Terms of Use


TERMS AND CONDITIONS


Any person or entity (the “Creator”) who accesses the advertising, marketing, promotional materials or

other commercial assets (individually and collectively, the “Materials”) that are accessible through this

portal (the “Portal”) agrees to the following terms and conditions (the “Terms”):


1. Use of FOX Materials. Fox Broadcasting Company, LLC or a related entity (“FOX”) hereby

grants Creator a non-exclusive, non-transferrable limited license to use the Materials in accordance with

the “Specifications” (as defined herein) to promote FOX television programs (each, a “Program”) in

posts (each, a “Social Media Post”) on Creator’s social media channels (each, a “Social Media

Channel”). The Materials must be used only in accordance with the following “Specifications”: (i) the

Materials may not be edited or modified and Creator will not take or use still “screen grab” images from

moving segments of the Material, if any, without FOX’s prior written consent; (ii) the Social Media

Post(s) must include a sponsorship hashtag (e.g., #FOXAmbassador) designated by FOX or its agent

Digital Media Management, Inc. (“DMM”) and otherwise make it clear that there is a material

connection between FOX and Creator in accordance with the Federal Trade Commission’s (FTC)

Guidelines Concerning the Use of Endorsements and Testimonials; (iii) the Social Media Post(s) must

feature tune-in information provided by FOX or DMM, that includes the name, air date, and time of the

Program that the corresponds to the Materials being used; (iv) the Social Media Post(s) must be suitable

for all ages and not include any material that FOX, in its sole discretion, considers to be abusive,

threatening, vulgar, profane, obscene, or otherwise objectionable or offensive; and (v) the Social Media

Post(s) must not disparage FOX or any Program; and (vi) Creator will not use the Material in any

promotional tie-ins and conjunction with any third party commercial or corporate advertising (including,

without limitation, corporate logos, brand names, and slogans), recognizable branded products,

commercial artwork or political or religious statements.


2. Term. The term of this license shall commence upon Creator’s registration with the Portal, and

shall continue as long as Creator continues to access Portal, subject to FOX’s right of termination under

Section 6 of these Terms, and provided that no individual piece of Material may be posted on the Social

Media Channel(s) for more than one (1) year.


3. FOX’s Promotional Rights. Creator hereby irrevocably grants FOX and DMM the following

Promotional Rights”: (i) the royalty-free right and license, but not the obligation, to re-gram, re-tweet,

follow, like, share, reproduce, distribute, comment on, reply to comments on, otherwise interact with and

use each Social Media Post in the United States (the “Territory”), including without limitation in paid

digital advertising that promotes or boosts the Social Media Post; and (ii) the royalty-free right and

license, but not the obligation, to distribute, publicly display, publicly perform, share, link to and

otherwise use the Social Media Posts (including Creator’s name, voice, likeness, appearance,

performance, biography or other rights of publicity embodied therein) to advertise, market, publicize and

promote the Programs in the Territory, in any and all digital media now known or hereafter devised,

without paying any additional compensation, costs or expenses. The relationship between Creator and

FOX is not a confidential, fiduciary, or other special relationship. Creator hereby releases FOX and any

other person acting under FOX’s permission or authority from any claim of any kind or nature arising

from the exercise of the Promotional Rights including, without limitation, those based upon copyright,

any rights of privacy, publicity, defamation, or any other personal or property right, and on behalf of

Creator and Creator’s heirs, Creator agrees that Creator shall not now or in the future assert or maintain

any such claim against FOX. In no event shall Creator have any right to seek or obtain injunctive or other

equitable relief with respect to FOX’s exploitation of the Promotional Rights granted herein or to in any

way enjoin the production, distribution, exhibition or other exploitation of any Program.


4. Representations and Warranties. Creator represents and warrants that: (i) Creator is eighteen

(18) years of age or older and otherwise has the power and authority to agree to these Terms; (ii) Creator

will comply with the Specifications; (iii) the “Creator Materials” (as defined herein) shall comply with all

applicable laws, rules and regulations and shall not violate or infringe upon the rights of any third party;

and (iv) the exercise of the Promotional Rights shall not violate or infringe upon the rights of any person

or entity. As used herein, the term “Creator Materials” shall mean anything that appears in or is

otherwise a part of a Social Media Post other than the Materials that appear in such Social Media Post in

accordance with the Specifications.


5. Indemnification. Creator agrees to defend, indemnify and hold FOX and its parent, subsidiary

and affiliated companies and the directors, officers, employees, and agents and agencies (including

DMM) of each, harmless from and against any and all third party claims, damages, liabilities, costs and

expenses, including but not limited to reasonable attorney’s fees and expenses (collectively, “Costs”)

arising from or relating to Creator’s failure to comply with the Specifications or any other breach or

allegation that, if true, would constitute a breach of Creator’s representations, warranties, covenants or

obligations hereunder. If Creator fails to cover such Costs, then notwithstanding anything to the contrary

in any other agreement Creator has entered into with FOX or DMM, FOX reserves the right to do so and

offset the amount of such Costs against any and all payments, reimbursements, credits or other amounts

otherwise due or payable to Creator at any time.


6. Termination. Any license granted pursuant to these Terms may be terminated by FOX at any

time at its sole discretion. Immediately upon any such termination, Creator shall cease all use of the

Material, take all Material off all applicable Social Media Channel, take down all hyperlinks to the

Material, delete all saved Material from Creator’s archive/computer.


7. Miscellaneous. FOX’s online Terms of Use and Privacy Policy are herein incorporated herein by

this reference. FOX’s Terms of Use are located at https://www.fox.com/article/fox-networks-sites-and-services-terms-of-use-agreement-597bc239ef528f0026dc0316/ and FOX’s Privacy Policy is located at

https://www.fox.com/article/privacy-policy-60dcb84b3de21a001de6c804/. The illegality, invalidity or

unenforceability of any provision of these Terms shall in no way affect the validity or enforceability of

the remainder of these Terms, which shall be enforced to the maximum extent permitted by law.


Creator has read and understands these Terms and is electronically agreeing to the Terms voluntarily,

without any duress or undue influence.