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Megayacht News

the trusted source for megayacht and superyacht information

Megayacht News 2021 Logo
  • Home
  • Yachts
    • Associations & Organizations
          • Associations & Organizations Recent Posts
            the Marshall Islands Registry YET program
            Marshall Islands Registry Tallies 1,000 Yachts

            August 17, 2024 By Marie Cullen

            SeaKeepers program opportunities let you participate
            4 SeaKeepers Program Opportunities for Hands-on Ocean Conservation

            May 11, 2024 By Marie Cullen

            Crew Environmental Guidelines are available from Water Revolution Foundation
            First-Ever Environmental Crew Guidelines to Help Steer Eco-Friendlier Practices On Your Superyacht

            February 7, 2024 By Marie Cullen

    • Brokerage
          • Brokerage Recent Posts
            new Camper & Nicholsons Viareggio office
            Camper & Nicholsons Viareggio Office Opens, in Yachting Capital of Italy

            April 18, 2025 By Ken Kremsler

            the Feadship yacht Santa Maria
            Classic Yacht Santa Maria, Most Expensive Feadship of Her Era, for Sale

            November 25, 2024 By Diane M. Byrne

            Fraser Yachts is measuring superyacht environmental impact
            Superyacht Environmental Impact of Fraser Fleet Being Measured by YETI

            November 21, 2024 By Marie Cullen

    • Motoryachts
          • Motoryachts Recent Posts
            Maiora 42 Exuma yacht
            Maiora 42 Exuma Yacht Turns Tradition Upside Down, In Several Smart Ways

            July 11, 2025 By Diane M. Byrne

            yacht Sundance SY 80 launch
            Yacht Sundance Shows Off Silent Yachts’ Commitment to Solar-Electric Catamarans

            July 10, 2025 By Diane M. Byrne

            Sanlorenzo SX120 yacht
            Sanlorenzo SX120 Yacht Expands Crossover Range & Future-Proofs Propulsion

            July 9, 2025 By Diane M. Byrne

    • Sailing Yachts
          • Sailing Yachts Recent Posts
            yacht Simena launch
            Sailing Yacht Simena Is Ares’ Yachts First Launch

            July 7, 2025 By Marie Cullen

            superyachts named for U.S. states Janice of Wyoming
            Superyachts Named for U.S. States

            July 4, 2025 By Marie Cullen

            Perini Navi yacht Katana
            Yacht Katana Sets Sail From Perini Navi

            July 2, 2025 By Marie Cullen

    • Superyacht 101 Series
          • Superyacht 101 Series Recent Post
            Buddy Darby
            Superyacht 101 Series: Advice From Fellow Owner Buddy Darby

            November 9, 2016 By Diane M. Byrne

            Mark Robba
            Superyacht 101 Series: Advice From Fellow Owner Mark Robba

            October 31, 2016 By Diane M. Byrne

            AJ Anderson, owner's representative
            Superyacht 101 Series: Selecting an Owner’s Representative

            July 29, 2016 By Diane M. Byrne

    • Tenders, Toys, &
      Products
          • Tenders, Toys, & Products Recent Posts
            Sea Bold Portraits
            Sea Bold Portraits Turns Your Yacht Photos Into Phenomenal Art

            June 28, 2025 By Megayacht News Staff

            Vandal 60 Chase boat
            Vandal 60 Chase Is an Industrial Chic Superyacht Chase Boat

            June 18, 2025 By Diane M. Byrne

            Wet Lease, U-Boat Worx lease a submersible
            Lease a Submersible for Your Superyacht Through U-Boat Worx

            May 27, 2025 By Ken Kremsler

    • The Superyacht 6
          • The Superyacht 6 Recent Posts
            The Superyacht 6: 6 Superb Charter-Yacht Crews

            October 23, 2011 By Diane M. Byrne

            The Superyacht 6: 6 Must-See Megayachts at the Fort Lauderdale Show

            October 9, 2011 By Diane M. Byrne

            The Superyacht 6: 6 Editor’s Picks From the Monaco Yacht Show

            September 24, 2011 By Diane M. Byrne

    • Photo Galleries
          • the yacht Asani
            The Yacht Asani Welcomes You Through Visual Storytelling: Photo Gallery

            December 5, 2024 By Diane M. Byrne

            the Arcadia A96 yacht
            Arcadia A96 Yacht Is Solar Powered, Silent in Operation: Photo Gallery

            January 16, 2024 By Marie Cullen

            the Sanlorenzo yacht La La Land
            Yacht La La Land Exemplifies Sanlorenzo’s Redefinition of Space: Photo Gallery

            December 19, 2023 By Diane M. Byrne

    • Sponsored Posts
          • Yacht Sponsored Posts
  • Builders & Refit Yards
    • Builders Directory
          • A - E
          • F - L
          • M - R
          • S - Z
    • Yard News
          • Yard News Recent Posts
            LĂĽrssen celebrates its 100th anniversary
            LĂĽrssen Celebrates Its 150th Anniversary, From Motorboats to Megayachts

            June 27, 2025 By Diane M. Byrne

            Thunderbolt Marine
            Shipyard Spotlight: Thunderbolt Marine

            June 26, 2025 By Diane M. Byrne

            Pershing Yachts in Mondolfo, Italy
            Pershing Yachts, 40 Years of Iconic Style & Speed

