This document (the "Agreement") is a legal contract between you and Mpower
Media, that governs your use of Mpower
Media's marketing program ("Mpower Media").
Mpower Media may, from time to time, modify these terms and post a copy of
the amended Agreement at www.mpowermedia.com . If you do not agree to (or cannot
comply with) the Agreement as amended, please exit this website now. You will be
deemed to have accepted the Agreement as amended if you continue to use the
marketing program after any amendments are posted.
DESCRIPTION OF SERVICE
The following is a description on Mpower Media's primary services included in
your contract, but might not be limited to the following elements:
1. A creation of a custom commercial(s) or use of our pre-produced
commercial(s). It's understood that Mpower Media is licensing the use of its
commercials to Client for a period of time in which Client has agreed to air
them. Furthermore, it is understood that the sole ownership of commercial(s) is
2. Access to pre-produced commercials which Mpower Media will help customize
based upon your instructions, and which you may use as the basis for an
advertisement for your business through a Media Placement purchased from Mpower
3. Once you, the Client, submits editing or script information, it is
understood, unless otherwise indicated, that submittal is final authorization to
produce the commercial(s), (which means you are trusting Mpower Media's expert
abilities to create your television commercial and you cannot demand any refund
if not satisfied with the creative).
4. Upon payment of Mpower Media's fees, Mpower will license you to use a
pre-produced commercial(s) solely for the purpose of display in Media Placements
purchased from Mpower Media. Your license to use pre-produced commercials is
personal, non-transferable, non-sublicensable. You are not authorized to display
pre-produced commercials in Media Placements not purchased from Mpower Media, or
to use pre-produced commercials, customized versions of pre-produced
commercials, or the content thereof (other than Advertiser Content), in any
other manner whatsoever unless explicitly approved otherwise by Mpower Media in
writing. Your license does not include the right to possession of copies or
tapes of the pre-produced commercials either in their original or customized
5. Mpower Media agrees to assist in the purchase of media on your designated
market. It is understood by both parties that Client's information and payment
for airtime constitutes a Contract to buy Media.
To use the Mpower Media marketing program, you must register and provide
certain information, including a member (user) name, a password and a valid
email address ("Registration Data"). You agree to provide accurate Registration
Data and to update your Registration Data as necessary to keep it accurate.
Mpower Media will use your Registration Data in accordance with its privacy
policy, which you can review at www.mpowermedia.com .
You agree that you will not allow others to use your member name, password
and/or account and you are solely responsible for maintaining the
confidentiality and security of your account. You agree to notify Mpower Media
immediately of any unauthorized use of your password and/or account.
It is understood that Media Schedules / Contracts entered into by Mpower Media on
clients behalf with media vendors are subject to being altered, changed or modified
including spots being “bumped” from time to time. Any change in schedule by media
vendor during clients contract will be made up using media vendors “make good” system.
(I.e. if spots a not aired for any reason, media vendor is not responsible for
reimbursement but rather to make up missed spots during course of clients media
Mpower Media will create and produce a custom production following the directions of the
client and through the creative license granted to the client. It is the client’s responsibility
to provide all legal requirements to be followed for client’s particular product or
service. Mpower Media will not warrant any production made by Mpower Media for clients for
approval by local, municipal, state, federal or any other approval bodies. It is client’s
responsibility to obtain all approvals on product, service, and/or creative information from
local, municipal, state, federal, or any other approval bodies needed for the distribution or
dissemination of any information regarding client’s product or service. Client understands
and agrees to indemnify Mpower Media and any representatives of Mpower Media for any delays
or losses if creative submitted by Mpower Media on behalf of client does not obtain approval
from local, municipal, state, federal, media providers or any other approval bodies necessary
for the distribution or dissemination of client’s product or service.
CHARGES / BILLING
Agreement to Pay. The client is committing to pay the full dollar amount outlined through
this website, signed Commercial Agreement, and/or signed Services Agreement. Client agrees that
this website, signed Commercial Agreement, and/or signed Services Agreement represent the totality
of the contractual relationship between Mpower Media and client. Mpower Media may charge your
billing payment method for any such payment(s) as outlined in this website, signed Commercial
Agreement, and/or signed Services Agreement regardless of the presence or absence of any ancillary
documentation. You are responsible for keeping your account secure and confidential. All charges
will be billed to the billing payment method submitted when you first make a purchase or incur a
charge. If any of your billing information changes, you must update that information in
the "Client Log In" Area.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales
taxes. Mpower Media reserves the right to change this policy at any time.
Electronic Contracts. You agree that the submission you make for electronic purchase constitute
your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent
that such electronic purchase is offered to you by a third party, you acknowledge that Mpower Media
shall not be responsible or liable to you for the products or services purchased.
