These terms and conditions apply in respect of all Advertising Opportunities offered by HOTROOSTERMEDIA.COM for YOUR BIZ LIVE. These terms and conditions also apply in respect of any products submitted to YOUR BIZ LIVE for Product Review.
ALL Products for YOUR BIZ LIVE Review consideration should be mailed to HOT ROOSTER MEDIA, LLC. P.O.B. 60574, Boulder City, NV 89006. Please do NOT mail products for review to a specific Reviewer unless otherwise agreed beforehand from YOUR BIZ LIVE Management. Please submit ALL Product Review requests via email to reviews [at] ybltv.com. For more information, please call 818-981-9898.
Insertion Orders are accepted subject to these terms and conditions. Terms, conditions, rates or agreements not set out in these terms and conditions or in our current rate schedules are not binding on HOT ROOSTER MEDIA, the parent company of YOUR BIZ LIVE (“the Publisher”) unless otherwise mutually agreed in writing.
These terms and conditions are deemed to be incorporated into every advertising contract between Publisher and advertiser/agency. Submission of advertising subsequent to receipt of such a contract or of these terms and conditions constitutes acceptance of these terms and conditions.
Deadlines to place and cancel advertising may vary depending on placement of advertising schedules. JPEG/GIF creative must be received by the Publisher at least 5-7 business days in advance of publication date. All rich media, including Video Ads must be received by the Publisher at least 5 business days in advance of publication date. Any creative change orders must be made in writing, acknowledged, and received by HOT ROOSTER MEDIA at least 5 business days in advance of requested change date. Unless otherwise agreed to by HOT ROOSTER MEDIA, creative change orders cannot be submitted more than once every 14 days. Advertisement specifications will be provided by HOT ROOSTER MEDIA and such specifications may be amended by Publisher at any time on notice to advertiser. The Publisher adheres to IAB USA STANDARD TERMS AND CONDITIONS AND LATE CREATIVE POLICY FOR INTERNET ADVERTISING effective March 1st, 2008 with regards to late creative.
Rates quoted are for all advertising and Publisher reserves the right to classify all advertisements. Applicable taxes are extra. A valid contract must be in place in order to obtain contract discounts. Contingent orders will not be accepted.
Extension of credit to advertising agencies is based on the agency’s acceptance of liability for all advertising placed by it and billed to its account. No endorsement, statement or disclaimer on any Insertion Order, cheque or otherwise, shall act as a waiver of this condition. Notwithstanding anything to the contrary in any insertion order, the advertiser and the agency shall be jointly and severally liable to HOT ROOSTER MEDIA for payment.
All advertising must be prepaid in advance, subject to extension of credit approval. The withholding of credit approval by HOT ROOSTER MEDIA shall not relieve advertiser from complying with these terms and conditions. Where credit terms are granted by HOT ROOSTER MEDIA, accounts are due and payable when rendered. Accounts are considered past due if payment is not made by the end of the month following billing. Payment in foreign currency must be made at the prevailing US rate of exchange. HOT ROOSTER MEDIA will invoice and bill advertiser based on Publisher’s ad rates. Failure to comply with credit terms and/or to pay invoices may result in the curtailing or withdrawal of credit privileges, and in HOT ROOSTER MEDIA ceasing to accept advertisements from advertiser/agency. HOT ROOSTER MEDIA may, at its discretion, provide access to electronic invoices (i.e., e-billing) rather than printed invoices. HOT ROOSTER MEDIA may, at its discretion, provide access to digital images of the applicable pages for retrieval by advertiser (i.e., reservation forms).
The Publisher may increase advertising rates at any time and all contracts are accepted subject to this condition. The advertiser may cancel any contract without short rate penalty on notice within 15 days after higher rates are made effective by Publisher.