            June 25, 2025 By Marie Cullen

    • Sponsored Posts
          • Builders Sponsored Posts
  • Charter & Cruising
    • Charter & Cruising News
          • Charter & Cruising Recent Posts
            Ultima Collection x Burgess - Ultima Corfu
            Ultima Collection x Burgess Experience Is a Luxurious Land & Sea Superyacht Escape

            July 5, 2025 By Ken Kremsler

            Maldives surfing, The Solace Odyssey option
            The Solace Odyssey Yacht Charter: Book “Chapters” for a Storytelling Experience

            June 17, 2025 By Diane M. Byrne

            charter the yacht Mischief
            Charter the Yacht Mischief in Fiji: 5 Great Reasons to Book Her

            June 16, 2025 By Marie Cullen

    • Charter Yacht Brokers
      Directory
          • A - D
          • E - L
          • M - R
          • S - Z
    • Destination Guides
          • Destination Guide Recent Posts
            Savannah is a yachting destiination
            5 Reasons Savannah Is a Yachting Destination on the Rise

            June 10, 2025 By Diane M. Byrne

            superyacht cruising in Alaska
            Superyacht Cruising in Alaska: Navigating the Legal Waters

            February 28, 2025 By Megayacht News Staff

            Maldives are South East Asia superyacht destinatons
            3 South East Asia Superyacht Destinations to Put on Your Itinerary

            January 25, 2025 By Ken Kremsler

    • Marinas News
          • Marina News Recent Posts
            Bali Benoa Marina vision
            Bali Benoa Marina Groundbreaking Advances Indonesia’s 1st Full-Service Marina

            July 3, 2025 By Ken Kremsler

            lawsuit against Safe Harbor Marinas and Safe Harbor City Boatyard
            Lawsuit Against Safe Harbor Marinas Alleges Inflated Invoices

            July 1, 2025 By Diane M. Byrne

            Navy Pier Marina
            Navy Pier Marina in Chicago Becomes a Reality After 10 Years

            June 12, 2025 By Diane M. Byrne

  • People
    • Consultants
          • Consultants Recent Posts
            Caroline and Tim Clarke of Quay Group
            Quay Group, the Evolution of Quay Crew Into a Broader but Still-Specialized Company

            June 13, 2025 By Diane M. Byrne

            new law for art on superyachts
            New Law for Art on Superyachts in European Waters May Affect You

            April 12, 2025 By Diane M. Byrne

            Oriana Schneps - Moby Maritime Media
            Beyond Basic (Boring) Boat Tours: Oriana Schneps is Changing Yachting

            April 10, 2025 By Megayacht News Staff

    • Crew
          • Crew Recent News
            why junior superyacht crew are quitting survey
            Why Your Junior Superyacht Crew Are Quitting—And What You Can Do About It

            June 24, 2025 By Marie Cullen

            the superyacht Utopia IV crash resulted from lack of proper lookouts
            Utopia IV Crewmembers Lawsuit Results in Verdict Against Owner

            April 21, 2025 By Diane M. Byrne

            non-American crew can work on superyachts in U.S. shipyards
            Non-American Crew CAN Work on Superyachts in U.S. Shipyards

            April 19, 2025 By Diane M. Byrne

    • Designer Directory
          • A - D
          • E - L
          • M - E
          • S - Z
    • Designers
          • Designers
            Anita Rivera Turcotte of Verge Yacht Design
            From Mushrooms to Luxury: Reimagining Superyachts With Verge Yacht Design

            June 4, 2025 By Megayacht News Staff

            Ivan Erdevicki
            ER Yacht Design Celebrates Quarter-Century Anniversary

            April 7, 2025 By Ken Kremsler

            Giuseppina Arena
            Giuseppina Arena: Designing Luxury From Shipyards to Shores

            December 28, 2024 By Megayacht News Staff

    • Leadership Series
          • Leadership Series Recent Posts
            Alexander Dreyfoos
            Megayacht News Leadership Series: Alexander Dreyfoos, Silver Cloud Owner

            September 6, 2016 By Diane M. Byrne

            Roberto Zambrini
            Megayacht News Leadership Series: Roberto Zambrini, Mondomarine

            August 1, 2016 By Michael Verdon

            Antonio Romano Hot Lab Yacht & Design
            Megayacht News Leadership Series: Antonio Romano, Hot Lab

            July 1, 2016 By Frances and Michael Howorth

    • Owners
          • Owners Recent Posts
            yacht Prometej
            The Yacht Prometej and Her BlueCruise Mission

            May 15, 2025 By Megayacht News Staff

            the owners of Double Haven for 30 years
            Owners of Double Haven Share Their Around-the-World Memories

            March 29, 2025 By Diane M. Byrne

            Aga Khan
            Aga Khan, Avid Yacht Owner & Yacht Club Costa Smeralda Founder, Dies

            February 5, 2025 By Diane M. Byrne

    • Yard Staff
          • Yard Staff Recent Posts
            Henk de Vries
            Henk de Vries Retires, Becomes Feadship Ambassador: Sunday Superyacht Video

