Advertising Terms And Conditions

EMPIRECAPITOLTV.COM ADVERTISING TERMS AND CONDITIONS

Updated: June 15, 2017

EMPIRECAPITOLTV.COM (hereinafter referred to as “EMPIRECAPITOLTV.COM”) agrees to provide the Client (hereinafter referred to as “CLIENT” or “YOU”) with advertising (hereinafter referred to as “ADVERTISING”) as described below. By placing an order for ADVERTISING, the CLIENT confirms they have read the Terms and Conditions of this Agreement in its entirety, and agrees to be bound thereby.

RIGHT TO APPROVE OR DENY ADVERTISING

EMPIRECAPITOLTV.COM retains the full rights to approve or deny any ADVERTISING on our platforms in our sole and absolute discretion.

ADVERTISING DETAILS AND PRICES

All ADVERTISING details and prices can be found at: https://empirecapitoltv.com/order-ad-now/

EMPIRECAPITOLTV.COM reserves the right to change these prices at their sole option.

TYPES OF ADVERTISING AVAILABLE

STARTER AD CAMPAIGN

Ad Plays Per Day: 1 per day

Length Of Video Ad: 30 Seconds

Revisions: 1

Video Hosting: Yes

Social Sharing: Yes

Setup Fee: Setup Fee Waived

ENHANCED AD CAMPAIGN

Ad Plays Per Day: 2 per day

Length Of Video Ad: 30 Seconds

Revisions: 2

Video Hosting: Yes

Social Sharing: Yes

Setup Fee: Setup Fee Waived

ADVANCED AD CAMPAIGN

Ad Plays Per Day: 4 per day

Length Of Video Ad: 30 Seconds

Revisions: 4

Video Hosting: Yes

Social Sharing: Yes

Setup Fee: Setup Fee Waived

MASS EXPOSURE AD CAMPAIGN

Ad Plays Per Day: 8 Per Day

Length Of Video Ad: 30 Seconds

Revisions: Unlimited

Video Hosting: Yes

Social Sharing: Yes

Setup Fee: Setup Fee Waived

AD PLAYS PER DAY

Ad plays are defined by how many times your video ad will show on the network in your region. For instance, if you order a starter campaign, your 30 second video ad will show 1 time per day only.

LENGTH OF VIDEO AD

Length of video ad is defined by how long the video is in seconds.

REVISIONS

Revisions are defined by how many revisions you can request during the design phase of your video ad. EMPIRECAPITOLTV.COM makes every effort to gather as much information from the Client as possible at the time the order is placed to minimize revisions. Once the Client approves the video ad, any changes requested hereafter are billed to the Client at a rate of fifty-five ($55.00) per hour, with a one (1) hour minimum. Requests for new video ads shall be charged to the Client at (349.00) + applicable taxes.

VIDEO HOSTING

EMPIRECAPITOLTV.COM agrees to host all videos on our platform, our servers, or an independent third party server or video sharing site. EMPIRECAPITOLTV.COM agrees to provide the Client with access to the video ad link or URL.

SOCIAL SHARING

EMPIRECAPITOLTV.COM may share the Client video ad on our Social Media Platforms like Facebook, Twitter, GOOGLE+, LinkedIn, YouTube, and more depending on if it was included in the Client’s order.

SETUP FEE

Setup fees may be charged to setup the Client ad on the network depending on which plan the Client ordered. These setup fees are non-refundable and are a one-time fee only.

VIDEO AD QUALITY

EMPIRECAPITOLTV.COM agrees to provide the video ad in HD1080p or 720p depending on the files provided to us by the Client for the creation and production of the video ad. EMPIRECAPITOLTV.COM shall not be responsible for low quality images or files provided to us for the use of the ad.

LINKS

All video ads contain links to the Client’s website if any. EMPIRECAPITOLTV.COM reserves the sole right in determining where to place the website link contained within the video ad.

PROHIBITED ADS

No porn, gambling, violence, racist and illegal drugs advertising allowed and will be automatically denied with no refund provided!

INVOICING & PAYMENTS

All payments for advertising must be in the form of Credit Card or PayPal and is automatically charged up front and every month to your Credit Card or PayPal account. Payments for advertising will continue until canceled by the CLIENT.

