Podcast Review Day, #PodRevDay : Advertising Contract, Terms and Conditions
ADVERTISING. The advertiser shall purchase the advertising package at the rate listed and for the duration specified in the contract.
POSITIONING. Except as otherwise expressly provided in the contract, positioning of the advertisements in the Podcast Review Day, #PodRevDay newsletter/podcast is at the sole discretion of Podcast Review Day. Advertiser acknowledges that Podcast Review Day has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in the contract.
ACCEPTANCE OF ADVERTISEMENTS. Podcast Review Day may, at its sole discretion, reject any advertisements.
CANCELLATION. There are no cancellations once a campaign begins. A campaign can be postponed or suspended by an Advertiser for a maximum of sixty days. If a campaign is postponed or suspended, Podcast Review Day cannot guarantee an exact duplication of the campaign, due to a potentially limited inventory.
PAYMENT. The Advertiser shall make payment upon receipt of the Podcast Review Day invoice. In the event that the account becomes past due, in addition to other remedies as it may have, Podcast Review Day shall be relieved of its obligation to perform the advertising services under this Contract and the full of the contract shall immediately become due and payable by the Advertiser. The Advertiser must also reimburse Podcast Review Day for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify Podcast Review Day from all claims, losses, judgments, and damages arising there from. Liability from typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to acts of God, as well as other matters the Advertiser might raise relevant to this Contract, is limited to the amount charged to the Advertiser by Podcast Review Day for the applicable advertisement. Claims for an allowance of such matters must be made within seven (7) days of the first occurrence.
FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from details caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state or local governments, or other causes beyond its reasonable control.
ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.