            April 27, 2025 By Diane M. Byrne

            Frans Heesen
            Frans Heesen, Founder of Heesen Yachts, Dies

            April 23, 2025 By Diane M. Byrne

            Federico Ferrante
            Federico Ferrante: “Our Mission Here Is to Represent Benetti as Benetti”

            April 9, 2025 By Megayacht News Staff

  • Events
    • Awards
          • Awards Recent Posts
            6th annual Superyacht Chef Competition
            Annual Superyacht Chef Competition Coming Next Month in Monaco

            March 22, 2025 By Marie Cullen

            The Honours Nick Entwisle
            The Honours 2025 Coming to America: Nominate Someone Making a Difference

            February 25, 2025 By Diane M. Byrne

            The Honours 2024 nominations are open
            The Honours 2024 Nominations: Who’s Making a Positive Difference?

            January 17, 2024 By Marie Cullen

    • Boat Shows & Seminars
          • Boat Shows & Seminars Recent Posts
            are yacht shows too challenging chatgpt
            Protected: Are Yacht Shows too Challenging for People With Disabilities to Attend?

            May 22, 2025 By Megayacht News Staff

            Blue Wake at the Monaco Yacht Show
            Blue Wake Initiative Increasing Sustainability Solutions at the Monaco Yacht Show

            April 5, 2025 By Diane M. Byrne

            PBIBS exciting superyacht debuts
            Exciting Superyacht Debuts at the 2025 Palm Beach International Boat Show

            March 5, 2025 By Megayacht News Staff

    • Fundraisers
          • Fundraisers Recent Posts
            Amos Nachoum may attend the Bal de la Mer
            Bal de la Mer Gala Marks 25th SeaKeepers Anniversary

            October 6, 2023 By Marie Cullen

            superyacht companies support the London to Monaco cycle ride
            Join the Fifth London to Monaco Cycle Ride to Support BLUE

            September 3, 2022 By Ken Kremsler

            superyacht owners can aid Mikoko Pamoja via Yacht Carbon Offset's blue carbon initiative
            Yacht Carbon Offset’s First Blue Carbon Project

            March 27, 2021 By Marie Cullen

    • Rendezvous & Events
          • Rendezvous & Events
            World Boating Day at Benetti
            Benetti Celebrates Second-Annual World Boating Day

            May 20, 2025 By Ken Kremsler

            The South Pacific Superyacht Rendezvous
            The South Pacific Superyacht Rendezvous Invites You to Discover Fiji and More

            February 15, 2025 By Marie Cullen

            New Orleans Super Bowl superyachts
            Super Bowl Superyachts: 3 Big Beauties in New Orleans This Weekend

            February 7, 2025 By Diane M. Byrne

    • The Superyacht Cup
          • The Superyacht Cup Recent Posts
            sure to file The Superyacht Cup Palma registration is Halekai
            Ready, Set, Go: The Superyacht Cup Palma Registration Is Open

            December 8, 2023 By Ken Kremsler

            the Superyacht Cup Palma 2023 is the 27th year of the race
            Superyacht Cup Palma 2023 Setting Sail: Sunday Superyacht Video

            January 29, 2023 By Marie Cullen

            The Superyacht Cup Palma regulars and newcomers are excited
            Superyacht Cup Palma Regulars and Newcomers Set to Race

            January 29, 2022 By Marie Cullen

    • Sponsored Posts
          • Events Sponsored Posts
  • Podcasts & Videos
    • Podcasts
          • Recent Podcasts
            yachting deepfake AI dilemma
            Deep Fakes & Yacht Wakes: The AI Dilemma

            June 23, 2025 By Megayacht News Staff

            Anita Rivera Turcotte of Verge Yacht Design
            From Mushrooms to Luxury: Reimagining Superyachts With Verge Yacht Design

            June 4, 2025 By Megayacht News Staff

            understanding MYBA versus IYBA yacht contracts
            Who Keeps Your Money? Understanding MYBA Versus IYBA Yacht Contracts

            May 6, 2025 By Megayacht News Staff

    • Yacht Videos
          • Recent Yacht Videos
            sailing yacht Black Pearl
            Spectacular Sailing Yacht Black Pearl: Sunday Superyacht Video

            July 6, 2025 By Marie Cullen

            the yacht Project Thunderball construction
             Yacht Project Thunderball Speeding Through Construction: Sunday Superyacht Video

            June 15, 2025 By Marie Cullen

            yacht Lalabe
            Yacht Lalabe Welcomes a Cruising Family of Kids & Grown-Ups: Sunday Superyacht Video  

            June 8, 2025 By Ken Kremsler

    • Builder Videos
          • Recent Builder Video
            Henk de Vries
            Henk de Vries Retires, Becomes Feadship Ambassador: Sunday Superyacht Video

            April 27, 2025 By Diane M. Byrne

            Feadship's Diamond Jubilee year saw Mira restored
            Feadship’s Diamond Jubilee Year: Sunday Superyacht Video

            December 22, 2024 By Diane M. Byrne

            Christmas comes to Sunseeker
            Christmas Comes to Sunseeker: A Very Merry Megayacht Video

            December 25, 2023 By Megayacht News Staff

  • About

Advertise With Us

MegayachtNews.com has had a singular focus since 2007: providing all-original, authoritative content to American yacht owners, buyers, and their circles of influence. We empower these high-net-worth individuals to make better-educated decisions when it comes to commissioning and using their yachts. With 8,200+ articles online, we have more content than some yachting magazines have printed in a decade.

