Podcast Marketing Agreement & Terms of Service
Between "FAITHCASTERS.NET" and the Client
This Podcast Marketing Agreement ("Agreement") is entered into on the date indicated at the end of this document, between Freedom Through Faith Radio Network, Inc. DBA FaithCasters.net, whose address is PO Box 4936, Baltimore, Maryland, 21220, and website is https://faithcasters.net, and email address is firstname.lastname@example.org, hereinafter referred to as COMPANY and the PODCASTER / BROADCASTER 0, hereinafter referred to as "CLIENT."
The Company and the Client shall be collectively referred to as the Parties. Under this Agreement, the Company will provide Podcast Marketing Services and assistance and related services to the Client. It is understood that the podcast files will be hosted on a Third Party Administrator site, hereinafter referred to as TPA (our preferred host is "Captivate.FM") or another third party administrator of the Client choosing.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a religious media distribution platform which has the following description:
The FaithCasters.net website and marketing platform is an online service providing distribution of media from our clients using a variety of methods and technologies, including podcasting and social media promotions.
Any and all visitors to our site, whether they are registered clients or not, shall be deemed as "users" of the herein contained Services provided for the purpose of these Terms of Service. Once an individual register's and becomes a client of our Services, through the process of creating an account, the user shall be REQUIRED to approve of these Terms of Service. and is only then considered a "client." Visitors (non-clients) may use the information on this website without becoming a client or physically approving these Terms of Service. Continued use of this website by non-registered visitors indicates acceptance of these Terms of Service.
IF YOU DO NOT APPROVE OF ANY OF THESE TERMS OF SERVICE - DO NOT USE THE INFORMATION ON THIS WEBSITE.
The user and/or client hereby acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of FaithCasters.net. At its discretion, FaithCasters.net may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
FaithCasters.net does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products with our without notice. You, as the end user and/or client hereby does acknowledge, accept and agree that FaithCasters.net shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or client understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such FaithCasters.net shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalized settings.
The parties agree as follows:
By accepting this Agreement and using the Podcast Marketing Services ("Services"), Client agrees to be bound by all the terms and conditions of this Agreement.
- Provision of Services
The Company agrees to provide the Client with podcast marketing services, other than the podcast host servers. The Client will need to use a TPA to actually host the podcast episodes (Captivate.FM is our preferred server host, but the Client can choose any podcast host company). The Company reserves the right to change or modify the features of Client's service plan from time to time on 30 days written or e-mailed notice to Client. Client's continued use of the Company services after receipt of such a notice of modification shall constitute Client's acceptance of and agreement to be bound by the the Company’s modification of the terms and conditions of this Agreement.
NOTICE: If the Client uses the preferred TPA of CAPTIVATE.FM, the Client is hereby notified that the Company does receive an affiliate commission from CAPTIVATE.FM. This affiliate commission does not affect the normal price the Client would pay CAPTIVATE.FM if the hosting services were secured outside of this document. The Affiliate Commission earned by the Company and paid from CAPTIVATE.FM helps the Company to offset its expenses and keep the fees charged for marketing services provided under this agreement to a minimum.
By utilizing the marketing services of the Company under this agreement and using the TPA services of CAPTIVATE.FM, the Client agrees s/he is aware of this affiliate commission.
In addition, the Company’s Third Party Administrator (TPA) may be changed from time to time at the sole discretion of the The Company. If the TPA is changed, the client will have the option to remain with the current TPA (currently, Captivate.FM) and their host services OR to transfer to the new TPA as determined by the the Company. The prices for marketing services under this agreement are outside the Client’s contractual agreement with any TPA.
At all times, the Client has the right to choose which TPA the Client will use for their primary podcast hosting service. The services of the Company are for marketing and availability to the Christian market and are beyond the normal services provided by the TPA.
In NO CASE, shall the the Company make any decisions on behalf of the Client concerning transfer of services to another TPA.
It is understood that all files pertaining to the individual podcast and all episodes are not hosted or stored on any Company servers. All podcasts and episodes remain the exclusive property of the Client. All references and links to the Client’s podcast are simply redirecting website visitors from the Company platform to the Client’s TPA, website or product offer.
- Agreement Term
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the "Initial Term"). After the initial term, this Agreement shall be automatically renewed for successive monthly or annual periods until terminated by one of the parties as provided in this agreement.
If you subscribe for an annual payment plan, the same provisions apply except the next billing date will be 12 months from the origination date.
The Company shall not be responsible for the Client's termination of services by the TPA, for any reason that is outside of the control of the Company. The Company’s only responsibility in that situation shall be to reimburse the Client for the current monthly fee that has been paid if such services to the Client are discontinued, with or without cause, by the TPA.
- Termination without Cause
(a) Client may terminate this Agreement at any time, for any reason, by contacting the Company, either by phone or e-mail, and requesting that Client's account be canceled. In the event of a cancellation, the Company will not refund amounts already billed for the current monthly service period in which Client terminates the Agreement. Any amounts paid in advance by Client for future service terms following the current monthly service term will be promptly refunded by the Company, usually within 10 business days.
