Terms and Conditions
Evergreen Media Partners LLC, terms and conditions updated 8/17/26.
INFLUENCER INDEMNIFICATION
Influencer agrees to defend, indemnify, and hold harmless Evergreen Media Partners, its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees and litigation costs, arising out of or relating to: (a) Influencer's breach of this Agreement; (b) Influencer's acts or omissions in connection with the services; (c) any content created, published, or distributed by Influencer; (d) any allegation that Influencer's content infringes or misappropriates any copyright, trademark, publicity right, privacy right, or other intellectual property or proprietary right of a third party; (e) Influencer's violation of any applicable federal, state, or local law, rule, regulation, or platform policy; (f) Influencer's failure to make legally required advertising or sponsorship disclosures; or (g) any false, misleading, defamatory, or unauthorized statement made by Influencer.
INFLUENCER AS INDEPENDENT CONTRACTOR
Influencer is an independent contractor and not an employee, partner, agent, joint venturer, or legal representative of Evergreen Media Partners. Influencer has no authority to make commitments, representations, warranties, agreements, or obligations on behalf of Evergreen Media Partners unless specifically authorized by Evergreen Media Partners in writing.
HOST READ ADVERTISEMENTS
1. The content of a Host Read Ad is solely the responsibility of the Advertiser. Notwithstanding, the Advertiser may not require a Host to read a specific script as part of the Host Read Ad unless Evergreen Media Partners (and, in some cases, the Host) approves the script, such approval to be notified by Evergreen Media Partners to the Advertiser in writing. Further, and without limiting the foregoing or any other right of Evergreen Media Partners contained herein, the Advertiser shall not submit a script that (i) includes derogatory, defamatory, or disparaging statements about the Host; (ii) requires the Host to endorse a competitor; or (iii) may create a moral conflict of interest with the Host’s sincerely held beliefs.
2. Evergreen Media Partners may, in its sole discretion, accept or reject any Host Read Ad.
3. It is in Evergreen Media Partners sole discretion to determine if the Host-Read Ad has been performed by a Host in accordance with the script and any other requirements agreed upon between Evergreen Media Partners, the Advertiser, and/or the Host.
4. The Advertiser represents and warrants to Evergreen Media Partners that it shall comply with all applicable laws in relation to the Advertiser’s performance of the Agreement, including the Advertiser’s performance of this Supplement. Without limiting the foregoing, to the extent any Host Read Ad contains an endorsement or testimonial by the Host, or a material connection between the Advertiser and the Host exists, the Advertiser represents and warrants to Evergreen Media Partners that all applicable requirements of the United States’ Federal Trade Commission’s (“FTC”) advertising regulations governing endorsements, testimonials and disclosures of material connections have been met and will be complied with during and after the term of the Agreement. For the avoidance of doubt, and without limiting the foregoing, if the Host Read Ad requires the Host to endorse a product or service, the Advertiser will ensure that the FTC regulations governing endorsements are strictly followed.
5. Without the prior written consent of Evergreen Media Partners, Advertiser may not use the Host Read Ad for any other purpose or on any other platform.
8. Unless otherwise agreed to by Evergreen Media Partners in writing, payment for Host Read Ads are non-refundable once the Host Read Ad read commences.
9. Without limiting its obligations pursuant to the Agreement, Advertiser agrees to indemnify, defend, and hold Evergreen Media Partners and its Affiliates, and Evergreen Media Partners and its Affiliates’ respective officers, directors, employees, and agents, harmless from and against any and all claims, losses, damages, costs (including legal fees) and causes of action arising out of (i) any breach or alleged breach of any provision, representation or warranty of this Supplement by Advertiser and (ii) the distribution or broadcast of a Host Read Ad in connection with this Supplement.
INDEMNIFICATION FOR LIABILITY
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that Advertisement and Link comply with Evergreen Media Partners LLC, advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by Evergreen Media Partners, for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such
violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to
indemnify Evergreen Media Partners, and to hold Evergreen Media Partners, harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by, arising out of or related to Advertiser’s breach of any of the foregoing representations and warranties.
LIMITATION ON DAMAGES:
In no event will Evergreen Media Partners be liable to Advertiser for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not Evergreen Media Partners, has been advised of the possibility of such damage.
COLLECTION OF FEES AND COSTS
In the case of controversy or non-payment of list rentals, fees, or other expenses, the non-prevailing party shall be responsible for payment of all collection methods, litigation, and related fees incurred in the collection of aforementioned amounts through the appellate process.
RESULTS
While Evergreen Media Partners, since its inception has successfully serviced clients, it makes no specific claims, warranties or guarantees (unless specifically stated on IO) concerning either the amount or quality of results it expects to generate from its best efforts to promote the clients’ business affairs or those that can be derived from this media buy. Client acknowledges that Evergreen Media Partners has not and cannot guarantee the outcome of any phase of the matter or matters for which Evergreen Media Partners is retained, as all expressions relative thereto can only be Evergreen Media Partner’s best estimate or position expected to be taken.