TERMS OF SERVICE

Revised on 4-6-17

For Publishers (Podcasters, Radio and YouTube Hosts, Etc)

AdvertiseCast values our relationship with you. The terms below are meant to govern that all parties are happy and successful.

Terms of Service
AdvertiseCast's Agreement is not an exclusive commitment. You have the ability at any time to finalize any relationship you may have with AdvertiseCast. AdvertiseCast's Agreement does not prevent you from signing up with other ad networks or getting sponsors on your own. But if the sponsorship relationship originated through our platform, then all communications and business transactions must occur within AdvertiseCast for one full year. This means any sponsor you find using our service, you must conduct business within our platform for up to one full year. Doing business with the sponsor outside of our platform before the full one year term commitment expires is strictly prohibited.

You are responsible for the advertising/promotion/endorsement/content you sell and produce/fulfill for the advertiser. If you do not complete the advertising work as stated by your listing, funds will not be transferred to your account and the advertiser may leave negative feedback. If you feel you did fulfill the agreement, please contact us and we will review the case.

AdvertiseCast does not negotiate advertising terms on your behalf. Our platform is a self-serve platform --meaning you are responsible for all terms, pricing, and advertising you work-out with the advertiser. In addition publisher is responsible for vetting out the advertiser and determining if they are a good fit for their show. You have the right and are responsible to accept or reject any advertising opportuntity presented to you.

For every advertising product/service you sell on our platform, we keep 20% for our commission. For instance you sell a sponsorship package for $100.00 USD. We will keep $20.00 USD netting you $80.00 USD. The price you list your advertising for is the true price the advertiser will see and purchase from your listing page.

General Terms & Conditions

AdvertiseCast may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. Use of some services or content accessible through AdvertiseCast may require acceptance of separate agreements with AdvertiseCast and/or third parties. In consideration of your use of this Service, you agree to: (a) provide true, accurate, current, and complete information about yourself, your content (i.e. podcast or online content) and corresponding RSS, and your business as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, AdvertiseCast has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
You acknowledge and agree that you must: (a) either use AdvertiseCast World Wide Web access or provide your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

Payouts

Publishers are paid 14-days after the order is marked completed via Paypal. Funds are held for a 14-day holding period to make sure the advertiser is satisfied with the advertising service. If multiple quantity's of an advertising product is ordered, we will pay on a prorated schedule for each quantity that is completed. For instance you charge $100 per 30 second ad spot. An advertiser orders 5 of these for $500. When you complete the first ad, you will be paid $100 after the 14-day holding period.

Special Provisions for Publishers

As further consideration for your use of AdvertiseCast's free Services, Publisher agrees to permit AdvertiseCast to disclose information which Publisher has provided about his/her content (e.g. content ratings, show descriptions) and/or which AdvertiseCast has gathered on Publisher's behalf (e.g. survey results, measurement data) to AdvertiseCast Member Advertisers or to other parties at AdvertiseCast's sole discretion.
In addition, Publisher acknowledges that all data gathered by AdvertiseCast on behalf of Publisher is owned and copyrighted by AdvertiseCast. Publisher may freely use and distribute such data on its own website, on third-party websites or in other promotional material provided that any use and/or publication of such data includes attribution to AdvertiseCast next to each appearance of the data in the following manner:
For Outline: "AdvertiseCast Outline, copyright 2016 by Captivate Interactive, LLC" Note that the "AdvertiseCast Outline" text is to be hyperlinked to podcast.

Disclaimer and Limitation of Liability

By using the AdvertiseCast.com web site, including any software, content, and supported services contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, AdvertiseCast DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER AdvertiseCast NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF AdvertiseCast, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
AdvertiseCast reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice.

User Conduct of Service

While using the Service, you may not:

  1. Restrict or inhibit any other user from using and enjoying the Service; or
  2. Misrepresent your content, RSS feed, your business, or your business activities in any way; or
  3. Use the service for any unlawful, fraudulent, libelous, defamatory, threatening, abusive, hateful, or otherwise objectionable activity of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes other than as expressly permitted by AdvertiseCast of such information, software or other material; or
  6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
  7. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, AdvertiseCast is free to use extra communications from social media outlets that are used in conjunction with podcast advertising “Extras” monetary commitments.

Failure to Comply with Terms and Conditions and Termination

You acknowledge and agree that AdvertiseCast may terminate account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that AdvertiseCast in its sole discretion believes violate any of the terms and conditions, violate the rights of AdvertiseCast, or is otherwise inappropriate for continued access.
You acknowledge and agree that AdvertiseCast may in its sole discretion deny you access through AdvertiseCast to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through AdvertiseCast, and AdvertiseCast shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold AdvertiseCast and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Copyright

AdvertiseCast is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Website. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. AdvertiseCast does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website unless AdvertiseCast provides written permission.

