpose. An individual may purchase an advertisement for a personal purpose, but the legal consequences depend on the statute and transaction concerned.
For private claims under section 9.2 of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, the statutory requirements include a qualifying purchase primarily for personal, family or household purposes and an ascertainable loss resulting from prohibited conduct, together with the requirements established by applicable case law. A business advertising purchase does not become a qualifying consumer transaction merely because the purchaser is an individual.
Status depends on the actual circumstances, not solely on an invoice heading, email address or declaration in these terms. No client is required to waive a protection that legally applies. Agencies and representatives must establish the authority necessary to bind the person on whose behalf they act.
23. Attachments and contractual documentation
Campaign specifications, schedules, artwork approvals, price lists, technical requirements and information-processing arrangements form part of the contract only where properly identified and incorporated. Material documents must be accessible before acceptance and supplied or confirmed in a retainable form where required.
Individually agreed campaign provisions take precedence over inconsistent standard provisions, subject to mandatory law. An attachment must not conceal an additional charge, materially reduce a disclosed deliverable or introduce an unexpected restriction without appropriate notice and agreement. A document supplied after formation does not automatically amend the contract. Operational correspondence may clarify performance without changing the agreed commercial substance.
The parties should retain the accepted order, applicable terms, approvals and relevant change confirmations. A missing internal record does not automatically invalidate reliable evidence of an agreement or completed performance.
24. Contracting parties and allocation of responsibilities
The advertising contract is between the identified client and SCANDIC TRUST GROUP LLC. SCANDIC ASSETS FZCO performs appointed technical functions, and LEGIER Beteiligungs mbH receives authorized payments and handles advertising inquiries within its authority. Each company remains responsible for obligations arising from its own activities and any undertaking it actually gives.
Delegating performance does not itself release the supplier. Substitution of another contracting party requires the legal steps and any consent necessary for an effective transfer of obligations. It must not be achieved merely by changing an invoice heading or website notice. An assignment of rights must comply with applicable law and must not unlawfully reduce the client’s remedies.
Neither an advertising network nor a commercial partner is authorized by these terms to make commitments beyond its actual authority. The client must be informed of any material change affecting who is responsible for delivering the agreed service.
25. Invalid, unenforceable or unincorporated provisions
The effect of an invalid, unenforceable, unconscionable or unincorporated provision is determined by applicable law. Where the remaining agreement can lawfully continue, the unaffected provisions remain operative.
An ineffective provision is not automatically replaced by whichever term would produce the greatest economic advantage for the supplier. Any replacement requires agreement or another lawful basis. This section does not authorize unilateral rewriting of a disputed clause or enforcement beyond what the law permits. Mandatory rights remain effective regardless of whether they are repeated expressly in these terms.
26. Governing law, jurisdiction and dispute resolution
These terms and contracts governed by them are subject to the law of the Commonwealth of Pennsylvania and applicable United States federal law. This choice does not exclude mandatory protections applicable under relevant conflict-of-laws rules or independently applicable regulatory requirements.
Jurisdiction and venue are determined by the applicable legal rules. These terms do not require clients to bring every claim exclusively in Berlin, Kyiv, Dubai or another foreign forum. They do not impose compulsory arbitration, a contractual class-action waiver or a waiver of jury trial.
Contractual complaints may be submitted to [email protected]. The supplier will consider the complaint, explain its findings and identify any proposed remedy. A client is not required to complete an internal complaint process before exercising a right to approach a competent court or public authority.
Advertising and consumer-protection concerns may be referred to the Federal Trade Commission or the Pennsylvania Office of Attorney General within their respective jurisdictions. Sector-specific matters may fall within the responsibilities of the FDA, SEC, FEC, Pennsylvania Gaming Control Board or another competent authority. Those bodies have distinct powers; a regulatory complaint does not automatically determine a contractual refund claim or suspend a limitation period.
Available judicial remedies depend on the cause of action and its requirements. The FTC Act does not itself provide a general private damages action. Private remedies under Pennsylvania’s consumer-protection law, the Lanham Act or other statutes must satisfy their own standing, causation and procedural requirements. Nothing in these terms promises an automatic damages award or restricts a remedy that cannot lawfully be waived.
Contact:
"PHILADELPHIA INDEPENDENT"
Email: [email protected]
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Last updated: 1 November 2026.