But we’re more than a website:

• We connect interested buyers directly to builders, designers, and more—and directly lead to contracts.

• We have some of the most loyal readers in yachting media.

• And, we offer a multitude of tailored marketing options to get your message heard.

Download a copy of our media kit and discuss a custom proposal, including banner ads and sponsored content, with our advertising manager, Elena Patriarca: +39 349 6138109, patriarca.elena@gmail.com. See Standard Terms and Conditions below for full advertising policy information.

STANDARD TERMS AND CONDITIONS

I. INSERTION ORDERS AND INVENTORY AVAILABILITY

  1. IO Details. RedHedInk LLC and Advertiser may execute Insertion Orders (IOs) for MegayachtNews.com that will be accepted as set forth in Section I(b). As applicable, each IO will specify: (i) the type(s) and amount(s) of Ad campaigns, (ii) the price(s) for such Ad campaigns, (iii) the maximum amount of money to be spent pursuant to the IO, and (iv) the start and end dates of the Other items that may be included are, but are not limited to, reporting requirements, any special Ad delivery scheduling and/or Ad placement requirements, and specifications concerning ownership of data collected.
  2. Availability; Acceptance. RedHedInk will make commercially reasonable efforts to notify Advertiser within two (2) business days of receipt of an IO signed by Advertiser if the specified inventory is not available. Acceptance of the IO and these Terms will be deemed the earlier of (i) written (which, unless otherwise specified, for purposes of these Terms, will include paper, fax, or e-mail communication) approval of the IO by RedHedInk and Advertiser, or (ii) the display of the first Ad impression by RedHedInk, unless otherwise agreed on the IO. Notwithstanding the foregoing, modifications to the originally submitted IO will not be binding unless approved in writing by both RedHedInk and Advertiser.
  3. Revisions. Revisions to accepted IOs will be made in writing and acknowledged by the other party in writing.

II.  AD PLACEMENT AND POSITIONING

  1. Compliance with IO. RedHedInk will comply with the IO, and will create a reasonably balanced delivery RedHedInk will provide, within the scope of the IO, an Ad to the Site specified on the IO when such Site is visited by an Internet user. Any exceptions will be approved by Advertiser in writing.
  2. Changes to Site. RedHedInk will use commercially reasonable efforts to provide Advertiser at least 10 business days prior notification of any material changes to the Site that would materially change the target audience or materially affect the size or placement of the Ad specified on the applicable IO. Should such a modification occur with or without notice, as Agency’s and Advertiser’s sole remedy for such change, Advertiser may cancel the remainder of the affected placement without penalty within the 10-day notice If RedHedInk has failed to provide such notification, Advertiser may cancel the remainder of the affected placement within 30 days of such modification and, in such case, will not be charged for any affected Ads delivered after such modification.
  3. Technical Specifications. RedHedInk will submit or otherwise make electronically accessible to Advertiser final technical specifications within two (2) business days of the acceptance of an Changes by RedHedInk to the specifications of already-purchased Ads after that two (2) business day period will allow Advertiser to suspend delivery of the affected Ad for a reasonable time (without impacting the end date, unless otherwise agreed by the parties) in order to (i) send revised Advertising Materials; (ii) accept a comparable replacement; or (iii) if the parties are unable to negotiate an alternate or comparable replacement in good faith within five (5) business days, immediately cancel the remainder of the affected placement without penalty.

III. PAYMENT AND PAYMENT LIABILITY 

  1. Invoices. The flat-fee invoice will be sent by RedHedInk upon commencement of the first month’s delivery, or within 30 days of completion of the IO, whichever is earlier. Invoices will be sent to Advertiser’s billing address as set forth on the IO and will include information reasonably specified by Advertiser, such as the Advertiser name, brand name or campaign name, and any number or other identifiable reference stated as required for invoicing on the IO. All invoices (other than corrections of previously provided invoices) pursuant to the IO will be sent within 30 days of delivery of all Ad files. RedHedInk acknowledges that failure by RedHedInk to send an invoice within such period may cause an Agency acting on behalf of an Advertiser to be contractually unable to collect payment from the Advertiser. If RedHedInk sends the invoice after the 30-day period and the Agency either has not received the applicable funds from the Advertiser or does not have the Advertiser’s consent to dispense such funds, Agency will use commercially reasonable efforts to assist RedHedInk in collecting payment from the Advertiser or obtaining Advertiser’s consent to dispense funds.
    Upon request from the Advertiser, RedHedInk will provide proof of performance for the invoiced period, which may include access to online or electronic reporting, as addressed in these Terms, subject to the notice and cure provisions of Section IV.
  2. Payment Date. Advertiser will make payment 30 days from its receipt of invoice, or as otherwise stated in a payment schedule set forth on the IO. Failure to pay the invoice will result in a $150 penalty fee being added, and a new invoice, due in full within 15 days, including this late fee will be sent to Advertiser. Any unpaid invoice remaining after this 45-day total period results in the remaining ad run being forfeited. RedHedInk may notify Advertiser that it has not received payment in such 30-day period and whether it intends to seek payment directly from Advertiser pursuant to Section III(3), below, and RedHedInk may do so five (5) business days after providing such notice.
  3. Payment Liability. Unless otherwise set forth by Advertiser on the IO, RedHedInk agrees to hold Agency liable for payments solely to the extent proceeds have cleared from Advertiser to Agency for Ads placed in accordance with the IO. For sums not cleared to Agency, RedHedInk agrees to hold Advertiser solely liable. RedHedInk understands that Agency is Advertiser’s disclosed principal and Agency, as agent, has no obligations relating to such payments, either joint or several, except as specifically set forth in this Section III(3) and Section X(3). Agency agrees to make every reasonable effort to collect and clear payment from Advertiser on a timely basis. Agency’s credit is established on a client-by-client basis. If Advertiser proceeds have not cleared for the IO, other advertisers from Agency will not be prohibited from advertising on the Site if such other advertisers’ credit is not in question. Upon request, Advertiser will make available to RedHedInk written confirmation of the relationship between Agency and Advertiser. This confirmation should include, for example, Advertiser’s acknowledgement that Agency is its agent and is authorized to act on its behalf in connection with the IO and these Terms. In addition, upon the request of RedHedInk, Agency will confirm whether Advertiser has paid to Agency in advance funds sufficient to make payments pursuant to the IO. If Agency’s or Advertiser’s credit is or becomes impaired, RedHedInk may require payment in advance.