Links From and To This Website

You acknowledge and agree that AdvertiseCast and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by AdvertiseCast or its Website.

Other Information

AdvertiseCast is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

Miscellaneous

The Terms of Service and the relationship between you and AdvertiseCast shall be governed by the laws of Wisconsin without regard to its conflict of law provisions. You and AdvertiseCast agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Wisconsin.
The failure of AdvertiseCast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

 

For Advertisers

AdvertiseCast Advertising Program Terms of Service

AdvertiseCast Advertising Program Terms (“Terms”) are entered into legal binding by Captivate Interactive LLC (“Captivate Interactive,LLC”) and the entity executing these Terms or that accepts these Terms electronically (“Customer”). These Terms govern Customer's participation in AdvertiseCast's advertising programs and services (i) that are accessible through the account(s) given to Customer in connection with these Terms or (ii) that reference or are referenced by these Terms (collectively, “Programs”). In consideration of the foregoing, the parties agree as follows:

1 Programs. Customer authorizes AdvertiseCast and its affiliates to place customer's advertising materials and related technology (collectively, “Ads” or “Creative”) on any content or property (each a “Property”) provided by AdvertiseCast or its affiliates (“Publishers”) on behalf of itself or, as applicable, a third party (“Partner”). Customer is solely responsible for all: (i) Creative, (ii) Sponsor verbiage, (iii) Properties to which Creative directs viewers (e.g., landing pages) along with the related URLs and redirects (“Destinations”). The Program is an advertising platform on which Customer authorizes AdvertiseCast use tools to format Ads. Customer may not disclose any information from the terms or existence of any non-public features.

2 Policies. Customer is solely responsible for its use of the Program (e.g., access to and use of Program accounts and safeguarding usernames and passwords) (“Use”). Program Use is subject to applicable AdvertiseCast policies and all applicable Partner policies made available by AdvertiseCast to Customer (in each case, as modified from time to time, “Policies”). Some frequently asked Policy questions are answered by the following Policies: the AdvertiseCast Privacy Policy, the Advertising Profile Policy, and trade mark guidelines. In connection with the Program, AdvertiseCast will comply with the AdvertiseCast Privacy Policy. Customer authorizes AdvertiseCast to modify Ads, as need be, as described in Policies. Customer will not, and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, or conversions, (ii) conceal conversions for Programs where they are required to be disclosed or (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect AdvertiseCast advertising related information from any Property except as expressly permitted by AdvertiseCast. Customer will direct communications regarding Ads under these Terms only to AdvertiseCast.

3 Ad Publishing, Serving and Listing. (a) Customer will provide all sponsor verbiage for each episode for each podcast (b) Customer may utilize a service solely for serving or tracking Ads under Programs that permit third party Ad serving and only if the Ad server has been authorized by AdvertiseCast to participate in the Program. (c) AdvertiseCast is not responsible or to be held accountable for the information listed on the podcast listing pages. The information listed on the publishers listing page may have not be truthful and may not be verified, therefore it is the advertisers responsibility for vetting out each publisher they wish to advertise with. AdvertiseCast will not be held responsible for any unfavorable advertising service performed by the publisher. Advertiser assumes this risk by agreeing to our terms.

4 Ad Cancellation. Unless a Policy, the Program user interface or an agreement referencing these Terms provides otherwise, either party may cancel any Ad at any time before the earlier of Ad within 48 hours of going live on air or placement, but if Customer cancels an Ad after a commitment date provided by AdvertiseCast, then Customer is responsible for any cancellation fees communicated by AdvertiseCast to Customer (if any) and the Ad may still be published. Customer must effect cancellation of Ads (i) online through Customer's account if the functionality is available, (ii) if this functionality is not available, with notice to AdvertiseCast via email to Customer's account representative or (iii) if Customer does not have an account representative, with notice to AdvertiseCast via email to hello@AdvertiseCast.com (collectively, the “Ad Cancellation Process”). Customer will not be relieved of any payment obligations for Creative not submitted or submitted by Customer after the due date provided by AdvertiseCast.

5 Warranty and Rights. Customer warrants that (a) it holds, and hereby grants AdvertiseCast, its affiliates and Partners, the rights in Creative, Sponsorship Verbiage for AdvertiseCast, its affiliates and Partners to operate the Programs and (b) all information and authorizations provided by Customer are complete, correct and current. Customer authorizes AdvertiseCast and its affiliates to automate retrieval and analysis of Sponsorship for the purposes of the Program. Customer warrants that it is authorized to act on behalf of, and has bound to these Terms, third parties, if any, for which Customer advertises in connection with these Terms (“Advertiser”). If for any reason Customer has not bound an Advertiser to these Terms, Customer will be liable for performing any obligation that the Advertiser would have if it had been bound to these Terms. AdvertiseCast may, upon request of an Advertiser, share Advertiser-specific information with Advertiser.