(b) The Company may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client's primary website e-mail contact address no less than 14 days prior to the service termination.
(c) If either Party terminates this Agreement, the Company will notify the Client is now responsible to TPA for all podcast related services. It is the responsibility of the CLIENT to contact the TPA (Captivate.FM or other TPA utilized by the Client) to cancel the podcast hosting services entirely OR to continue on a direct billing plan with the TPA (Captivate.FM) at the end of the current hosting period. IT IS NOT the responsibility of the Company to back up all Client's current podcast content, databases, and e-mail messages or any such thing. IT IS THE CLIENT's responsibility to work with the TPA (Captivate.FM or other TPA utilized by the Client) to obtain any and all archive files and/or to transfer services, files and data to another podcast host company other than the TPA (Captivate.FM or other TPA utilized by the Client).
- Termination for Cause
Client agrees to abide by the terms of this Agreement and by the Company’s general use policies as set forth in this Agreement, as those policies may exist from time to time. The Company may change its use policies on 30 day written notice to Customer by e-mail message, mail, or facsimile transmission. Any violation by Client of the terms of this Agreement or of the Company’s general use policies shall be grounds for immediate termination of Client's account for cause. If the Company terminates Client's account for a violation of this Agreement, the Company shall not be required to refund any amounts billed for the billing period in which the Company terminates the Client's services. The Client will be responsible for all communication from that point forward directly with the TPA (Captivate.FM or other TPA utilized by the Client).
- Payment Terms
(a) Client agrees to pay the Company the amount as indicated on the current RATE CHART as indicated on the website under PRICING. The following rates are provided as an example (and may be adjusted from time to time by the Company with 30 days written notice via mail or email to the client). Please refer to the actual payment page for current rates and annual plan rates.
$ 7 p/month (Basic Services)
$15 p/month (Advanced Services)
$30 p/month (Advanced Plus Services)
$50 p/month (Ultimate Services)
$79 per month (PRO Services)
PLEASE SEE THE PRICING PAGE ON THE MAIN WEBSITE FOR DESCRIPTION OF SERVICES OFFERED UNDER EACH PLAN
These amounts will be paid monthly (or annually) for the Company’s services. The Company reserves the right to change or modify its charges for Client's plan from time to time on 30 days notice written or e-mailed to Client. Client's continued use of the Company’s services after receipt of such a notice shall constitute Client's acceptance of and Agreement to be bound by the Company’s modified charges for its services. Additional charges for add-on services not included in Client's plan will be made as mutually agreed upon.
(b) Service charges are payable in advance on a monthly or annual basis. The Company will automatically initiate payment at the renewal date unless notified by the client at least 10 days prior to the renewal date. If the client desires an monthly invoice in lieu of automatic billing, the Company will invoice Client at the beginning of each payment period. The Company will submit all invoices to Client by e-mail. Payment is due within 10 calendar days upon receipt of invoice. Payments can be made online (PayPal) or by check. A late fee of $10 will be added to the next total due on the next invoice. Interest in the amount of 5 percent per month will be added to any outstanding invoices remaining unpaid for more than 30 days. In addition, late fees will continue to be added during each invoice period, to a maximum of two monthly invoices ($20 in late fees).
(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to the Company for services rendered under this agreement.
(d) Client agrees that ALL accounts 60 days past due will be terminated immediately, with no further notice from the the Company being required. Termination of the Client’s services by the Company does not affect the services provided to the Client by any TPA (Captivate.FM or any other third party podcasting host service).
(e) Any charges for upgrading Client's current hosting package, or performing add-on requests, will not be billed until the next invoice period.
The Company shall not be liable for any taxes and other governmental fees related to purchases made by Client or from the Company’s services. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of, or with the aid of, services provided to Client by the Company.
- Materials and Products
Any material and data Client provides to the Company in connection with Services shall be in a form requiring no additional manipulation on the part of the Company. The Company shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. The Company, in its sole discretion, may reject material or data that Client has placed on the Company servers or that Client has requested that the Company put on the Company servers. The Company agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Company’s requirements. Client's failure to amend or modify the data or material as directed by Company within a reasonable time shall be a breach of this Agreement.
The only exception to this section is for services agreed to as an UPGRADE to the services offered. However, if the Company determines it is beyond the reasonable and customary services provided or is due to insufficient material provided by the Client to the Company, this section remains in force as a breech of the agreement.
- Electronic Mail Abuse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. If the Company determines the Client is violating this provision, it will be considered a Breach of this Agreement and services may be terminated immediately by the Company with no prior notice to Client.
If Client conducts any type of email abuse to other parties that, in the Company’s sole discretion, is detrimental to the Company or to any TPA, it will be considered a Breach of this Agreement and services may be terminated immediately.
Client agrees to pay the Company all reasonable costs to remedy any administrative fees, fines to "clean up" the abusive emails sent by the Client that, in the opinion and discretion of the Host, harms the business of the Host or the TPA.
In addition, the Client will may be responsible to the TPA for any remedies it deems as necessary under the TOS between the TPA and the Client.
