TERMS AND CONDITIONS
WHEREAS Pod Hive LLC “Pod Hive” is a digital advertisement placement broker that solicits advertisers for Partner Podcasts in their portfolio, both through placement of copy on the podcast and through social media mentions;
WHEREAS The Podcast “Podcast Partner” desires to use Pod Hive’s services in order to broker the sale advertisements from Advertisers to be placed on their podcast and through related social media accounts;
These terms and conditions apply to a prospective Podcast Partner requesting to join Pod Hive’s advertising network.
1. In agreeing to these terms the Podcast Partner hereby certifies that they are an authorized representative of the podcast program and related social media, and are willing to entertain in good faith advertising offers brokered to them through Pod Hive, for the purpose of placing sponsored advertising messages into the podcast or related social media accounts.
2. The Podcast Partner is able in a timely fashion to supply statistical reports and show schedules to Pod Hive for the purposes of soliciting potential advertisers, planning and confirming the placement of advertisements.
3. Any advertising agreements will be bound to an additional contractual agreement and terms and conditions to be furnished by Pod Hive to Podcast Partners.
4. The Podcast Partner agrees to allow incidental use of their logo or other materials on the site and through other communications by Pod Hive for the purposes of promoting the Podcast Partner, Pod Hive, and in the process of soliciting advertisements for the Pod Hive network.
5. The Podcast Partner agrees to not defame or otherwise speak in a negative fashion through their show or related social media about Pod Hive or and of its Advertisers.
6. Pod Hive may reject or terminate from their network any Podcast Partner for any reason. Acceptance to the network is subject to review and approval by Pod Hive.
7. Pod Hive shall not be liable to the Podcast Partner or any third party under or in relation to these conditions for any consequential, incidental, special, indirect, punitive or exemplary damages of any kind or nature, including but not limited to lost revenues or profits, loss of business or loss of data, or for any claim, loss or injury arising out of these Conditions.
8. Pod Hive disclaims any and all representations and warranties, including any regarding merchantability, fitness for particular purposes, suitability, compliance with laws, quality, or otherwise, with respect to the services it provides to Podcast Partners, to the maximum extent allowed under applicable law.
9. Pod Hive may give notice to the Podcast Partner of any forthcoming addition(s), deletion(s), amendment(s), or other change(s) (collectively, “Modification(s)”) to these Conditions. Pod Hive shall deliver such notice not less than fifteen (15) days prior to the effective date of any such Modification(s). If the Podcast Partner does not deliver to Pod Hive, prior to the effective date of such Modification(s), written notice of Advertiser’s election to terminate this agreement in accordance with its terms, the Podcast Partner shall conclusively be deemed to have assented to such Modification(s), which Modification(s) shall thereafter be deemed a part of these Conditions for all purposes.
10. The Podcast Partner represents and warrants that it has the full power and authority to enter into and perform these Conditions to which it is a party.
11. These Conditions shall be governed by, and construed in accordance with, the laws of the State of North Carolina applicable to contracts made and performed in North Carolina without regard to conflict of laws principles. The parties hereto submit to the exclusive jurisdiction of the state or federal courts in North Carolina for the purpose of resolving any dispute relating to the subject matter of these Conditions, an Insertion Order, or a Contract or the relationship between the parties pursuant to any Contract Documents.