By entering into this agreement, the client accepts the following terms and conditions:
By entering into this agreement, the client understands that the client is responsible for the technical and hardware aspects of producing the content and that the content must be scheduled in advance by a minimum of 24 hours in coordination with an e360tv representative. I furthermore understand that there will be requirements from e360tv for social streaming that may include assigning the e360tv administration access to my social accounts in order to implement the multi-casting features of e360tv LIVE.
Initial payment is due upon receipt.
Monthly payments will automatically be charged to the credit card on file on a monthly basis, approximately every 30 days.
Client and/or Agency is responsible for producing the content.
Content may be published on additional e360tv media outlets.
Client agrees to e360tv’s Distribution Terms.
Client may cancel with due cause only with 48 hrs. prior written notice to Publisher.
This document contains the entire agreement between Client and Publisher (“Agreement”). Client may not transfer or assign any of its rights under this Agreement. This Agreement may be modified only by a written document signed by both parties.
Client represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) it owns (or has the right to use) all content, including all trademarks and copyrighted material, provided to Publisher or otherwise used by Client pursuant to this Agreement; (c) the stream and any other content published or displayed pursuant to this Agreement will not violate or infringe any law, rule, regulation or right of any third party; (d) it will fulfill all representations and commitments made in any stream; and, (e) it will act at all times in accordance with all applicable laws, rules and regulations. Client shall indemnify, defend and hold harmless Publisher, its affiliated companies, and each of their officers, directors, shareholders, employees, representatives and contractors, from every claim, liability, expense or injury related to any allegation regarding: the breach of any representation or warranty made, or failure to perform any obligation undertaken, by Client pursuant to this Agreement; Client’s person, property or assets; the content of, or representations made in, any stream or on Client’s Web site; and, any other content, material or information provided, created or used by Client. Publisher will have the right to control the defense of any claim involving Publisher.
IN NO EVENT SHALL PUBLISHER BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PUBLISHER BE LIABLE TO Client FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY Client TO PUBLISHER UNDER THIS AGREEMENT FOR THE MOST RECENT THREE-MONTH PERIOD PRIOR TO ANY ALLEGED CLAIM BY Client. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING PUBLISHER SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT Client MIGHT OBTAIN FROM ANY stream; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY STREAM TO BE DISPLAYED.
Except for payment obligations, neither party shall be deemed in default of this Agreement, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott, provided that the Party relying upon this section (i) shall have given the other Party prompt written notice thereof and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, either Party may immediately terminate this Agreement.
This Agreement and the validity thereof shall be construed, interpreted and enforced pursuant to and in accordance with the substantive law (excluding choice of law provisions) of the State of California. The Parties acknowledge and agree that any action related to this Agreement or its terms may be brought only in a federal or state court sitting in California.