IV. REPORTING

  1. Confirmation of Campaign Initiation. RedHedInk will, within two (2) business days of the start date on the IO, provide confirmation to Advertiser, either electronically or in writing, stating whether the components of the IO have begun delivery.
  2. RedHedInk Reporting. RedHedInk will make reporting available at least as often as monthly, either electronically or in writing, unless otherwise specified on the IO. Reports will be summarized by impressions, clicks, and click-through percentage. Once RedHedInk has provided the online or electronic report, it agrees that Agency and Advertiser are entitled to reasonably rely on it, subject to provision of RedHedInk’s invoice for such period. If Advertiser informs RedHedInk that RedHedInk has delivered an incomplete or inaccurate report, or no report at all, RedHedInk will cure such failure within five (5) business days of receipt of such notice.

V. CANCELLATION AND TERMINATION 

  1. Without Cause. Unless designated on the IO as non-cancelable, Advertiser may cancel the entire IO, or any portion thereof, as follows:
    1. With 30 days’ prior written notice to RedHedInk, without penalty, for any flat-fee-based or fixed-placement Ad, including, but not limited to, roadblocks, time-based buys, and some types of cancelable sponsorships.
    2. Advertiser will remain liable to RedHedInk for amounts due for any custom content or development (“Custom Material”) provided to Advertiser or completed by RedHedInk or its third-party vendor prior to the effective date of termination. For IOs that contemplate the provision or creation of Custom Material, RedHedInk will specify the amounts due for such Custom Material as a separate line. Advertiser will pay for such Custom Material within 30 days from receiving an invoice therefore.
  2. For Cause. Either RedHedInk or Advertiser may terminate an IO at any time if the other party is in material breach of its obligations hereunder, which breach is not cured within 10 days after receipt of written notice thereof from the non-breaching party, except as otherwise stated in these Terms with regard to specific breaches. Additionally, if Agency or Advertiser breaches its obligations by violating the same Policy three times (and such Policy was provided to Agency or Advertiser) and receives timely notice of each such breach, even if Agency or Advertiser cures such breaches, then RedHedInk may terminate the IO or placements associated with such breach upon written If Agency or Advertiser does not cure a violation of a Policy within the applicable 10-day cure period after written notice, where such Policy had been provided by RedHedInk to Advertiser, then RedHedInk may terminate the IO and/or placements associated with such breach upon written notice.
  3. Short Rates. Short rates will apply to canceled buys to the degree stated on the IO.

VI. MAKEGOODS

  1. Notification of Under-delivery. RedHedInk will monitor impressions of the Ads, and will notify Advertiser either electronically or in writing as soon as possible (and no later than 14 days before the applicable IO end date) if RedHedInk believes that an under-delivery is In the case of a probable or actual under-delivery, Advertiser and RedHedInk may arrange for a makegood consistent with these Terms.
  2. Makegood Procedure. If actual impressions for any campaign fall below guaranteed levels, as set forth on the IO, and/or if there is an omission of any Ad (placement or creative unit), Advertiser and RedHedInk will use commercially reasonable efforts to agree upon the conditions of a makegood flight, either on the IO or at the time of the If no makegood can be agreed upon, Advertiser may execute a credit equal to the value of the under-delivered portion of the IO for which it was charged. If Agency or Advertiser has made a cash prepayment to RedHedInk, specifically for the campaign IO for which under-delivery applies, then, if Agency and/or Advertiser is reasonably current on all amounts owed to RedHedInk under any other agreement for such Advertiser, Advertiser may elect to receive a refund for the under-delivery equal to the difference between the applicable pre-payment and the value of the delivered portion of the campaign. In no event will RedHedInk provide a makegood or extend any Ad beyond the period set forth on the IO without the prior written consent of Advertiser.