All one-time fees must be paid in advance of the production and editing of your video ad. All fees are plus taxes when applicable.

Any questions or discrepancies regarding charges must be reported to us within (15) fifteen days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges.

PAYMENT CURRENCY

All payments made to EMPIRECAPITOLTV.COM shall be in the form of lawful currency of the Canadian (CAD Dollars).

NO REFUNDS

All fees are non-refundable PERIOD, NO EXCEPTIONS.

LATE FEES AND SUSPENSION

Outstanding balances more than 15 days will be marked overdue and be subject to a 5% late fee penalty. All outstanding balances more than 30 days will be subject to a 10% late fee penalty and immediate suspension of the advertising until outstanding balances are paid. All outstanding balances more than 45 days will be subject to a 20% late fee penalty and sent to a collection agency for collection of outstanding amounts and reporting to the credit bureaus.

BONUS OR OTHER COMPENSATION

In the event EMPIRECAPITOLTV.COM provides other advertising or services to the Client, EMPIRECAPITOLTV.COM will inform the Client of the total cost and will require a signed work order, quote, estimate or contract along with payment before the other advertising or services begin.

CHANGES TO PRICING

Prices of all advertising are subject to change upon 30 days notice from EMPIRECAPITOLTV.COM. Such notice may be provided at any time by posting the changes to EMPIRECAPITOLTV.COM website or by emailing the notice to the Client.

TIME PERIOD FOR DELIVERY OF ADVERTISING

For all advertising on the network, EMPIRECAPITOLTV.COM agrees to deliver the completed video ads within 15-30 days, and they will go live within 5 days of approval by the Client.

SUPPLY OF MATERIALS

The Client must supply all materials and information required by EMPIRECAPITOLTV.COM to deliver the advertising. Such materials may include, but are not limited to, photographs, written copy, logos and other material. Where there is any delay in supplying these materials to EMPIRECAPITOLTV.COM which leads to a delay in the completion of the advertising, EMPIRECAPITOLTV.COM shall have the right to extend the time for completion by a reasonable amount.

PROJECT DELAYS

Any time frames or estimates that we give are contingent upon full Client co-operation. During the design phase, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the video ad design and production process.

APPROVAL OF WORK

On completion of the video ad, the Client will be notified and have the opportunity to review it. The Client must notify EMPIRECAPITOLTV.COM in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to EMPIRECAPITOLTV.COM as unsatisfactory within the 7-day review period will be deemed to have been approved by the Client. Once approved, or deemed approved, work cannot subsequently be rejected and the video ad will be deemed to have been completed.

REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

NON-EXCLUSIVITY

All advertising purchased from EMPIRECAPITOLTV.COM is done so on a non-exclusive basis. EMPIRECAPITOLTV.COM may freely sell advertising to anyone they so choose even if those advertisements are direct competitors of the Client.

FIRST RIGHT OF REFUSAL

The Client has the first right of refusal to renew their advertising at the previous month’s rate. If you do not renew and decide to re-join at a later date, the new posted advertising rates will apply.

INTELLECTUAL PROPERTY RIGHTS

The names, logos, graphics, icons, and service names associated with EMPIRECAPITOLTV.COM are trademarks, registered trademarks or trade dress of EMPIRECAPITOLTV.COM or its licensors or principals in Canada and/or other countries. EMPIRECAPITOLTV.COM’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of EMPIRECAPITOLTV.COM, or in any manner that is likely to cause confusion among consumers or that disparages or discredits EMPIRECAPITOLTV.COM.

The compilation of all content on EMPIRECAPITOLTV.COM is the exclusive property of EMPIRECAPITOLTV.COM and is protected by laws of Province of Ontario, and international copyright laws. The Client may not use, copy, transmit, modify, disseminate, distribute, or create any derivative works from any content from EMPIRECAPITOLTV.COM unless we have expressly authorized the Client to do so in writing.

