Jackleg Media LLC Underwriting Agreement and Guidelines

INTRODUCTION

The following GUIDELINES FOR UNDERWRITING OF JACKLEG MEDIA PROGRAMS presents a style and standard for the underwriting of programs for our commercial podcast programs. In establishing these GUIDELINES, Jackleg Media LLC (Jackleg Media) has endeavored to be sensitive to the expectations of the podcast audience and to the individual podcasts within the brand channel.

Jackleg Media content is not governed by the Federal Communications Commission (FCC). However, it has elected to operate within the statutory framework (47 U. S. C. 399) and policies established by the FCC in appropriate circumstances. The FCC placed the burden on the good faith of broadcasters to prevent abuses and to maintain the essential character of the service. The FCC also set forth underwriting policies in the context of specific “on-air” credits. All of these FCC materials were consulted in developing the Jackleg Media LLC guidelines.

FUNCTION OF PODCASTS

Podcasts are considered the “wild west” of the media industry and are not regulated by any government entity. Podcasts differ from commercial or public radio in several ways. Podcasts can blur the line between commercial or public broadcasting, or news and opinion, and distribute niche content that would not otherwise be available commercially. Broadly, common podcast genres include news and politics, health and science, arts and entertainment, religion and philosophy, business, society and culture, health and fitness, history, travel and leisure, technology, and fiction. 

Thus, podcasts are able to produce in isolation from the demands of the commercial or public radio marketplace; without restriction or limitations on content. The solicitation of these contributions and the recognition given them are addressed in these GUIDELINES FOR UNDERWRITING OF JACKLEG MEDIA PROGRAMS

GUIDELINES

The Guidelines for both the UNDERWRITING OF JACKLEG MEDIA PROGRAMS and the ADVERTISING AND SPONSORSHIP OF JACKLEG MEDIA PROGRAMS are presented in two parts: Principles and Procedures. The Principles involve broad concepts that reflect the philosophy and standards for underwriting, advertising, and sponsorship of Jackleg Media programs. The Principles form a background for the Procedures, which are specific rules associated with the underwriting, advertising, and sponsorship of Jackleg Media programs.

UNDERWRITING PRINCIPLES AND PROCEDURES

UNDERWRITING PRINCIPLES:

PRINCIPLE A: Underwriting Sources

Jackleg Media seeks underwriting representing a broad spectrum of funding sources: corporations, individuals, academic institutions, and others. 

All funding sources are considered under the “access” principle, which means that Jackleg Media has no list of sources from which funding will not be accepted. However, potential conflict of interest and problems of listener misperception, confusion, or similar reason regarding the funder’s role and/or influence on programming will be considered in accepting or rejecting underwriting.

PRINCIPLE B: Identification of Underwriters

1. Underwriters of programming must be identified in accordance with the Communications Act of 1934, but also deserve credit for their support.

2. When a significant portion of another Jackleg Media program is used, underwriting acknowledgements for that program must be aired as often as the original show airs the acknowledgement. See PROCEDURE NO. 3 (Placement and Usage of Acknowledgements) for amplification of “significant.”

3. All programming, including acquisitions, is subject to these underwriter identification guidelines.

4. In-podcast announcements associated with programs are an integral part of the program and must be broadcast.

5. Jackleg Media management has the option of deciding on a case-by-case basis whether insubstantial contributors should receive on-air acknowledgement. The LLC maintains a list of all contributors which may be made available for public inspection.

PRINCIPLE C: Non-promotion of Underwriter in Acknowledgements

Acknowledgements are strictly for identification of donors and should not promote the company, products, or services of the donors. Acknowledgments of contributions from non-profit entities are not subject to this identification-only rule. However, Jackleg Media may impose or lessen limitations on a case-by-case basis as long as the final product avoids listener confusion or misperception. 

PRINCIPLE D: “Consideration Received” Rule

No message or other programming material containing language that promotes the underwriter or its business shall be offered at any time in exchange for the receipt, in whole or in part, of consideration to Jackleg Media, it’s officers, directors, or employees.

