Rules & Resources
Bylaws & Rules

Chapter D: Article 12

D 12.1 Non-Paid Direct Request Circulation

Non-paid direct request circulation may be reported in Paragraph 1(b) of Publisher's Statements and Audit Reports provided it conforms to the following requirements:

(a) If non-paid subscription service is requested of a publisher, the letter or order requesting the non-paid service must be signed by the individual specifically requesting delivery of the publication and retained by the publication for auditor's examination.

If non-paid subscription service is requested of a publisher for employees, subsidiary companies or branch offices of corporations or institutions, the letter or order requesting the non-paid service must bear evidence of the date the request was made and carry the signature of the individual specifically requesting delivery of the publication. The request must include the name of each individual for whom the publication is being requested and the data retained by the publication for auditor's examination.

Information pertaining to the business analysis classification of all recipients must be clearly shown on the request or a reference source noted and available for auditor's examination. Telephone orders for non-paid subscription service initiated by qualified recipients or recipient's company may be reported as direct request.

(b) If non-paid request subscription service is solicited by the publisher, the order form, questionnaire or reader service card must conform to the following specifications:

(1) It must have specifically asked whether or not the individual, or corporate official in the case of group orders, wished to receive the publication by using a phrase approximating the following:
``I wish to receive (name of publication) magazine __________ Yes __________ No."
Alternate phrasing approximating the following may also be used:
``Please sign here if you wish to receive (name of publication) magazine."
Forms using the alternate phrase must be signed.
(2) If the order form used to solicit new subscribers is publication specific (does not include offers for other products or services) and is to be completed by the recipient, the order form shall not be required to contain a phrase asking whether or not the individual, or corporate official in the case of group orders, wished to receive the publication.
(3) Information pertaining to the business analysis classification of the recipient must either be requested on the order form or a reference source noted and available for auditor's examination.

E-mail, fax, and other forms of electronic mail orders for non-paid subscriptions service initiated by qualified recipients or recipient's company may be reported as direct request - written.

Telephone orders for non-paid subscription service initiated by qualified recipients or recipient's company may be reported as direct request - telecommunications.
(4) The written order form must have either required the individuals to fill in their name and address or requested their signature.

The E-mail and Internet form, must include a personalized question which only the recipient is likely to be able to answer, such as date of birth or mother's maiden name. Different questions must be used when requests are renewed and all personalized questions shall be subject to approval by the Bureau. Publishers shall be responsible for maintaining adequate records to verify the placement of the request.

When publishers use telecommunications, the telephone interview forms must have been signed and dated by the interviewer. The interviews shall, for verification purposes, include a personalized question which only the recipient is likely to be able to answer, such as date of birth or mother's maiden name. Different questions must be used when requests are renewed and all personalized questions shall be subject to approval by the Bureau. Publisher's shall be responsible for maintaining adequate records to verify the placement of the telephone calls.

(c) Non-paid subscription requests must be renewed at least once each 36 months.

(d) Non-paid request circulation must be served as follows in order to be included in the average:

(1) Publications issued monthly or less often must serve recipient every issue for at least six consecutive months; or
(2) Publications issued more often than monthly must serve recipient at least six consecutive issues, but not less than three consecutive months of service.

Copies served for less than the above requirements due to conversion to paid circulation or because of death, retirement or job change may be replaced with other non-paid request circulation.

(e) The recipient must be in the "Field Served" by the publication.

(f) When, in the judgment of the managing director, publisher's records are not sufficient to establish the facts, the Bureau may make a test by verification letters to recipients or to others involved, by personal investigations, or by such other methods as it may deem best. The cost of all such tests shall be paid by the publisher or publishers involved.

(g) When a reprint or premium is offered as an inducement to obtain direct requests for non-paid subscription service, a complete description of the offer shall appear in the Publisher's Statement and Audit Report for the period during which the offer is used.

D 12.2 Non-Paid Circulation Other Than Direct Request

(a) Non-paid circulation other than direct request may be reported in Paragraph 1(b) in Publisher's Statements and Audit Reports provided the recipient is in the field served by the publication and the age of the source documentation does not exceed 36 months.

(b) Communications from recipient and recipient's company which do not meet the direct request criteria in D 12.1 may be reported as communication other than request. Reader service reply cards, surveys, questionnaires, other written documents, electronic or telecommunications which do not satisfy direct request specifications may be included.

(c) Recognized business directories may be used as a source of non-paid circulation to the field served. Directories must be adequately identified and dated and be made available for auditor's examination.

(d) Lists of qualified recipients may be reported as non-paid to field served. Such lists must be dated and identified and are subject to auditor's examination.

(e) Non-paid circulation must be served as follows in order to be included in the average:

(1) Publications issued monthly or less often must serve recipient every issue for at least six consecutive months; or
(2) Publications issued more often than monthly must serve recipient at least six consecutive issues, but not less than three consecutive months of service.
(3) Provisions of Paragraphs (1) and (2) shown above are not applicable to members that obtain at least 90% of their non-paid circulation from American Medical Association, American Osteopathic Association or the American Dental Association lists.

Copies served for less than the above requirements due to conversion to paid circulation because of death, retirement or a job change may be replaced with other non-paid circulation.

D 12.3 Non-Paid Multi-Copy Same Addressee Circulation

(a) Non-paid multi-copy same addressee circulation is circulation delivered to designated addressees for redistribution to recipients unknown to the publisher. Records must be kept on an issue-by-issue basis to show gross distribution.

(b) Publisher's Statements and Audit Reports shall show copies distributed to designated areas but make no inference as to their final disposition.

