Sonoma County Film Office    
 

Advertising Policy


County of Sonoma Economic Development Board

The County of Sonoma Economic Development Board (“EDB”) was created pursuant to Government Code section 26104 to advise and assist the Board of Supervisors in “advertising, exploiting, and making known the resources of the county.” Under section 26106 of the Government Code, the EDB “shall advertise, exploit, and make known and exhibit the agricultural, mineral, manufacturing, and other resources of the county.”

Pursuant to these powers, the EDB operates several programs:

The Sonoma County Film Office. The charter of the Sonoma County Film Office is to competitively solicit and encourage film production in Sonoma County through marketing programs. As part of its program, the Film Office operates a web site, sonomacountyfilm.com, which provides information to potential production companies. The Film Office also produces promotional brochures containing similar information. The web site contains links to film-related companies that may assist production companies contemplating filming within Sonoma County.

Economic Development Board General Programs. The EDB, in coordination with Sonoma County businesses, operates programs, conferences, seminars, and projects of benefit to businesses and residents within Sonoma County. Local businesses or other private organizations having an interest in the subject matter of these programs often sponsor, underwrite, or provide in-kind support to such programs.

The EDB wishes to set forth guidelines governing the advertising and internet activities of its various programs through this Advertising Policy.

Part I – General Advertiser Eligibility

1.1. Eligible Businesses and Organizations – Film Office. Only film-related businesses or organizations located within Sonoma, Marin, or Napa Counties are eligible to be listed on the sonomacountyfilm.com web site or to advertise in any Film Office brochure or publication, with the exception of lodging facilities. “Film-related” businesses or organizations are those that provide services that may be used by film production companies performing work in Sonoma County.

1.2. Eligible Businesses and Organizations – Other EDB Programs. Only businesses or non-profit organizations that provide direct financial or in-kind support for EDB-sponsored programs, conferences, seminars, or projects are eligible to be listed on any EDB web site or publications, or to be included in materials created for specific EDB programs.

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Part II – Prohibited Advertisements and Web Sites; Disclaimer

2.1. Prohibited Advertisements and Web Sites. No advertisement or hyperlink to a web site shall be permitted by the Film Office or EDB if:

2.1.1. The advertisement or web site contains (or, in the case of a web site, contains links to other sites containing) obscene or pornographic material.

2.1.2. The advertisement or web site contains (or in the case of a web site, contains links to other sites containing) advertisements for tobacco products.

2.1.3. The advertisement or web site contains (or, in the case of a web site, contains links to other sites containing) commentary, advocacy, or promotion of or on social, political, religious, or rhetorical issues; advertisements for political candidates, campaigns, or organizations; or advertisements advocating a position on any public policy or social issue.

2.1.4. The advertisement or web site contains (or, in the case of a web site, contains links to other sites containing) objectionable or controversial material such that inclusion of the advertisement or web site would be contrary to community standards or would detract from the mission of the Film Office, or EDB.

2.1.5. The advertisement or web site contains (or, in the case of a web site, contains links to other sites containing) material that is false, fraudulent, deceptive, defamatory, or violates any state or federal law or regulation governing advertising or business practices generally.

2.2. Advertising Restriction Enforcement. The Film Office and EDB shall obtain from each entity or organization advertising in any Film Office, or EDB publication or having a link on a Film Office, or EDB web site, a written acknowledgement and agreement that the entity or organization has read this Advertising Policy and that all advertisements, web sites, or web links will conform to the provisions of this Advertising Policy. Such acknowledgement may be obtained in electronic format.

2.3. Notice of Leaving Web Site and Disclaimer. All web sites containing hyperlinks to non-County web sites must include a disclaimer disavowing endorsement of or responsibility for the material on linked web sites, in the form of a standardized alert that warns users who activate links to other web sites that they are leaving the Film Office/EDB site and linking to an independent web site. The alert must read substantially as follows:
“You are now leaving the Film Office/EDB web site and linking to an independent web site. The County of Sonoma is not responsible for the content of the linked site and does not endorse the services or products offered by the linked site. It is your responsibility to evaluate all offers, services, products, and information on the linked site. Do you wish to continue? Yes or No.”