VII. BONUS IMPRESSIONS

  1. No Third Party Ad Server. Where Advertiser does not use a Third Party Ad Server, RedHedInk may bonus as many ad units as RedHedInk chooses unless otherwise indicated on the Advertiser will not be charged by RedHedInk for any additional impressions above any level guaranteed on the IO.

VIII. FORCE MAJEURE

  1. Generally. Excluding payment obligations, neither Advertiser nor RedHedInk will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If RedHedInk suffers such a delay or default, RedHedInk will make reasonable efforts within five (5) business days to recommend a substitute transmission for the Ad or time period for the If no such substitute time period or makegood is reasonably acceptable to Advertiser, RedHedInk will allow Advertiser a pro rata reduction in the space, time, and/or program charges hereunder in the amount of money assigned to the space, time, and/or program charges at time of purchase. In addition, Advertiser will have the benefit of the same discounts that would have been earned had there been no default or delay.
  2. Related to Payment. If Advertiser’s ability to transfer funds to third parties has been materially negatively impacted by an event beyond the Advertiser’s reasonable control, including, but not limited to, failure of banking clearing systems or a state of emergency, then Advertiser will make every reasonable effort to make payments on a timely basis to RedHedInk, but any delays caused by such condition will be excused for the duration of such Subject to the foregoing, such excuse for delay will not in any way relieve Advertiser from any of its obligations as to the amount of money that would have been due and paid without such condition.
  3. Cancellation. If a Force Majeure event has continued for five (5) business days, RedHedInk and/or Advertiser has the right to cancel the remainder of the IO without penalty.

IX. AD MATERIALS

  1. Submission. Advertiser will submit Advertising Materials pursuant to Section II(c) in accordance with RedHedInk’s then-existing Policies. RedHedInk’s sole remedies for a breach of this provision are set forth in Section V(3), above, Sections IX (3) and (4), below, and Sections X (2) and (3), below.
  2. Late Creative. If Advertising Materials are not received by the IO start date, RedHedInk will begin to charge the Advertiser on the IO start date on a pro rata basis based on the full IO, excluding portions consisting of performance-based, non-guaranteed inventory, for each full day the Advertising Materials are not received. If Advertising Materials are late based on the Policies, RedHedInk is not required to guarantee full delivery of the IO. RedHedInk and Advertiser will negotiate a resolution if RedHedInk has received all required Advertising Materials in accordance with Section IX(a) but fails to commence a campaign on the IO start.
  3. Compliance. RedHedInk reserves the right within its discretion to reject or remove from its Site any Ads for which the Advertising Materials, software code associated with the Advertising Materials (eg. pixels, tags, JavaScript), or the website to which the Ad is linked do not comply with its Policies, or that in RedHedInk’s sole reasonable judgment, do not comply with any applicable law, regulation, or other judicial or administrative order. In addition, RedHedInk reserves the right within its discretion to reject or remove from its Site any Ads for which the Advertising Materials or the website to which the Ad is linked are, or may tend to bring, disparagement, ridicule, or scorn upon RedHedInk or any of its Affiliates (as defined below), provided that if RedHedInk has reviewed and approved such Ads prior to their use on the Site, RedHedInk will not immediately remove such Ads before making commercially reasonable efforts to acquire mutually acceptable alternative Advertising Materials from Advertiser.
  4. Damaged Creative. If Advertising Materials provided by Advertiser are damaged, not to RedHedInk’s specifications, or otherwise unacceptable, RedHedInk will use commercially reasonable efforts to notify Advertiser within two (2) business days of its receipt of such Advertising Materials.
  5. No Modification. RedHedInk will not edit or modify the submitted Ads in any way, including, but not limited to, resizing the Ad. RedHedInk will use all Ads in strict compliance with these Terms and any written instructions provided on the IO.
  6. Ad Tags. When applicable, Third Party Ad Server tags will be implemented so that they are functional in all aspects.
  7. Trademark Usage. RedHedInk, on the one hand, and Agency and Advertiser, on the other, will not use the other’s trade name, trademarks, logos, or Ads in any public announcement (including, but not limited to, in any press release) regarding the existence or content of these Terms or an IO without the other’s prior written consent.

