Mpower Media Terms and Conditions

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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").

NOTICE

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 Mpower Media's.

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 Media.

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 versions.

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.

REGISTRATION

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.

MEDIA AGREEMENT

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 schedule.)

CREATIVE APPROVALS

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.

CANCELLATION/REFUNDS/PENALTIES

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 purchase.

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.

COPYRIGHT INFORMATION

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 previously paid.

INDEMNITY

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.

TERMINATION

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 Media.

DISCLAIMERS

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 US$10.

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 membership.

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.

PRIVACY POLICY

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:

Usage tracking

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.

Cookies

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. MPower Media uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.

You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

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.

SECURITY

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.

OPT-OUT POLICY

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

YOUR CONSENT

By using this site, you consent to the collection and use of this information by MPower Media. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.