PRINCIPLE E: Program Content/Editorial Control

All program content and all editorial decisions related to program distribution through Jackleg Media’s channels are the sole responsibility of Jackleg Media staff.

PRINCIPLE F: Non-Intrusiveness of Underwriting Identification

Underwriting acknowledgements should not interrupt the flow of programs or distract from the quality or sound of the programs with which they are associated.

PRINCIPLE G: Application of Underwriting

All types of Jackleg Media programs may be underwritten.

PRINCIPLE H: Acquired Programs’ Underwriting Acknowledgements

Programs or program segments, originally produced and funded by another source and then acquired for Jackleg Media will not carry the previous underwriting or sponsorship acknowledgements unless the sponsor or underwriter elects to maintain its support for the acquired program at the standard rate.

PRINCIPLE I: Local Underwriting of Jackleg Media Programs

These principles and procedures for the underwriting of specific programs under Jackleg Media define a style and a standard for Jackleg Media properties. Therefore, podcasts are encouraged to conform to these GUIDELINES when acknowledging local underwriting of transmission or processing of a Jackleg Media program.

UNDERWRITING PROCEDURES

PROCEDURE 1. Underwriter Identification Standards

An underwriter is to be identified by announcements that mention the legal name or recognized name of operation of the funder. In addition, Jackleg Media staff may select items of information from the list below which further clarify the identity of the funder:

1. The name of the underwriter’s subsidiary or bona fide operating division, or the name of the underwriter’s parent company.

2. The underwriters product or service line, identified by generic name or trade names. Very brief descriptive phrases may be permitted to describe the product or service line only if they are clearly objective. Usually such language would be limited to describing one of the following characteristics of the product or service line:

   1. Origin (e.g., “French wine”)

   2. Intended use (e.g., “children’s clothing”)

   3. Form of delivery to consumer or method of preparation (e.g., “bottled mineral water” or “draft beer”

   4. Product content (e.g., “wool suit” or “fiberglass insulation”) without reference to items generally assumed to be part of the product (e.g., “hamburgers with mustard, pickles and onions”)

3. The underwriter’s corporate slogan if it identifies, but does not promote, the underwriter or its products. The slogan must be non-promotional and value-neutral, in that it must identify the underwriter in objective terms. Permissible non-promotional slogans often describe aspects of an underwriter’s business, or characteristics of its product(s) in neutral terms.

4. The location of the underwriter’s business. This may be a city or state, or a specific address. In the alternative, it may be a generic reference to the area served (e.g, “serving the South,” or “with stores from coast to coast”).

5. Length of time in business (e.g., “providing plumbing supplies for 25 years”).

6. A telephone number (including an 800 number) if used for identification purposes. The number must be stated in such a way that no call to action is implied.

All identification will be subject to review by Jackleg Media management.

PROCEDURE 2. Number and Length of Acknowledgements

A maximum of four (4) underwriters may be identified in a single crediting announcement. If a program is funded by more than this number, a system of rotation among multiple acknowledgements may be devised. Acknowledgement of each additional underwriter will contain the name of the underwriter plus approximately ten (10) additional words per underwriter, following the guidelines detailed in PROCEDURE NO. 1 (Underwriter Identification Standards) above. The acknowledgement must also conform to the time limit established for any crediting announcement.

PROCEDURE 3. Placement and Usage of Acknowledgements

Individual programs are required to broadcast all underwriting announcements provided with the Jackleg Media programs, or alternatively, individual programs may have a staff announcer read the acknowledgements in language supplied by Jackleg Media.

Underwriting acknowledgments may be given near the opening and near the close of any program, as appropriate. Certain formats may allow variations; for example, a discrete program segment which contains material supported by a specific underwriter may warrant a separate acknowledgement in that segment rather than at the end of the program. When such modular material is distributed separately, Jackleg Media will inform the programs of any particular requirements for such acknowledgements.