X. INDEMNIFICATION

  1. By RedHedInk. RedHedInk will defend, indemnify, and hold harmless Agency, Advertiser, and each of its Affiliates and Representatives from damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) resulting from any claim, judgment, or proceeding (collectively, “Claims”) brought by a Third Party and resulting from (i) RedHedInk’s alleged breach of Section XII or of RedHedInk’s representations and warranties in Section XIV(1), (ii) RedHedInk’s display or delivery of any Ad in breach of Section II(1) or Section IX(5), or (iii) Advertising Materials provided by RedHedInk for an Ad (and not by Agency, Advertiser, and/or each of its Affiliates and/or Representatives) (“RedHedInk Advertising Materials”) that: (A) violate any applicable law, regulation, judicial or administrative action, or the right of a Third Party; or (B) are defamatory or Notwithstanding the foregoing, RedHedInk will not be liable for any Losses resulting from Claims to the extent that such Claims result from (1) RedHedInk’s customization of Ads or Advertising Materials based upon detailed specifications, materials, or information provided by the Agency, Advertiser, and/or each of its Affiliates and/or Representatives, or (2) a user viewing an Ad outside of the targeting set forth on the IO, which viewing is not directly attributable to RedHedInk’s serving such Ad in breach of such targeting.
  2. By Advertiser. Advertiser will defend, indemnify, and hold harmless RedHedInk and each of its Affiliates and Representatives from Losses resulting from any Claims brought by a Third Party resulting from (i) Advertiser’s alleged breach of Section XII or of Advertiser’s representations and warranties in Section XIV(1), (ii) Advertiser’s violation of Policies (to the extent the terms of such Policies have been provided (eg., by making such Policies available by providing a URL) via email or other affirmative means, to Agency or Advertiser at least 14 days prior to the violation giving rise to the Claim), or (iii) the content or subject matter of any Ad or Advertising Materials to the extent used by RedHedInk in accordance with these Terms or an IO.
  3. By Agency. Agency represents and warrants that it has the authority as Advertiser’s agent to bind Advertiser to these Terms and each IO, and that all of Advertiser’s actions related to these Terms and each IO will be within the scope of such Agency will defend, indemnify, and hold harmless RedHedInk and each of its Affiliates and Representatives from Losses resulting from (i) Advertiser’s alleged breach of the foregoing sentence, or (ii) Claims brought by a Third Party alleging that Advertiser has breached its express, Advertiser-specific obligations under Section XII.
  4. Procedure. The indemnified party(s) will promptly notify the indemnifying party of all Claims of which it becomes aware (provided that a failure or delay in providing such notice will not relieve the indemnifying party’s obligations except to the extent such party is prejudiced by such failure or delay), and will: (i) provide reasonable cooperation to the indemnifying party at the indemnifying party’s expense in connection with the defense or settlement of all Claims; and (ii) be entitled to participate at its own expense in the defense of all Claims. The indemnified party(s) agrees that the indemnifying party will have sole and exclusive control over the defense and settlement of all Claims; provided, however, the indemnifying party will not acquiesce to any judgment or enter into any settlement, either of which imposes any obligation or liability on an indemnified party(s) without its prior written consent.

XI. LIMITATION OF LIABILITY

Excluding Agency’s, Advertiser’s, and RedHedInk’s respective obligations under Section X, damages that result from a breach of Section XII, or intentional misconduct by Agency, Advertiser, or RedHedInk, in no event will any party be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, loss of information, and the like, incurred by another party arising out of an IO, even if such party has been advised of the possibility of such damages.