All other trademarks or trade names not owned by EMPIRECAPITOLTV.COM that appear on EMPIRECAPITOLTV.COM are the property of their respective owners, who may or may not be affiliated with or connected to EMPIRECAPITOLTV.COM. If the Client fails to adhere to these Terms And Conditions, other content owners may take criminal or civil action against the Client. In the event legal action is taken against the Client for acts and/or omissions with regard to any content on EMPIRECAPITOLTV.COM, the Client agrees to indemnify and hold harmless EMPIRECAPITOLTV.COM and its employees, contractors, officers, directors, agents, representatives, vendors, and content providers. Also, please note that the Client may be liable for damages (including costs and attorney/lawyer’s fees) if the Client makes a false claim copyright infringement.

COPYRIGHT AND CONTENT

The Client acknowledges that the content provided to EMPIRECAPITOLTV.COM by the Client for the advertising is their sole responsibility and not in any way the responsibility of EMPIRECAPITOLTV.COM. The Client must not allow others to alter in any way, copy, disseminate, or reproduce the advertising.

TERMINATION

The Client can terminate this Agreement at anytime by providing EMPIRECAPITOLTV.COM with 30 days’ notice in writing. Phone calls will not be acceptable mediums for cancellation. The Client will need to provide written notice. Emails are sufficient.

Upon termination notice by the Client, one final payment will be charged regardless of when the termination notice is received or where the Client is at in the current month billing cycle. The advertising will remain online for (30) thirty days after EMPIRECAPITOLTV.COM receives the termination notice from the Client.

EMPIRECAPITOLTV.COM may terminate this Agreement at any time for any reason with or without cause by providing the Client notice of Agreement termination in writing.

WARRANTY AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, company logos, names and trademarks, or any other material that the Client supplies to EMPIRECAPITOLTV.COM to include in the advertising. The Client agrees to indemnify and hold EMPIRECAPITOLTV.COM harmless from any claims or legal actions related to the material the Client provides.

CONFIDENTIALITY

The Client agrees to keep confidential all Confidential Information and any uses or disclosures of Confidential Information by or on behalf of the Client must be expressly approved by EMPIRECAPITOLTV.COM in writing. The Client agrees to protect the Confidential Information and prevent any wrongful use, dissemination or publication of the Confidential Information not permitted hereunder by a reasonable degree of care, but no less than the degree of care than it uses to protect its own confidential information of a like nature.

INDEMNITY AND WAIVER

The Client agrees to indemnify and save harmless EMPIRECAPITOLTV.COM, its employees, agents, officers, and directors from any Claims arising as a result of or in relation to your relationship with EMPIRECAPITOLTV.COM.

In no event, will EMPIRECAPITOLTV.COM be liable to the Client for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EMPIRECAPITOLTV.COM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

EMPIRECAPITOLTV.COM’s liability for any claims made by the Client or third parties will be limited to the fees charged and collected from the Client by EMPIRECAPITOLTV.COM, up to a maximum of the previous 12 months.

TIME ZONE

All references in this Agreement regarding times, business days, statutory holidays and notices are as per Eastern Standard Time, and the City of Toronto, Ontario, Canada.

ASSIGNMENT OF AGREEMENT

This Agreement may not be assigned by the Client to any other person or party without our prior written consent. EMPIRECAPITOLTV.COM may assign this Agreement and all rights and or obligations hereunder to any third party without notice for any purpose including without limitation the collection of unpaid amounts, or in the event of an acquisition, corporate or business reorganization, merger or sale of the business or assets to another party or entity.

LEGAL MATTERS

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

GOVERNING LAW

This Agreement shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

EXECUTION AND COUNTERPARTS

Each Party acknowledges that prior to the execution of this Agreement, it read this Agreement, it had the opportunity to be advised by an independent legal advisor if it so desired, and that it understands and agrees to be bound by this Agreement. This Agreement may be executed in any number of counterparts, which, taken together, will constitute one Agreement. It is further agreed that faxed or electronically delivered copies of this instrument are deemed as legally binding as the original.

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior Agreements or understandings of the Parties pertaining to that subject matter.

By placing an order, I the Client acknowledge, represent and agree that this order is to be implemented, authorize payment under the advertising selected and be bound by all the Terms and Conditions of this Agreement.

CONTACT EMPIRECAPITOLTV.COM

The CLIENT can contact EMPIRECAPITOLTV.COM at any time by submitting the form on our contact us page, or by submitting a support ticket. EMPIRECAPITOLTV.COM will do our best to respond within (1) one business day.