Advertisers will be charged for space occupied from cut-off rule to cutoff rule, not exceeding space ordered. The printing of key codes used to track coupon redemption is not guaranteed. If the publication of YOUR BIZ LIVE is restricted or curtailed in any way, rates quoted here or in any contract and the size or placement of any advertisement shall be subject to modification without notice by the Publisher. Press limitations or other causes may require the Publisher to limit the availability of colour, insert distribution and other special classifications on selected occasions during the year.
HOT ROOSTER MEDIA reserves the right to revise, reject, discontinue or omit any advertisement, or to cancel any advertising contract, for reasons satisfactory to HOT ROOSTER MEDIA without notice and without penalty to either party. If, in HOT ROOSTER MEDIA’s opinion, revisions are required to any advertisement prior to publication, HOT ROOSTER MEDIA will notify advertiser. The Publisher may insert the word “advertisement”, “advertorial” or “advt.” adjacent to any copy.
Unless otherwise mutually agreed in writing, all advertising positions are at the sole option of HOT ROOSTER MEDIA. HOT ROOSTER MEDIA will try to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that such requests will be honoured. Adjustments, reinstatements or refunds relating to the position and/or section in which an advertisement has been published are at the sole discretion of HOT ROOSTER MEDIA.
Advertiser/agency is responsible for ensuring the accuracy of all proofs and corrections to proofs. The liability of HOT ROOSTER MEDIA or damage arising out of errors in advertisements is limited to the amount paid for the space actually occupied by the portion of the advertisement in which the error occurred, whether such error is due to the negligence of HOT ROOSTER MEDIA employees or otherwise. The liability of HOT ROOSTER MEDIA for damage arising out of non-insertion of any advertisement is limited to the amount received by HOT ROOSTER MEDIA for such advertisement, whether such non-insertion is due to the negligence of HOT ROOSTER MEDIA employees or otherwise. HOT ROOSTER MEDIA accepts no responsibility for loss of profit or any type of damages whatsoever, including any arising from the exercise of any of its rights, non-insertion of any advertisement or any error made in any advertisement whether such error is due to the negligence of HOT ROOSTER MEDIA’s employees or otherwise. If an error is made by HOT ROOSTER MEDIA, which in its judgement materially affects the value of an advertisement, a corrected advertisement will be inserted once upon demand without further charge. Such “make good” insertions will not be granted on minor errors, which in HOT ROOSTER MEDIA’s judgement do not lessen the value of the whole advertisement, or where the advertisement has been placed past HOT ROOSTER MEDIA’s deadlines for submission.
The advertiser/agency agrees to defend and fully indemnify HOT ROOSTER MEDIA for any losses or costs incurred by HOT ROOSTER MEDIA as a result of publishing any advertisement which is libelous or misleading, is in violation of anti-spam legislation (including Bill C-28), or otherwise subjects HOT ROOSTER MEDIA to liability. This indemnity shall apply to all advertisements published, even if produced by HOT ROOSTER MEDIA on behalf of the advertiser. HOT ROOSTER MEDIA expressly disclaims all warranties, representations and conditions of any kind, express or implied, by statute or otherwise, to the fullest extent permitted by law. All of HOT ROOSTER MEDIA’s limitations of liability and disclaimers set out in these terms and conditions shall apply notwithstanding the breach of a fundamental term or condition or a fundamental breach.
All materials produced by Advertiser/agency or the Publisher will remain the property of HOT ROOSTER MEDIA. Copyright in such materials shall be owned by HOT ROOSTER MEDIA. HOT ROOSTER MEDIA will not be responsible for the return of materials supplied by the advertiser unless return delivery instructions are received when the advertisement is placed.
Deadlines are subject to change. Please confirm deadlines with your HOT ROOSTER MEDIA Media Sales Representative.
AD CAMPAIGN PROCESS:
Request a Reservation Form from HOT ROOSTER MEDIA.
HOT ROOSTER MEDIA recommends Advertiser/agency to submit a Reservation Form for Ad Campaign.
