This is an Agreement between Dana Malstaff International (“we,” “us,” “our”) and any individual, entity, or organization that procures our services (“you” or “your”). If you have any questions about this agreement, you can email Dana Malstaff.
Acceptance of Terms: Any work that we do for you is governed by the terms and conditions that you’re reading now. If you don’t agree to these terms, we can’t provide you with any services. This agreement is a binding contract between you and us.
Payment: Our fee structure is simple. All services are paid in advance via debit or credit card. We use industry-standard PCI Compliant third-party vendors to manage our payment system and your information.
Refunds: All sales are final once the sponsored podcasts have gone live. If you wish to terminate your sponsorship agreement it must be done at least 14 days before and sponsored episode is set to go live.
Services: You will be provided with a 15-second introduction at the beginning of the episode, and a 30-second spot in the middle of the episode for as many episodes as you purchase. Sponsorship is sold in packages of 3 episodes. You will be sponsoring both Chat it up episodes with Dana & NJ as well as Interview episodes. The Nurture Your Business episodes are not included in the sponsorship packages.
No Guarantee of Results: We will work our hardest to give you the best results possible. Additionally, we make no guarantee about the number of leads, sales, conversions, click-throughs, impressions, list signups, or any return on investment resulting from our work with you.
Independent Contractor: We are an independent contractor to you/your organization. By entering this contract, we don’t intend to create a joint venture or partnership, or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.
Not Exclusive: We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
Publicity: If you would like to send us your product before your sponsored episodes go live we will take pictures and help promote during the dates of your sponsored episodes. We do no guarantee to continue to promote your products or services.
Limitation on Liability: OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE AND ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Representations and Warranties: We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, WE, DANA MALSTAFF INTERNATIONAL, MAKE NO WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. EXCEPT AS MAY BE EXPRESSLY PROVIDED, OUR SERVICES AND ANY MATERIALS DELIVERED TO YOU ARE PROVIDED “AS IS.”
Force Majeure: We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
Governing Law/Forum Selection: California law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Carlsbad, California, and not anywhere else. You submit to the personal jurisdiction and venue of those courts. Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.