Terms of Service

1. Acceptance of Terms

By accessing or using Eight Media Group's website (the "Site") or any services we provide (collectively, the "Services"), you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use our Site or Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Services Description

Eight Media Group provides programmatic advertising management, media planning, media buying, campaign optimization, analytics, and related digital advertising services. The specific scope of services, pricing, and deliverables for each client engagement are set forth in separate written service agreements, insertion orders, or statements of work ("Service Agreements"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement controls.

3. Eligibility

Our Site and Services are intended for businesses and professionals. You must be at least 18 years of age and legally capable of entering into binding contracts to use our Services. Our Services are not directed to individuals acting in a personal consumer capacity.

4. Client Obligations

As a client of Eight Media Group, you agree to:

• Provide accurate, complete, and timely information necessary for campaign execution
• Ensure that all advertising materials ("Creative") you supply are original, accurate, and do not infringe any third-party intellectual property rights
• Ensure that your Creative and campaign landing pages comply with all applicable federal, state, and local laws, including FTC guidelines, CAN-SPAM, TCPA, and IAB standards
• Obtain all necessary licenses, rights, and permissions for Creative elements including images, music, trademarks, and personal data
• Not submit Creative that is false, misleading, deceptive, defamatory, obscene, or otherwise objectionable
• Provide timely payment for all invoiced services as set forth in the applicable Service Agreement

5. Advertising Standards and Brand Safety

All advertising campaigns managed by Eight Media Group are subject to the content and quality standards of the applicable DSPs, SSPs, and publishers. We reserve the right to reject or remove any Creative that:

• Violates the policies of applicable advertising platforms
• Promotes illegal products, services, or activities
• Contains adult content not pre-approved for adult-only inventory
• Includes malware, auto-downloads, or deceptive redirect practices
• Violates IAB Ad Standards or applicable self-regulatory guidelines

Eight Media Group implements brand safety controls including IAS and DoubleVerify integrations as standard on all managed campaigns. Client-specific brand safety parameters can be configured upon request and must be documented in the applicable Service Agreement.

6. Fees and Payment

Fees for Services are set forth in the applicable Service Agreement or insertion order. Unless otherwise agreed:

• Invoices are due within thirty (30) days of issuance
• Late payments may accrue interest at 1.5% per month or the maximum rate permitted by Indiana law, whichever is lower
• We reserve the right to suspend Services for accounts with overdue balances exceeding 30 days
• All fees are exclusive of applicable taxes, which are the client's responsibility

Media spend is billed at actual cost plus any applicable management fees as disclosed in the Service Agreement. Programmatic media is subject to impression delivery variance; we do not guarantee exact impression counts but optimize toward contracted targets.

7. Intellectual Property

7.1 Client Creative

You retain all rights in Creative and materials you provide to Eight Media Group. You grant us a limited, non-exclusive license to use, reproduce, and distribute your Creative solely for the purpose of executing your advertising campaigns.

7.2 Our Proprietary Materials

The Eight Media Group website, branding, reports, methodologies, and tools are our proprietary property. You may not copy, reproduce, distribute, or create derivative works from our materials without prior written consent.

7.3 Campaign Data

Performance reports, audience insights, and analytics generated from your campaigns are provided to you for your use. Aggregate, anonymized data may be used by Eight Media Group for internal analytics and benchmarking, provided that such data does not identify your company or campaigns.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public business information disclosed in connection with the Services. Confidential information may not be disclosed to third parties without prior written consent, except as required by law. This obligation survives termination of the business relationship for a period of two (2) years.

9. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EIGHT MEDIA GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR CAMPAIGN RESULT WILL BE ACHIEVED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIGHT MEDIA GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE FEES PAID BY YOU TO EIGHT MEDIA GROUP IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Eight Media Group LLC, its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your Creative or advertising content; (c) your violation of any applicable law or third-party rights; or (d) your use of the Services.

12. Term and Termination

These Terms are effective upon your first access to our Site and continue until terminated. Either party may terminate a Service Agreement as specified therein. We reserve the right to suspend or terminate access to our Site or Services at our discretion, with or without notice, for violations of these Terms. Upon termination, you remain liable for all fees accrued through the termination date, and surviving provisions (including Sections 7–13) remain in effect.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of laws provisions. Any dispute arising from these Terms or the Services shall be submitted to binding arbitration in Marion County, Indiana, under the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

14. Modifications

We may update these Terms at any time by posting a revised version on our Site. Your continued use of our Site or Services after the effective date of the updated Terms constitutes acceptance. We encourage you to review these Terms periodically.

15. Miscellaneous

These Terms, together with any applicable Service Agreements, constitute the entire agreement between you and Eight Media Group regarding their subject matter. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right or provision does not constitute a waiver. We may assign our rights and obligations under these Terms without restriction; you may not assign your obligations without our prior written consent.

16. Contact