Sign Insertion Order
An Insertion Order is then emailed or sent as a PDF attachment in email for Advertiser/agency to sign. A payment for 100% of the total Insertion Order is due to reserve ad placement. If Advertiser/agency changes the Insertion Order, Advertiser/agency may incur additional costs. If Advertiser/agency decides to work with HOT ROOSTER MEDIA, Advertiser/agency signs the Insertion Order and emails and/or faxes it back to us.
Submit Creatives Phase
After HOT ROOSTER MEDIA receives signed Insertion Order from Advertiser/agency, HOT ROOSTER MEDIA will email Advertiser/agency Google Drive folder hyperlink for Advertiser/agency to upload listed creatives on signed Insertion Order submitted by Advertiser/agency for specific Ad Campaign. Advertiser/agency then uploads creatives to this Google Drive folder.
Once Advertiser/agency approves Ad Campaign design and signs off on the copy (if applicable), HOT ROOSTER MEDIA produces the final piece(s). HOT ROOSTER MEDIA provides PDF proofs when applicable.
Ad Term Phase
HOT ROOSTER MEDIA launches Advertiser/agency’s Ad Campaign per ad term specified in Advertiser/agency’s signed Insertion Order.
Once Advertiser/agency’s Ad Term is complete, HOT ROOSTER MEDIA provides Ad Campaign Report(s) to Advertiser/agency via emailed PDF(s).
DELIVERY & RETURNS:
HOT ROOSTER MEDIA does not offer refunds on any Ad Campaigns or any other services provided to advertiser/agency. Advertiser/agency agrees to these terms when advertiser/agency agrees to HOT ROOSTER MEDIA’s Terms and Conditions of Use upon when 100% payment of Insertion Order is made.
HOT ROOSTER MEDIA accepts Visa, Master Card and Discover credit cards through its secure payment gateway provided by PayPal which will allow Client to make a payment to HOT ROOSTER MEDIA once HOT ROOSTER MEDIA submits an invoice to advertiser/agency via email. Advertiser/agency makes secure payments to HOT ROOSTER MEDIA on the PayPal gateway website after clicking on the “Make A Payment” link found in invoice email.
To insure a secure PCI compliant and safe online payment and all other transactions of personal data, PayPal uses a technology called SSL (Secure Socket Layer). When processing your Payment, the payment gateway uses a 256-bit SSL (Secure Socket Layer) system to encrypt all orders. SSL encrypts all communications between your computer and their server so that the information can only be read and understood by PayPal. A closed lock in the bottom corner of your browser window shows a secure connection. For further information, please consult your browser’s security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common standard in the Internet to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is nested in another frame. To check that you have a secure connection (in Internet Explorer), click the right mouse button and properties, then certificates. Then you will see if the connection is secure or not. Another way (in Netscape Navigator) is to click the right mouse button and ‘view frame info’ at the bottom of the text you will see security information.
Your credit card will be debited when you click on the “Make a Payment” button. At no stage does your credit card number get collected or stored in the PayPal system. The only parties to receive the entire credit card number is our bank and our Payment Gateway. HOT ROOSTER MEDIA has partnered with PayPal as our choice of Payment Gateway.
For all Ad Campaigns, HOT ROOSTER MEDIA requires a 100% payment to secure Ad placement. For Licensing and Reprints, HOT ROOSTER MEDIA will email a 100% invoice to Client. Once HOT ROOSTER MEDIA receives this payment, advertiser/agency will receive an email for MP4 digital download(s) and / or other licenses and reprints.
If you are concerned about using your credit card online please contact us for assistance.
COPYRIGHTS AND TRADEMARKS:
Advertiser/agency unconditionally warrants that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork furnished to HOT ROOSTER MEDIA for inclusion in advertiser/agency Advertising Opportunities and/or Logo are owned by the advertiser/agency, or that the advertiser/agency has permission from the rightful owner to use each of these elements, and the advertiser/agency agrees to hold harmless, protect, and defend HOT ROOSTER MEDIA from any claim or suit against HOT ROOSTER MEDIA arising from the use of such elements furnished to HOT ROOSTER MEDIA by the advertiser/agency. It is the Advertiser/agency’s responsibility to do a Trademark/Copyright search in order to register their logo as a company Trademark.