Jackleg Media will always take the responsibility of informing programs about all underwriting and underwriting acknowledgements, and will provide related materials as necessary.

PROCEDURE 4. Audio Logos

1. Music or other sounds that might be associated with an underwriter’s advertising, jingles, or products are not encouraged as they interfere with uniform sound quality.

2. Existing audio signatures used with a company’s name or logo are not encouraged.

3. Music or other sounds associated with a Jackleg Media program may not accompany underwriting acknowledgements.

PROCEDURE 5. Wording of Acknowledgements

1. The following basic wording will be used for acknowledgment of underwriters: 

   1. “This program [or name of program] is [was] made possible [in part] with funds [contributions] provided by [name of funder plus 10 words].” 

   2. “Support for this program is provided by [name of funder plus 10 words].”
      

2. Programs which might be considered controversial should include the following phrase before the underwriting acknowledgment: 

   1. “This program was produced by Jackleg Media, which is solely responsible for its content.”
      

3. Some programs, such as live events, may require the following disclaimer: 

   1. “The views expressed on this program are not necessarily those of Jackleg Media, its underwriters, or program sponsors.”

ADVERTISING/PROMOTION PRINCIPLES AND PROCEDURES

Advertising, publicity, and promotional materials and activities for underwritten programs may be prepared by Jackleg Media, by outside production entities from which The Company acquires programs, or by the underwriters. Various forms of website, podcast, video, and all other activities may all be employed for such advertising and promotion and may occur at the program or company-wide level. Advertising and promotions for Jackleg Media programs should be compatible with the nature and image of the company or program.

ADVERTISING/PROMOTION PRINCIPLES:

PRINCIPLE AA: Fairness, Equity, and Consistency

All advertising, publicity, and promotions featured on Jackleg Media programs should reflect fair, equitable, and consistent standards and procedures in the following areas:

1. Identification of Sponsors

   1. Programs will feature regular and predictable advertising breaks in accordance with the number of sponsors and the format of the program. Advertisements can be pre-recorded by the sponsor, a voiceover by Jackleg Media staff, or read by the hosts of the program.

2. Access to Opportunity

   1. All Jackleg Media programs, generally, are open to any sponsor. Placement of advertisements are the sole responsibility and discretion of Jackleg Media management or designated staff. 

   2. Advertisements or sponsor messages must conform to Company quality standards. Jackleg Media staff will undertake due diligence to ensure an advertisement conforms to Company policies, standards and guidelines.

   3. Jackleg Media management may reject an advertisement or advertiser that fails to meet Company policies, standards, and guidelines.

3. Consistent Sound Quality

   1. Jackleg Media has the sole responsibility for ensuring that advertisements maintain the program audio quality, and has the right to adjust submitted materials accordingly.

PRINCIPLE BB: Separation of Underwriter/Sponsor and Program Content

All program content, editorial decisions, and promotional materials are the sole responsibility of Jackleg Media.  Underwriters believe in the mission of Jackleg Media, which is “to promote an informed and engaged society.”  Program sponsors desire to advertise to listeners of Jackleg Media programs. 

All advertising, publicity, and promotion on Jackleg Media programs should avoid references that imply control of production or program content. Choice of wording or the placement of advertisement must make a clear separation between the subject matter of the program and the underwriter’s form of business, product, or service.

PRINCIPLE CC: Responsibility for Meeting Guidelines

The responsibility for meeting the Advertising and Promotion Principles and Procedures for Underwritten Programs of Jackleg Media rests with the producing entity, which is either Jackleg Media or a producer with whom the Company has an agreement. The accuracy of all program advertising, publicity, or promotional materials is the responsibility of the producer and Company Communications of Jackleg Media. It is required that this responsibility be so stated in any contractual agreement with a producer or an underwriter.

ADVERTISING/PROMOTION PROCEDURES:

Procedure 1/1. Local Promotion 

If a producer, a sponsor, an underwriter, or Jackleg Media prepares advertising and publicity materials to be distributed for local promotion:

1. All such materials must have adequate space for podcast identification (title & logo), corporate identification (e.g.,“Produced by Jackleg Media” or “A Jackleg Media production”)  and any other information relevant to that program.

