FOR BRANDS + AGENCIES

As a company participating in PitchBox Media (PBM) you understand this is a public relations service designed to help journalists discover story ideas, new brands, product and services. As such you agree to the following terms and conditions, which may be updated and modified at any time without notice:

Ship Dates and Deadlines

PitchBox Media shipments dates vary. A schedule of quarterly shipments is provided and themes are shipped when all materials are assembled and ready for journalistic review. Unless a hard date is provided is the case with select themes, shipment dates are at the sole and expressed discretion of PitchBox Media and may be altered and adjusted at any time.

Though the date of the themed shipments may vary, Company is provided with a date in which product must be received to the PBM warehouse. Failure to comply with these dates may result in omission of Company in the requested theme.

Reviews and Coverage

Company agrees that by signing up for PitchBox Media that editorial coverage is not guaranteed. PitchBox Media is a service to help journalists discover new brands and story ideas however subscribers (journalists) will perform independent review and evaluation to determine if there is a journalistic fit for their audience.

Reporting

PitchBox Media will provide updates to Company if/when subscribers include brands within their editorial coverage. A recap will be provided on or about 90-days after the themed shipment is sent to subscribers.

Termination

PitchBox Media may terminate the agreement at any time should it deem the brand and/or product not suitable for PBM service. If PBM cancels a brand’s participation due to inadequate press materials, it will refund less 10% in processing and administration fees.

PitchBox Media may cancel box themes at any time if it feels it does not deliver a new, innovative or fresh set of brand stories, products and services to subscribers. Should PBM cancel a box theme, an effort will be made to move subscribed brands to a future theme.

Should Company request to cancel participation, no refunds will be issued. PBM will make an attempt to allow brand to move to a future theme.

Release of Liability

Company shall fully defend, indemnity, and hold harmless PitchBox Media, MM&K, Fast Forward Ventures, its officers and agents, from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and /or injury of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, commissions, negligence, or willful misconduct on the part of PitchBox Media and its parent company MM&K, its officers, owners, personnel, employees, agents, contractors, invitees. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorneys’ fees, expenses, and costs incurred by it.

Company understands that PitchBox Media is a marketing and public relations service and any recalls, defects, errors by brands, products and services, including any and all guarantees, product promises and value, included in the service are the sole and exclusive direction of Company.

Company agrees to list PitchBox Media, MM&K, its officers, agents and employees as additionally insured on its Certificate of Insurance.

This agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions.

Product Recalls and Defects

Company agrees that in the event of a product recall or manufacturer defect it will contact PitchBox Media within 24 hours to provide an update to be sent to subscribers who received item in a previous PBM theme and will include a contact name, email and phone number for press inquiries.

Solicitation of Subscribers

Company understands that part of the value of PitchBox Media for its subscribers is the ability to reduce the amount of PR solicitations received. As such, PBM will not provide lists of subscribers or at any time give contact information unless the subscriber has expressly reached out through PBM’s Media Match function and/or asked PBM to facilitate an introduction.

PBM will, however, provide a list of all media outlets and job titles of subscribers who have requested the theme so Company may preview the outlets represented.

Products and Number of Units

Company agrees that it will ship 102 units of product to be inserted into the physical PBM themes which will be delivered to the warehouse by deadlines provided in the shipping terms and conditions.

Materials must be packaged properly, bundled, stacked and secured to protect from damage during shipping. PBM will not be held responsible for damage or loss occured during shipping. Our warehouse will notify Company upon reciept of visibly damaged shipments.