AAR Partners

MEDIARADAR AGENCY GROWTH PROGRAM TERMS OF SERVICE

These Terms of Service (“Terms“) govern Customer’s purchase of, access to and use of the MediaRadar Agency Growth Program and related services (the “Service“), and are incorporated by reference into the applicable order form (“Order Form“) between MediaRadar, Inc. (“MediaRadar“) and Customer. By signing an Order Form or accessing the Service, Customer agrees to these Terms.

1. THE SERVICE

  • 1.1. The Service may include: (a) listing of Customer’s agency profile, including business information, capabilities, and other details provided by Customer (“Agency Profile“), in a searchable directory accessible to brands and other users of MediaRadar’s platform; and (b) such other services as MediaRadar provides from time to time as part of its Agency Growth Program. The specific components of the Service may be described in the Order Form, through the Agency Growth Program website, or in other materials that MediaRadar may make available from time to time.
  • 1.2. MediaRadar may modify, add, or discontinue features of the Service at any time. MediaRadar will use commercially reasonable efforts to notify Customer of material changes, which may be through the MediaRadar or Agency Growth Program website.

2. CUSTOMER OBLIGATIONS

  • 2.1. Customer is responsible for providing accurate, current, and complete information for its Agency Profile and for updating such information to MediaRadar as needed.
  • 2.2. Customer grants MediaRadar a non-exclusive, royalty-free license to use, display and distribute the Agency Profile and any related materials (including Customer’s name, logo, and trademarks) in connection with the Service. Customer represents and warrants that it has all rights necessary to grant this license and that the Agency Profile does not infringe the rights of any third party or violate applicable law.
  • 2.3. Customer will not: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to any part of the Service; (c) reverse engineer, scrape, or copy any component of the Service; or (d) use the Service to develop a product or service competitive with MediaRadar.

3. INTELLECTUAL PROPERTY

  • 3.1. As between the parties, MediaRadar owns all right, title, and interest in the Service, including all software, data, content (other than Customer-provided materials), and intellectual property rights therein. Nothing in these Terms transfers any ownership rights to Customer.
  • 3.2. Customer retains ownership of all materials it provides for its Agency Profile. Any feedback Customer provides regarding the Service becomes MediaRadar’s property.

4. FEES AND PAYMENT.

Fees are as set forth in the applicable Order Form. Unless otherwise specified, fees are due within thirty (30) days of invoice, are non-cancelable, and non-refundable. Late payments bear interest at the lesser of 1.5% per month or the maximum rate permitted by law.

5. TERM AND TERMINATION

  • 5.1. The term of the Service is set forth in the applicable Order Form. Unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term, the Service will automatically renew for successive one-year periods at MediaRadar’s then-current pricing.
  • 5.2. Either party may terminate for material breach if the breach remains uncured thirty (30) days after written notice. MediaRadar may terminate or suspend the Service immediately if Customer’s payment is more than thirty (30) days overdue.
  • 5.3. Upon termination or expiration, MediaRadar may remove Customer’s Agency Profile from the directory and Customer’s access to the Service will cease.

6. DISCLAIMER OF WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” MEDIARADAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEDIARADAR DOES NOT WARRANT THAT THE SERVICE WILL GENERATE ANY PARTICULAR RESULTS, LEADS, OR BUSINESS OPPORTUNITIES FOR CUSTOMER.

7. LIMITATION OF LIABILITY.

MEDIARADAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. MEDIARADAR’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).

8. CONFIDENTIALITY.

Each party will hold the other’s confidential information in confidence using at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and will not disclose it except as necessary to perform under these Terms or as required by law.

9. INDEMNIFICATION.

Customer will indemnify and hold MediaRadar harmless from any third-party claim arising from: (a) Customer’s Agency Profile or other materials provided by Customer; (b) Customer’s breach of these Terms; or (c) Customer’s violation of applicable law.

10. GENERAL.

These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. Each party submits to the exclusive jurisdiction of the federal and state courts in New York County. Customer may not assign these Terms without MediaRadar’s prior written consent. MediaRadar may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. MediaRadar may update these Terms by posting a revised version to the portal. Continued use of the Service after the effective date of any update constitutes acceptance. These Terms, together with the applicable Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject. If any provision is found unenforceable, the remaining provisions remain in effect. MediaRadar may identify Customer as a Customer in marketing materials.

Last Updated: March 13, 2026