Discounts/Fee Waivers. Client understands that based on the website, signed Commercial
Agreement, and/or signed Services Agreement Client is receiving discounted pricing/fees/rates and/or
waivers of standard pricing/fees/rates on production services/materials (includes but not limited to
television, internet, print, radio, outdoor, movie theatre, graphic design), media placement
rates (includes but not limited to television, internet, print, radio, outdoor, movie theatre, graphic
design), and consultation services (includes but not limited to media placement rate
negotiation, copywriting, market research, marketing evaluations).
Standard Pricing/Fees/Rates. For Standard Production Prices Client will refer to www.mpowermedia.com
under “more pricing options” listed as “With no airtime commitment.” Standard Media Placement
Rates (includes but not limited to television, internet, print, radio, outdoor, movie theatre, graphic design) are
published by the respective media provider and are available upon request. Rates available through
www.mpowermedia.com are discounted rates based on contractual commitments. Standard Consultation Fees. Client
understands and agrees that any engagement through the website, signed Commercial Agreement, and/or signed
Services Agreement Client will receive consultation services, either directly or indirectly, from the
following roles at the following undiscounted hourly rates:
- Media Consultant - $100/hr
- Creative Director – $175/hr
- Production Manager - $250/hr
- Copywriter - $75/hr
- Graphic Designer - $200/hr
- Editor - $225/hr
- Media Planner - $200/hr
For a minimum of, but not restricted to, 20 billable hours per role.
It is understood and agreed to that all payments sent either through the mail or electronically are
subject to be drafted for payment on your account, with the payment form designated as primary being the
first attempted, if not received on or before their due date, regardless of the presence or absence of
any ancillary documentation. Mpower Media is authorized to draft any payment form in any
order (credit card, check from a faxed copy of check or your recorded checking account information) if
payment is not received by the established due date.
It is understood that Client has agreed to Mpower Media’s marketing program and/or services. Once
client has purchased the program and agreed to the Terms and Conditions there will be no ability to
cancel until the program and/or service term is completed.
I, the person on this website, signed Commercial Agreement, and/or signed Services Agreement have paid
for a marketing campaign using my payment form designated on this website, signed Commercial Agreement, and/or
signed Services Agreement. I agree to Mpower Media’s NO REFUND policy and forego ANY charge back/refund/reimbursement
for ANY reason. I understand any problems will be dealt with outside of a charge back/refund/reimbursement
directly with Mpower Media. I Understand I will NOT be credited back on my payment form designated on this
website, signed Commercial Agreement, and/or signed Services Agreement for any reason if I attempt to cancel the
website, signed Commercial Agreement, and/or signed Services Agreement, or are dissatisfied with service or
Buyer's acceptance of any product or service from Mpower media agrees that this transaction was consummated
within the state of Oklahoma state Laws and to the jurisdiction of Oklahoma State Courts should a dispute arise
out of this transaction. Buyer further agrees that should a default occur in any obligation of this agreement, Buyer
shall be responsible for all attorney fees and court costs involved in the prosecution of this action. Acceptance
constitutes an agreement to pay the cost and totals, within agreed terms.
Any credit card charge backs, bounced checks, or missed payments will be considered bad debts and will be
considered a breach of the website, signed Commercial Agreement, and/or signed Services Agreement placed on the
buyer's national credit report as a bad debt until Mpower Media is fully reimbursed.
It is understood and mutually agreed to that if client breaches website, signed Commercial Agreement, and/or signed
Services Agreement, client immediately owes Mpower Media any and all actual fees accrued, which will be calculated
at full, undiscounted standard rates.
Client understands and agrees that in the case where client has given monies to Mpower Media and client does not
choose to move forward, or other wise needs to pause the campaign. Mpower Media will hold the funds for 1 year from
date of contract. At that point client will have no credit with Mpower Media.
The Mpower Media's marketing program, the Client and the television
commercials part of the program, contain and/or comprise copyrighted or other
proprietary subject matter, and your use of them is governed by this Agreement,
certain end-user license agreements, and applicable law.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia
of origin that appear on or in connection with the Mpower Media's marketing
program are the property of Mpower Media and/or its affiliates, licensors and/or
licensees. You may not copy, display or use any of these marks without prior
written permission of the mark owner. The Service and the Client (and portions
of them) may be protected under patent law and may be the subject of issued
patents and/or pending patent applications.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If Mpower Media receives a
notice alleging that you have engaged in behavior that infringes Mpower Media's
intellectual property rights or reasonably suspects the same, Mpower Media may
suspend or terminate your account without notice to you. If Mpower Media
suspends or terminates your account under this paragraph, it shall have no
liability or responsibility to you, including for any amounts that you have
You agree to indemnify and hold harmless Mpower Media and its agents,
employees, representatives, licensors, affiliates, parents and subsidiaries from
and against any and all claims, losses, demands, causes of action and judgments
(including attorneys' fees and court costs) arising from or concerning your
breach of this Agreement and your use of the Mpower Media's marketing program
and to reimburse them on demand for any losses, costs or expenses they incur as
a result thereof.
