General Terms
Updated April 17, 2024
Iverson Media and Communications LLC. d/b/a/ iMediaSalesTeam and iMediaAudiences® and Reptide Media “iMedia” General Terms and Conditions for SME Clients, Partners, Advertisers, Independent Sales Contractors, Media Partners, Websites, Data Companies, and Tech/Marketing Apps (hereafter referred to as “Partners”). This is a public notice that covers all dealings. If there are specific concerns, please contact your account lead to discuss.
Partners and iMedia have an independent contractor and/or customer relationship. No employer-employee, agency, joint venture, franchise, sales representative, or partnership relationship is created by this agreement.
Partners are solely responsible for the language, customization, and accuracy of the Content or Data sent to the market in which their Ad Spaces appear, and for all materials and content related to the purchase of advertising and marketing services, including, but not limited to:
– All marketing collateral must be in good taste, well-designed, and appealing to the target audience as approved by iMedia.
– All data collected must be in compliance with current law and best practices and standards in the US, UK, and Europe, including GDPR, CAN-SPAM, and others as generally enforced for SMEs, email, and data.
– All Partners must agree with our privacy policy located at www.imediasalesteam.com, www.imediaaudiences.com, and www.reptidemedia.com. All Partners must have an active, publicly stated privacy policy, ideally on all pages, but at minimum linked from the home page, that reflects the current fair information practices approved by the U.S. government, the UK, GDPR, and prominent internet industry organizations.
– The content may NOT infringe on any personal, intellectual property, or copyrights.
– The content may NOT contain any adult material, offensive content, or promote adult services.
– The content may NOT include:
– Racial, ethnic, political, or hate-mongering material
– Any material protected by copyright
– Investment advice, or money-making opportunities not permitted under law
– Gratuitous displays of violence or profanity
– Material that defames, abuses, or threatens physical harm
– Promotion of illegal substances or inappropriate activities
– Displaying another Client’s content within the frame of the site
– The content may NOT make use of refresh coding or timed rotation of ad banners unless otherwise approved.
– The content may NOT make any attempts to falsely inflate metrics such as ad views or clicks.
– In relation to ad banners, auto spawning of browser windows, automatic redirecting of users, pop-up windows, and framing the click-to destination of an ad banner is expressly forbidden.
– iMedia ads cannot appear on any Web pages for which the Client is not directly responsible for the content unless otherwise agreed.
– iMedia requires that all Partners comply with all Federal privacy laws, including the Children’s Online Privacy Protection Act. Partners must designate if they collect personal information from children under the age of thirteen. It is the Client’s responsibility to notify iMedia in the event of any changes in content or data collection policies.
– iMedia does not guarantee any specific percentage of paid advertising. Default Impressions may be utilized by iMedia for various purposes if not redirected by the Client.
Partners agree not to resell any campaigns or creative materials from iMedia without express written permission, and breaching this provision will result in immediate termination of the agreement.
Rates & Revenues
– iMedia will determine all advertising rates and may change them without notice. Partners are free to set rates for any advertising or marketing consulting sold and fulfilled directly.
– Rate information is proprietary and confidential and may not be shared with third parties.
– Revenue for advertising is calculated after ad-serving fees and other expenses have been deducted.
– No commissions or revenues will be shared or paid on projects that result in a new loss for iMedia through the fault of either party
Billing & Payment
– iMedia handles all accounting arrangements and provides an online summary of activity.
– Payments are made on the fifteenth day of each month for campaigns that ended at least 45 days earlier, provided that the advertiser has paid iMedia.
– Minimum payment amount is $100, and unpaid accounts may be terminated if this threshold is not met within six months. Unless otherwise specified
.- Payments under $10.00 for an inactive account will not be made and are forfeited.
– Payment will not be made until a completed W-9 or tax status form is received.
– Payment due to iMedia that are not paid within a reasonable time frame will be subject to interest and a $500 one time late fee Unless otherwise specified
– Any funds collected by iMedia from Partners that is not used within a 12 month rolling period will be forfeited unless otherwise specified.
Web Advertising
– iMedia provides code for displaying advertising on client websites. Partners agree to abide by the terms and conditions set forth in the Agreement.
– All sites must ensure compliance with privacy policies and fair information practices.
– Ownership of data collected through iMedia’s code belongs to iMedia or the advertiser.
Terms and Contract Rate
– Client earnings are based on the term and corresponding Contract Rate of the agreement.
Termination
– iMedia reserves the right to terminate the agreement at any time, with revenue for advertising run through the date of termination payable at the agreed-upon rate.
Renewal
– If no new agreement is executed, the agreement automatically renews on a month-to-month basis.
Representations, Warranties, and Covenants
– Partners represent that their content and use of advertising services will not infringe on any third-party rights and that they have the necessary authority to enter into the agreement.
Indemnification
– Partners agree to indemnify iMedia and advertisers against any claims arising from their breach of the agreement.
Disclaimers, Exclusions, and Limitations
– Both parties disclaim any warranties not expressly provided in the agreement and limit liability for certain damages.
Governing Law, Venue, Arbitration
– The agreement is governed by the laws of Massachusetts, with disputes resolved through arbitration in Boston.
WAIVER OF CLASS ACTION CLAIMS
You agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class action lawsuit. However, nothing in this section limits your right or “Marketing Company” ’s right to bring a lawsuit against each other as an individual plaintiff. This provision applies to the maximum extent permitted by applicable law to all claims that arise under, in connection with, or relate to this Privacy Policy or the Personal Information you provide to us (whether your own or any other Personal Information you provide), Personal Information that is automatically collected by us and/or obtained by us from third parties; that arose under, in connection with, or relate to any previous privacy policy in effect or that otherwise arose before these terms went into effect; or that may arise in connection with or after or otherwise relate to your Personal Information (or any other Personal Information you provide to us) after termination of any business relationship we may have with you, including cancellation or deletion of your accounts if applicable.
Successors and Assigns
– The agreement binds successors and assigns.
True-up
– iMedia may collect ‘true-up’ amounts from future earnings if necessary.
Confidential Information
– Both parties agree to maintain the confidentiality of information exchanged under the agreement.
Notification of Changes
– iMedia will notify Partners of material changes to the terms and conditions.
Partners may indicate agreement to these terms and conditions by checking the box and digitally signing online. If under 18, a hard copy must be co-signed by a parent or guardian.
For fully executed copies of the terms and conditions, Partners and Media Partners may print, fill, and fax to 781-350-5492 or scan and email to finance@imediaaudiences.com.