2.4. Determination of Compliance with Policy. The Director of the Economic Development Board shall initially determine whether an advertisement or web link submitted for inclusion in a publication or on a web site complies with this Advertising Policy. Any dispute with respect to compliance with this Advertising Policy shall be determined by the Sonoma County Administrator. The Sonoma County Administrator may order the removal of any advertisement or web link that does not comply with this Advertising Policy.

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Part V – Advertisements in Film Office Publications

5.1. Advertising Permitted. The Film Office may sell advertising in future publications or collateral pieces, provided that the advertising conforms to the provisions of this Advertising Policy.

5.2. Advertising Rates. The rates charged for advertising by the Film Office shall be determined by the Director of the Economic Development Board following consultation with a professional advertising firm. In setting the rates, the Film Office shall consider the market rate for advertising in equivalent publications and the ability of eligible advertisers to pay the rates. In no event shall the total amount of advertising revenue collected by the Film Office for any publication exceed the actual cost (both internal and out-of-pocket) of producing and distributing the publication, without further action of the Board of Supervisors.

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Part VI – Advertisements and Hyperlinks on Film Office Web Site

6.1. Advertising not Permitted. Except as set forth below, no advertisements are permitted on the Film Office web site.

6.2. Listing of Film-Related Businesses and Organizations. The Film Office may list any film-related business or organization on the appropriate page of the Film Office web site. Such a listing may include a hyperlink to the business or organization’s web site, provided that the web site conforms to the provisions of this Advertising Policy. This basic listing and hyperlink will be provided at no cost.

6.3. Enhanced Listings and Hyperlinks. The Film Office may sell “enhanced listings” on the Film Office web site to tourism-related businesses and organizations. An “enhanced listing” may include (1) prominent placement of a listing and hyperlink (on a web page or as the result of a search function) and/or (2) use in a listing of an icon of the business or organization in place of a text hyperlink.

6.3.1. The rates charged for enhanced listings shall be determined by the Film Office. In setting the rates, the EDB Director shall consider the market rate for advertising on equivalent web sites and the ability of eligible businesses and organizations to pay the rates. In no event shall the total amount of advertising revenue collected by the Film Office for enhanced listings exceed the actual cost (both internal and out-of-pocket) of developing and maintaining the Film Office web site, without further action of the Board of Supervisors.

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Part VII – Advertisements and Web Links in EDB Publications and Web Sites

7.1. Advertising Not Permitted. Except as set forth below, no advertising is permitted in EDB publications or on EDB web sites.

7.2. Acknowledgement of Sponsorship Permitted. The Director of the EDB may include in any publication or report, or on any web site or written materials, the name, logo, service mark, or trademark of any for-profit or non-profit organization that sponsors or makes a contribution (whether financial or in-kind) to any program, conference, seminar, or project conducted under the auspices of the EDB. The Director of the EDB may also include the name, logo, service mark, or trademark of any such organization in any materials prepared for the program, conference, seminar, or project.

7.3. Hyperlinks Permitted. The Director of the EDB may include on any EDB web site a hyperlink to the web site of any for-profit or non-profit organization that sponsors or makes a contribution (whether financial or in-kind) to any program, conference, seminar, or project conducted under the auspices of the EDB, provided that the linked web site complies with the provisions of this Advertising Policy.

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Part VIII – Miscellaneous

8.1. No Right to Advertise. Notwithstanding any provision of this Advertising Policy, nothing in this Advertising Policy is intended or shall be construed to grant to any party:

8.1.1. Any right to advertise in Film Office, or EDB publications or web sites or a right to place a hyperlink on Film Office, or EDB web sites.

8.1.2. Any right to advertise in any publication, web site, or property owned or maintained by the County of Sonoma.

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