7 Payment. Advertiser will be charged when the ad spot is marked completed by the publisher. When the ad spot is marked "completed", the sale is final. Customer will pay all charges incurred in connection with the Program, in immediately available funds or as otherwise approved by AdvertiseCast, within a commercially reasonable time period specified by AdvertiseCast. Late payments bear interest at the rate of 15% per month (or the highest rate permitted by law, if less). Customer will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys' fees AdvertiseCast incurs in collecting late payments. Charges are solely based on AdvertiseCast's measurements for the Programs and the applicable billing metrics. Any portion of a charge not disputed in good faith must be paid in full. No party may offset any payment due under these Terms against any other payment to be made under these Terms. AdvertiseCast may, in its sole discretion, extend, revise or revoke credit at any time. AdvertiseCast is not obligated to deliver any Ads in excess of any credit limit. If ads are not performed to Customers satisfaction, they must reach out to the publisher. If the publisher never completes the ad, the advertiser will not be charged.

8 Disclaimers. EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND AdvertiseCast AND PARTNER PROPERTIES ARE PROVIDED “AS IS” AND AT CUSTOMER'S AND OPTION AND RISK AND NONE OF AdvertiseCast, ITS AFFILIATES OR AdvertiseCast'S PARTNERS MAKE ANY GUARANTEE IN CONNECTION WITH THE PROGRAM OR PROGRAM RESULTS.

9 Limitation of Liability. EXCEPT FOR SECTION 10 AND CUSTOMER'S BREACHES OF SECTIONS 3(A), 12(D) OR THE LAST SENTENCE OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN CUSTOMER'S PAYMENT OBLIGATIONS UNDER THESE TERMS, NO PARTY OR ITS AFFILIATES MAY BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO AdvertiseCast BY CUSTOMER UNDER THE TERMS.

10 Indemnification. Customer will defend, indemnify and hold harmless AdvertiseCast, its Partners, agents, affiliates, and licensors from any third party claim or liability arising out of or related to Program, Creative, Destinations, Services, Use and breach of these Terms by Customer. Partners are intended third party beneficiaries of this Section.

11 Term. AdvertiseCast may add to, delete from or modify these Terms at any time without liability. The changes to the Terms will not apply retroactively and will become effective 7 days after posting. However, changes specific to new functionality or changes made for legal reasons will be effective immediately upon notice. Either party may terminate these Terms at any time with notice to the other party, but (i) campaigns not cancelled under Section 4 and new campaigns may be run and reserved and (ii) continued Program Use is, in each case subject to AdvertiseCast's standard terms and conditions. AdvertiseCast may suspend Customer's ability to participate in the Program at any time. In all cases, the running of any campaigns after termination is in AdvertiseCast's sole discretion.

12 Miscellaneous. (a) ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAMS WILL BE GOVERNED BY WISCONSIN LAW, EXCLUDING WISCONSIN'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF WINNEBAGO COUNTY, WISCONSIN, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. (b) Nothing in these Terms will limit a party's ability to seek equitable relief. (c) These Terms are the parties' entire agreement relating to its subject and supersede any prior or contemporaneous agreements on that subject. (d) No party may make any public statement regarding the relationship contemplated by these Terms (except when required by law). (e) All notices of termination or breach must be in writing and addressed to the other party's Legal Department (or if it is not known if the other party has a Legal Department then to the other party's primary contact). All other notices must be in writing and addressed to the other party's primary contact. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable). These notice requirements do not apply to legal service of process, which is instead governed by applicable law. (f) Except for modifications to these Terms by AdvertiseCast under Section 11, all amendments must be agreed to by both parties and expressly state that it is amending these Terms. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. If any provision of these Terms is found unenforceable, the balance of the Terms will remain in full force and effect. (g) Neither party may assign any part of these Terms without the written consent of the other party, except to an affiliate but only where (I) the assignee agrees in writing to be bound by these Terms, (II) the assigning party remains liable for obligations under these Terms if the assignee defaults on them, and (III) the assigning party has notified the other party of the assignment. Any other attempt to transfer or assign is void. (h) Except as expressly listed in Section 10, there are no third-party beneficiaries to these Terms. (i) These Terms do not create any agency, partnership or joint venture among the parties. (j) Sections 1 (last sentence only) and 7 to 12 will survive termination of these Terms. (k) Except for payment obligations, no party or its affiliates is liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

13 AdvertiseCast's Agreement is not an exclusive commitment. You have the ability at any time to finalize any relationship you may have with AdvertiseCast. AdvertiseCast's Agreement does not prevent you from advertising with podcasts outside of our platform. But if the podcast relationship originated through AdvertiseCast, then all communications and business transactions must occur within AdvertiseCast for one full year. This means any podcast you find using our service, you must conduct business within our platform for up to one full year. Doing business with the podcast outside of our platform before the full one year term commitment expires is strictly prohibited.

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Captivate Interactive, LLC DBA AdvertiseCast