MODALPOINT LLC d.b.a. OGGN (“OGGN”) and the person, firm or entity, including, but not limited to, sponsors (“Sponsor”), their buying agencies (“Agency”) and organizations known as advertising or buying services (“Service”), seeking to purchase a podcast sponsorship (collectively called “Buyer”) hereby agree that the following terms and conditions shall govern purchase of sponsorship in any OGGN podcast.
Buyer’s sponsorship purchase is expressly conditioned on Buyer’s compliance and consent to these Terms. Buyer affirms consent to these Terms by signing an order form which specifies the details of the sponsorship (“Order Form”).
Order Forms may be completed and placed in various ways, among which, an online form or any other mutually agreed upon offline form delivered by Buyer to OGGN, including via mail, email or any other electronic or physical delivery mechanism.
1. SPONSORSHIP
(a) Buyer agrees to purchase sponsorship for a designated episodic podcast program (“Podcast”) at a monthly price for a given duration as specified in the Order Form.
(b) OGGN will attach a pre-recorded Sponsor Message to each episode Podcast episode published during the sponsorship period.
(c) OGGN will acknowledge Sponsor: (i) on the OGGN web site, and (ii) on any OGGN social media content intended to promote the Podcast.
(d) OGGN will provide Buyer with regular audience metrics reports as available from commercial podcast hosting platforms.
2.4 SPONSOR MESSAGES
(a) OGGN will produce the Sponsor Message as high quality audio using a professional voice artist.
(b) Buyer will provide OGGN with a Sponsor Message script that reads to the length specified in the Order Form.
(c) OGGN will provide editorial advice regarding the Sponsor Message script.
3. FEES, BILLING, TERM
(a) Fees – Sponsorship fees are specified in the Order Form.
(b) Billing – OGGN will invoice Buyer following Order Form signature. The first invoice amount will include sponsorship fees for the first month of the Initial Term. Following the first invoice, OGGN will invoice Buyer at the start of each sponsorship month. First and final invoices may be prorated to account for partial months. Invoices shall be payable on receipt or as otherwise specified in the Order Form.
(c) Initial Term – Sponsorship begins on the first day of the month in which the first Sponsor Message appears in the Podcast and continues for the duration specified in the Order Form.
(d) Renewal Term – The Initial Term and each Renewal Term will automatically renew for the same duration as the Initial Term. Renewal Terms may be subject to new pricing, pending at least 30 days written notice from OGGN.
(e) Makegood – Credit for errors caused by OGGN may be requested in the form of “makegood” episodes on the sponsored Podcast or any other podcast published by OGGN.
(e) Cancellation – Buyer may cancel the Initial Term and any Renewal Term by providing OGGN at least 30 days written notice.
(f) Billing and Refunds following cancellation – At the completion of the notice period, OGGN will invoice Sponsor for any sponsored episodes that have been produced but not yet billed. Conversely, OGGN will refund Sponsor for any episodes already paid for but not yet produced.
5. GENERAL
(a) OGGN obligations hereunder are subject to applicable federal, state and local laws and regulations.
(b) OGGN retains ownership and editorial control of all Podcast content.
(c) OGGN does not guarantee any specific number of listeners for any given Sponsor message.
(d) The person signing the Order Form certifies that he/she is authorized to do so on behalf of Buyer.
(e) Buyer agrees to hold and save OGGN harmless against all liability resulting from the publication information furnished by Buyer.
(f) These Terms shall be governed by and construed in accordance with the laws of the State of Texas.