XII. NON-DISCLOSURE, DATA USAGE AND OWNERSHIP, PRIVACY AND LAWS

  1. Definitions and Obligations. “Confidential Information” will include (i) all information marked as “Confidential,” “Proprietary,” or similar legend by the disclosing party (“Discloser”) when given to the receiving party (“Recipient”); and (ii) information and data provided by the Discloser, which under the circumstances surrounding the disclosure should be reasonably deemed confidential or Without limiting the foregoing, Discloser and Recipient agree that each Discloser’s contribution to IO Details (as defined below) shall be considered such Discloser’s Confidential Information. Recipient will protect Confidential Information in the same manner that it protects its own information of a similar nature, but in no event with less than reasonable care. Recipient shall not disclose Confidential Information to anyone except an employee, agent, Affiliate, or third party who has a need to know same, and who is bound by confidentiality and non-use obligations at least as protective of Confidential Information as are those in this section. Recipient will not use Discloser’s Confidential Information other than as provided for on the IO.
  2. Exceptions. Notwithstanding anything contained herein to the contrary, the term “Confidential Information” will not include information which: (i) was previously known to Recipient; (ii) was or becomes generally available to the public through no fault of Recipient; (iii) was rightfully in Recipient’s possession free of any obligation of confidentiality at, or prior to, the time it was communicated to Recipient by Discloser; (iv) was developed by employees or agents of Recipient independently of, and without reference to, Confidential Information; or (v) was communicated by Discloser to an unaffiliated third party free of any obligation of confidentiality. Notwithstanding the foregoing, the Recipient may disclose Confidential Information of the Discloser in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange, or as necessary to establish the rights of either party under these Terms; provided, however, that both Discloser and Recipient will stipulate to any orders necessary to protect such information from public disclosure.
  3. Additional Definitions. As used herein the following terms shall have the following definitions:
    1. “User Volunteered Data” is personally identifiable information collected from individual users by RedHedInk during delivery of an Ad pursuant to the IO, but only where it is expressly disclosed to such individual users that such collection is solely on behalf of Advertiser.
    2. “IO Details” are details set forth on the IO but only when expressly associated with the applicable Discloser, including, but not limited to, Ad pricing information, Ad description, Ad placement information, and Ad targeting information.
    3. “Performance Data” is data regarding a campaign gathered during delivery of an Ad pursuant to the IO (eg., number of impressions, interactions, and header information), but excluding Site Data or IO Details.
    4. “Site Data” is any data that is (A) preexisting RedHedInk data used by RedHedInk pursuant to the IO; (B) gathered pursuant to the IO during delivery of an Ad that identifies or allows identification of RedHedInk, RedHedInk’s Site, brand, content, context, or users as such; or (C) entered by users on any RedHedInk Site other than User Volunteered Data.
    5. “Collected Data” consists of IO Details, Performance Data, and Site Data.
    6. “Repurposing” means retargeting a user or appending data to a non-public profile regarding a user for purposes other than performance of the IO.
    7. “Aggregated” means a form in which data gathered under an IO is combined with data from numerous campaigns of numerous Advertisers and precludes identification, directly or indirectly, of an Advertiser.
  4. Use of Collected Data.
    1. Unless otherwise authorized by RedHedInk, Advertiser will not: (A) use Collected Data for Repurposing; provided, however, that Performance Data may be used for Repurposing so long as it is not joined with any IO Details or Site Data; (B) disclose IO Details of RedHedInk or Site Data to any Affiliate or Third Party except as set forth in Section XII(4)(iii).
    2. Unless otherwise authorized by Agency or Advertiser, RedHedInk will not: (A) use or disclose IO Details of Advertiser, Performance Data, or a user’s recorded view or click of an Ad, each of the foregoing on a non-Aggregated basis, for Repurposing or any purpose other than performing under the IO, compensating data providers in a way that precludes identification of the Advertiser, or internal reporting or internal analysis; or (B) use or disclose any User Volunteered Data in any manner other than in performing under the IO.
    3. Agency, Advertiser, and RedHedInk (each a “Transferring Party”) will require any Third Party or Affiliate used by the Transferring Party in performance of the IO on behalf of such Transferring Party to be bound by confidentiality and non-use obligations at least as restrictive as those on the Transferring Party, unless otherwise set forth in the IO.
  5. User Volunteered Data. All User Volunteered Data is the property of Advertiser, is subject to the Advertiser’s posted privacy policy, and is considered Confidential Information of Advertiser. Any other use of such information will be set forth on the IO and signed by both parties.
  6. Privacy Policies. Agency, Advertiser, and RedHedInk will post on their respective Web sites their privacy policies and adhere to their privacy policies, which will abide by applicable Failure by RedHedInk, on the one hand, or Agency or Advertiser, on the other, to continue to post a privacy policy, or non-adherence to such privacy policy, is grounds for immediate cancellation of the IO by the other party.
  7. Compliance with Law. Agency, Advertiser, and RedHedInk will at all times comply with all federal, state, and local laws, ordinances, regulations, and codes which are applicable to their performance of their respective obligations under the IO.
  8. Advertiser Use of Data. Advertiser will not: (i) use Collected Data unless Advertiser is permitted  to use such Collected Data, nor (ii) use Collected Data in ways that Advertiser is not allowed to use such Collected Data. Notwithstanding the foregoing or anything to the contrary herein, the restrictions on Advertiser in Section XII(4)(i) shall not prohibit Advertiser from (A) using Collected Data on an Aggregated basis for internal media planning purposes only (but not for Repurposing), or (B) disclosing qualitative evaluations of Aggregated Collected Data to its clients and potential clients, and Media Companies on behalf of such clients or potential clients, for the purpose of media

XIII. MISCELLANEOUS 

  1. Necessary Rights. RedHedInk represents and warrants that RedHedInk has all necessary permits, licenses, and clearances to sell the Deliverables specified on the IO subject to these Advertiser represents and warrants that Advertiser has all necessary licenses and clearances to use the content contained in the Ads and Advertising Materials as specified on the IO and subject to these Terms, including any applicable Policies.
  2. Assignment. Neither Agency nor Advertiser may resell, assign, or transfer any of its rights or obligations hereunder, and any attempt to resell, assign, or transfer such rights or obligations without RedHedInk’s prior written approval will be null and void. All terms and conditions in these Terms and each IO will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
  3. Entire Agreement. Each IO (including the Terms) will constitute the entire agreement of the parties with respect to the subject matter thereof and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of the The IO may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document.
  4. Conflicts; Governing Law; Amendment. In the event of any inconsistency between the terms of an IO and these Terms, the terms of the IO will All IOs will be governed by the laws of the State of Florida. RedHedInk and Advertiser (on behalf of itself and Advertiser) agree that any claims, legal proceedings, or litigation arising in connection with the IO (including these Terms) will be brought solely in Florida, and the parties consent to the jurisdiction of such courts. No modification of these Terms will be binding unless in writing and signed by both parties. If any provision herein is held to be unenforceable, the remaining provisions will  remain in full force and effect. All rights and remedies hereunder are cumulative.
  5. Notice. Any notice required to be delivered hereunder will be deemed delivered three days after deposit, postage paid, in U.S. mail, return receipt requested, one business day if sent by overnight courier service, and immediately if sent electronically or by All notices to RedHedInk and Advertiser will be sent to the contact as noted on the IO. All notices to Advertiser will be sent to the address specified on the IO.
  6. Survival. Sections III, VI, X, XI, XII, and XIII will survive termination or expiration of these Terms, and Section IV will survive for 30 days after the termination or expiration of these Terms. In addition, each party will promptly return or destroy the other party’s Confidential Information upon written request and remove Advertising Materials and Ad tags upon termination of these Terms.
  7. Headings. Section or paragraph headings used in these Terms are for reference purposes only, and should not be used in the interpretation hereof.

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