(c) Non-paid multi-copy same addressee circulation may be reported in Paragraph 1B in Publisher's Statements and Audit Reports provided primary recipient (addressee) is in the field served by the publication and the Age of Source documentation does not exceed 36 months.

(d) Non-paid multi-copy same addressee circulation shall be reported in a separate column. Circulation may be classified by Business and Industry based upon the primary recipient's (addressee's) demographic data. In these situations the primary recipient (addressee) must provide satisfactory evidence to support the classification. Classification by title and occupation shall be "other".

(e) Non-paid multi-copy same addressee circulation initiated by a request from the primary recipient (addressee) shall be reported as "Direct request from recipient's company" in Paragraph 3B. Other acceptable sources are Business Directories, Lists, and Other Sources.

(f) Non-paid subscriptions delivered in bulk to corporations, institutions or individuals for their own employees, subsidiary companies or branches are not subject to the provisions of this rule provided the records show that copies are addressed and mailed to individuals in the employ of the subscriber or singularly to branch offices or subsidiary companies. If the copies are mailed in bulk, satisfactory documentary evidence must be maintained in the publisher's office showing that such copies are for distribution to employees, subsidiary companies or branch offices of such purchasers.

(g) Non-paid multi-copy same addressee circulation shall be fully explained in the body of the Audit Report and the Publisher's Statement, giving details of their character and nature, showing how the copies are distributed and any other amplification necessary to make possible a clear analysis of their value including the range of distribution as follows: "distributed in quantities of _______ to _______."

(h) Non-paid multi-copy same addressee subscriptions may not be fulfilled with digital editions.

D 12.4 General Explanation for Non-Qualified Circulation

(a) Business Publication Publisher's Statements and Audit Reports may include in the Explanatory Paragraph an explanation of circulation reported as non-continuous market coverage copies in non-qualified circulation, provided classification data are available to verify recipients to field served and by business and industry and/or by title and job function. Frequency of service to recipients reported in the Explanatory Paragraph shall be noted.

All data pertaining to non-continuous market coverage copies must be preserved for the auditor's examination. The Bureau reserves the right to subject the assigned classifications to a verification letter or any other tests deemed necessary if, for any reason, the evidence produced is not considered to be sufficiently conclusive.

The data shall be compiled by the publisher and verified by Bureau auditors and shall be based on an actual count of the issue analyzed.

No information may be used for classification purposes which was obtained more than three years prior to the date on which the explanation is made.

(b) Business Publication Publisher's Statements and Audit Reports may also include in the Explanatory Paragraph an explanation of circulation reported as allocated for shows and conventions. Publications shall have the option to report the distribution for selective shows within the Publisher's Statement period.

Copies allocated for shows and conventions represent circulation delivered to designated locations for redistribution. No inference shall be made as to the final disposition of copies allocated for shows and conventions. The term "non-qualified circulation" shall be noted in the Explanatory Paragraph when copies allocated for shows and conventions are reported.

Distribution records must be maintained on an issue-by-issue basis and preserved for the auditor's examination. These records shall detail the method of delivery, quantity delivered, location, date, cost of delivery and proof of payment.

(c) Noted in the Explanatory Paragraph shall be the average number of copies included in Average Non-Qualified Circulation distributed in the period as checking and promotion copies.

D 12.5 Regularly Scheduled Special Edition Circulation

Copies served to qualified recipients who receive featured edition circulation on a frequency different from regular frequency of the publication (such as once a month for a weekly publication, or once a quarter for a monthly publication) shall be identified as Regularly Scheduled Special Edition Circulation and be reported separately in all reports.

(a) Non-paid circulation must meet the requirements set forth in Rules D 12.1 and D 12.2 except as noted below. Paid circulation must be sold at qualifying prices as determined by Rules D 1.1 and D 1.2

(b) Non-paid circulation must be served as follows in order to be included in the average:

(1) Publications with a regular frequency of monthly or less often must serve recipient every issue carrying the feature editorial for at least six months; or
(2) Publications with a regular frequency of more than monthly must serve recipient every issue carrying the feature editorial for at least three months.

(c) Disclosure of the frequency in which the feature editorial is published shall be noted in Paragraphs 1(a) and 1(b) of the Publisher's Statement and Audit Report and the average copies served for that frequency shall be shown.

(d) Paragraph 2 of the Publisher's Statement and Audit Report shall include a count by issue of the additions and removals from lists of recipients of the non-paid circulation to field served.

(e) Figures analyzed in the paragraph related to the business analysis shall report association subscriptions separately if this type of circulation equals or exceeds 2 percent of the issue analyzed.

(f) Reporting of Age of Source shall be required as outlined in Bureau Rules D 5.3 for qualified non-paid circulation except that an actual analysis must be made for one issue in each statement period.

(g) An analysis by recipient of mailing address shall be required as outlined in Bureau Rules D 5.4 for non-paid except that an actual analysis must be made for one issue in each statement period.

(h) A count and analysis by states or provinces shall be required for one issue in each statement period as outlined in D 5.1.

(i) The initial analysis of regularly scheduled special edition circulation may not be reported in a Publisher's Statement until having been verified by audit.

(j) A separate analysis of subscription sales, in accord with Rule D 1.2(c) shall be provided in Publisher's Statements and Audit Reports.

(k) If the publication elects to report an anlysis of the Average Annualized Subscription Price, a separate analysis of the Average Analyzed Subscription Price, in accord with Rule D 1.2(g) shall be provided for regularly scheduled special edition circulation.

(l) A separate analysis of post-expire copies, if served, must be made in accord with Rule D 1.1, in Publisher's Statements and Audit Reports.