2. Materials promoting Jackleg Media programs that originate from outside the Company shall be subject Company approval or alterations.

3. Third-party agrees not to circulate materials that lack Jackleg Media approval.

PROCEDURE 2/2. Local Promotion - Producer/Underwriter Initiation

1. If a producer, an underwriter, or Jackleg Media places advertisements directly in local markets:

   1. All relevant programs must be informed about such placements well in advance.

   2. Outside organizations carrying the program in that metropolitan area must be identified.

2. If a producer, an underwriter, sponsor, or Jackleg Media is involved in local publicity and promotional activities:

   1. Relevant programs must be informed about such activities (e.g., press materials, tours, press parties) well in advance of the activity.

   2. All press materials (posters, flyers, press releases, etc.) must identify Jackleg Media and, if applicable, sources broadcasting the program (e.g., local radio stations, TV/Internet Video Channels, etc.)

PROCEDURE 3/3. National Advertising

All print advertisements must include a phrase such as “available wherever you get podcasts.”

Procedure 4/4. On-Air Promotion

Promotional spots must not acknowledge program underwriters/sponsors, or mention their product. Any promotional spot prepared by a sponsor or underwriter must conform to PRINCIPLE BB above (Separation of Underwriter/Sponsor and Program Content).

PROCEDURE 5/5. Suggested Texts for Identifying Underwriters

1. To avoid connotation of ownership or control, the following is acceptable:

   1. “[NAME OF PROGRAM] is underwritten/made possible by ________.”

2. If there is more than one underwriter, each should be credited in the order of funding level (if applicable) or in alphabetical order according to the discretion of the producer.
   

PROCEDURE 6/6. Sponsored Episodes and Content

A sponsor or underwriter might request the production of an episode about a specific topic. That request will be considered by Jackleg Media on a case-by-case basis, and acceptance or rejection of the topic for any reason will not impact the Agreement. A sponsored topic must conform to PRINCIPLE BB (Separation of Underwriter/Sponsor and Program Content), and does not convey to the outside party any editorial control whatsoever over any aspect of the content or its production.

1. Underwriter/sponsor may not request a topic that conflicts with Jackleg Media company values, and Jackleg Media may reject a request for any reason. Many aspects of Jackleg Media programming are determined in advance, and therefore it simply may not be possible to accommodate the request.

2. Jackleg Media or designated staff will work with underwriter/sponsor to ensure the topic request complies with the principles and procedures set forth in this document, and make a genuine effort to accommodate a valid sponsored topic request.

3. If Jackleg Media accepts an underwriter/sponsor’s proposed topic, the outside entity will assume all costs related to producing that program, for which it would be billed separately from the standard underwriting/sponsorship agreement before any work occurs.

4. A sponsored topic must be identified as such at the beginning of the program or segment, and during advertising breaks as determined appropriate by Jackleg Media or producer.

   1. The underwriter/sponsor may only sponsor the topic. It may not request specific language and retains no right to approve or reject the content.

   2. The sponsoring entity may provide information and data relevant to the topic request.

   3. Depending on the nature of the topic, Jackleg Media may elect to serve the sponsored topic separate from its normally scheduled program to avoid listener confusion.

   4. Jackleg Media programs will distinguish between a sponsor of the topic and a sponsor/underwriter of the program, generally.

MANAGEMENT OF UNDERWRITING PRINCIPLES AND PROCEDURES

Within these general guidelines, a number of individual questions of judgment or interpretation may arise. They will be dealt with on a case-by-case basis by Jackleg Media staff and management and clarified in writing if required. Jackleg Media retains the right to adopt changes to its principles and procedures at the discretion of management. It will provide its underwriters and sponsors with the updated guidelines, and Jackleg Media management or designated staff will work with underwriters and sponsors to accommodate changes as necessary.

Adopted by the members Sept. 1, 2021.