At a minimum, the Client shall be billed an additional $99 under this provision, over and above the normal fees for services that were part of the latest invoice.
- Violations of Network Security
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client's agreement. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, "flooding," "mail bombing," or "crashing".
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the Client is not entitled.
(f) Conducting any of the above with regard to the TPA (Captivate.FM).
- Warranty against Unlawful Use
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client's account for cause.
12. Liability; No Warranty; Limitation of Damages
(a) Client expressly agrees that use of Services provided by the Company is at Client's sole risk.
(b) The Company is not in a position, nor is able, to guarantee the uptime of services provided to the Client by any TPA (Captivate.FM or any other TPA used by the client). The Company may, in its sole discretion, offer the Client a “credit” on a future invoice of the Client can provide written proof from the TPA that accessibility to the Client was limited and fell below 80% for the calendar month.
(c) The Company cannot guarantee the 100% uptime of the website servers used by the Company to provide the marketing services to the Client under this agreement. IF the servers used by the Company experience significant downtime (below 90%), the Company may, in its sole discretion, offer “Downtime Credit” to the Client on the next invoice period. The amount of the Downtime Credit will be the percentage of “downtime” affected by the Company servers and reported to the Company by the Server Company for the website.
Downtime Credit will be reflected on the next invoice or applied to automatic billing or offered as a partial refund. Any such credit shall be applied to future invoices and will not be retroactive. This credit shall be the Client's sole and exclusive compensation for any downtime or other unavailability of the Company’s services under this Agreement. Client shall not seek any damages from the TPA for downtime under this provision. The Company and TPA shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
(d) The Company, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or implied, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(e) The Company, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Company records, programs, or services.
(f) The Company will exercise no control over the content of the information passing through the Company’s network except those controls expressly provided herein.
(g) The Company makes no warranties or representations of any kind, express or implied, for the services it is providing. The Company also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
- Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights
(a) Except as indicated below, ALL podcast files sent by the Client and used under this agreement by the Company and TPA belong to the CLIENT. The Company and TPA do not have any claim to the Copyrights, Trademarks and Other Intellectual and Proprietary Rights of the individual podcaster / broadcaster under this agreement.
(b) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary rights for the services provided to Client. Client agrees that all right, title, and interest in any product or service offered to the Client (outside the scope of the services offered under the PRICING) belongs to Company. These products and services are only for Client's use in connection with Services provided to Client as outlined in this Agreement and those provided by the TPA (as the TPA may outline in their own TOS).
(c) Client expressly warrants to the Company that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to the Company servers. The Company and TPA are not responsible for the use of copyrighted or trademarked material that may be used by the Client. The Company and TPA will be held harmless and will be indemnified by the Client if such actions are deemed to be a violation of any Copyright, Royalty or other laws as determined by the Courts.
- Hardware, Equipment, and Software
Client is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access The Company Website and TPA servers. The Company and TPA make no representations, warranties, or assurances that Client's equipment will be compatible with The Company and TPA Services.
Client expressly represents and warrants that Client and any person to whom Client grants access to Client's account as provided to and by the Company are at least 18 years of age.
Client agrees to defend, indemnify, and hold the Company and TPA harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against the Company, TPA, and all agents, servants, officers, and employees of the Company and TPA, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client's agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless the Company and TPA against liabilities arising out of:
(a) Any liability to the Company and TPA arising by virtue of any use of the Company or TPA services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client by the Company or TPA;
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and
(e) Any defective product which Client sold or distributed by means of Services provided by the Company.
Client agrees that the liability limit of the Company shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.
- Attorneys' Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Client agrees to keep the Company informed of all current contact information for Client's account. Changes in Client's account information may be reported to the Company by e-mail at email@example.com or on the Company’s website located at https://faithcasters.net. Failure to maintain or keep current all contact information shall be grounds for the Company to terminate Client's account for cause.
- Governing Law
This Agreement has been entered into in the State of Maryland, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state, regardless as to the physical location of the Client.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by the Company of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
The Company does not offer any waiver by the TPA (Captivate.FM or any other TPA as used by the Client). Any such waivers under this provision must be negotiated directly between the Client and the TPA (Captivate.FM or any other TPA as used by the Client).
- Entire Agreement
This Agreement shall constitute the entire agreement between Client and the Company, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
23. INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using FaithCasters.net to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
24. CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations as well as the Sanctions Control Program of the United States.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE - DO NOT CHECK THE BOXES AND DO NOT PROCEED.
Any continued use of this website, either by a visitor or by becoming a client indicates your total acceptance of these terms.
NOTE: Once you purchase a marketing package from our Pricing Page, you will be redirected to a "Terms of Service" form that also has a REGISTRATION FORM for you to complete. After completing the REGISTRATION FORM, you will be REQUIRED to accept these Terms of Service. The acceptance of these Terms of Service will be part of your registration process.
Robert R. Thibodeau
Freedom Through Faith Radio Network, Inc. DBA FaithCasters.net
ROBERT R THIBODEAU, President/CEO of Freedom Through Faith Radio Network, Inc. and FaithCasters.net