The Advertiser/agency agrees to indemnify and hold HOT ROOSTER MEDIA harmless from all liability, expenses, claims, actions, fees, losses or damages caused by the direct or indirect use of services/products from HOT ROOSTER MEDIA at any time and by any party. HOT ROOSTER MEDIA makes no warranty to support old browsers, text-based browsers, or color accuracy between screen and print.
Advertiser/agency further hereby agrees to defend, indemnify and hold harmless HOT ROOSTER MEDIA and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any Advertising Opportunities (iii) otherwise arises from or relates to your use of the Advertising Opportunities and /or Products. In addition, you acknowledge and agree that HOT ROOSTER MEDIA has the right to seek damages when you use the Advertising Opportunities and/or Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, In the event that HOT ROOSTER MEDIA is required to respond to a third party or law enforcement subpoena that is related to your use of the Advertising Opportunities and/or Products, HOT ROOSTER MEDIA may in its sole discretion require you to reimburse HOT ROOSTER MEDIA for its reasonable expenses associated with complying with such subpoena.
LAWS AFFECTING ELECTRONIC COMMERCE:
The Advertiser/agency agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and, except as otherwise provided in this Agreement, theAdvertiser/agency will hold harmless, protect, and defend HOT ROOSTER MEDIA from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce. Advertiser/agency also understands that HOT ROOSTER MEDIA cannot provide legal advice.
CODE, SOFTWARE, STOCK IMAGES:
Ownership of all code, stock images and software remains the property of its perspective owner(s) and/or HOT ROOSTER MEDIA. Video licensing or other licensing fees may apply for business or personal use.
THIRD PARTY WEB SITES AND SERVICES:
Advertiser/agency agrees that HOT ROOSTER MEDIA may put a byline on the bottom of Advertiser’s Advertising Opportunity, web page, presentation slide, other graphic design, custom produced video or interview segment establishing design, development, production or copyright credit. Advertiser/agency also agrees that the Advertising Opportunity created by HOT ROOSTER MEDIA for the Advertiser/agency may be included in the HOT ROOSTER MEDIA portfolio. The byline credit shall be in a font style and size that is no more prominent than the least prominent text on Advertiser/agency’s Advertising Opportunity or Video Ad, and shall be limited to the statement “Advertising Opportunity created by HOT ROOSTER MEDIA” or a comparable statement dependent upon services rendered. Removal or modification of credit is prohibited. If the Advertiser/agency would like the credit to be removed, a US$350 fee is payable to HOT ROOSTER MEDIA.
Other than Submissions (as hereinafter defined) You provide to YOUR BIZ LIVE, all content, software, scripts, images, graphics, audio, video and other materials in any form appearing on YOUR BIZ LIVE (collectively “YOUR BIZ LIVE Content”) are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to YOUR BIZ LIVE, subject to intellectual property rights under United States and international laws and conventions. Advertiser/agency understands and agrees that all YOUR BIZ LIVE Content is provided to Advertiser/agency solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent and licensing of HOT ROOSTER MEDIA and YOUR BIZ LIVE or respective owners. HOT ROOSTER MEDIA and YOUR BIZ LIVE reserves all rights not expressly granted to You. If you download, print or display any HOT ROOSTER MEDIA or YOUR BIZ LIVE Content for personal use, Advertiser/agency must retain all copyright and other proprietary notices found in connection with YOUR BIZ LIVE content.
HOT ROOSTER MEDIA reserves the right to use Advertiser/agency’s design, graphics, videos or other products created for your company or service in our portfolio as a representation of past work experience.
HOT ROOSTER MEDIA and Advertiser/agency agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Advertiser/agency and HOT ROOSTER MEDIA. Both parties warrant that they have read and understand the terms set forth in this agreement.