Furthermore, it is understood by both parties that any legal dispute arising
from this agreement must be settle through the State of Oklahoma court system.
All the terms and conditions listed in this document are the only terms that
apply; no statements or comments made by Mpower Media representatives or any
marketing material not explicitly outlined in this terms an agreements shall
have any merit in the clients contract.
Mpower Media may in its sole discretion terminate this Agreement or suspend
your account at any time without notice to you in the event that you breach (or
Mpower Media reasonably suspects that you have breached) any provision of this
Agreement. If Mpower Media terminates this Agreement, or suspends your account
for any of the reasons set forth in this paragraph, it shall have no liability
or responsibility to you, and Mpower Media will not refund any amounts that you
have previously paid.
You understand and agree that your cancellation of your account and Service
membership is your sole right and remedy with respect to any dispute with Mpower
You understand and agree that your use of the Mpower Media's marketing
program is at your own sole risk. THE MPOWER MEDIA'S MARKETING PROGRAM (THE
"PRODUCT") IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY MPOWER MEDIA OR ITS
AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS
PARTNERS AND/OR SUPPLIERS (THE "MPOWER MEDIA ENTITIES"), AS APPLICABLE, AND, TO
THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE MPOWER MEDIA ENTITIES
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTY OF NONINFRINGEMENT. THE MPOWER MEDIA ENTITIES DO NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY
CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY MPOWER MEDIA ENTITY RESPONSIBLE
FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR
SYSTEMS YOU USE TO ACCESS) THE SERVICE OR USING THE PRODUCTS, NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY
WHATSOEVER RELATING TO ANY OF THE MPOWER MEDIA ENTITIES.
UNDER NO CIRCUMSTANCES SHALL ANY MPOWER MEDIA ENTITY BE LIABLE FOR ANY
UNAUTHORIZED USE OF THE SERVICE, TRACKS, MATERIALS AND/OR THE CLIENT.
UNDER NO CIRCUMSTANCES SHALL ANY MPOWER MEDIA ENTITY BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE
MPOWER MEDIA ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES
OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF
THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE MPOWER MEDIA ENTITIES
SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND
LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH
PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent
your entire agreement with Mpower Media with respect to your use of the Mpower
Media's marketing program. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
*SUBSCRIPTION SERVICE ADDENDUM
Mpower Media offers features that are available only to members of the
Subscription Service, as described below. Use of the Subscription Service will
be subject, in addition to all the other terms of this Agreement, to the terms
described in this Addendum. The Subscription Service is a subscription service
that you must pay to join, and you will be charged on a recurring basis for your
continued membership. If we make any changes to these terms and conditions that
you do not wish to accept, your only remedy is to terminate your subscription
DESCRIPTION OF SUBSCRIPTION SERVICE
Usage Rules -- Additions.
Agreement to Pay. By completing the Subscription Service registration, you
authorize Mpower Media to charge the applicable fee to your designated billing
payment method. Monthly subscribers are billed on a 30-day cycle, which begins
upon Subscription Service and ends 30 days thereafter (each a "Subscription
Month"). If your billing payment method changes during the term of your
subscription plan, you must immediately update the billing payment method
associated with your Mpower Media account. If Mpower Media is unable to charge
your billing payment method for an installment, Mpower Media may: (i)
immediately suspend or terminate of your account, (ii) seek collection of the
outstanding amount owed under the subscription plan and/or (iii) seek legal
action against you for breach of this Agreement.
Right to Change Subscription Fees. All fees are subject to change on a
prospective basis upon notice from Mpower Media. If you do not accept the new
fees, you should terminate your Contract immediately.
This site is owned and operated by MPower Media. Your privacy on the Internet is of the utmost importance to us. At MPower Media, we want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION MPower Media GATHERS AND TRACKS
MPower Media gathers two types of information about users:
Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums and from participation in polls and surveys:
Information MPower Media gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers' needs. Under no circumstances does MPower Media divulge any information about an individual user to a third party.
MPower Media Gathers User Information In The Following Processes:
MPower Media tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. MPower Media does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).
MPower Media sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
MPower Media uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. MPower Media never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners.
When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don't track which terms a particular user enters.
SHARING OF THE INFORMATION
MPower Media uses the above-described information to tailor our content to suit your needs. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
MPower Media operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
Opting not to register to receive our electronic newsletters.
Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users