Terms and Conditions

Attendees of Podcast Therapy Sessions and the Podcast Therapy Speed Pitching Add-On offered by Tink Media acknowledge and accept these terms and conditions.

Owner of Tink Media and Related Services

Tink Media LLC

Contact email: hello@tinkmedia.co

  1. Payment: Podcast Therapy and the Podcast Speed Pitching Add-On are paid services. Payment is due within fifteen (15) days of the completion of your Podcast Therapy Session, unless otherwise agreed upon in writing prior to the session taking place. Past due invoices will be charged a late payment fee of 1.5% per week.

  2. Representation and Disclaimer: Tink Media will perform the Services in a competent and professional manner. However, Tink Media makes no additional representations, warranties, or guarantees, either express or implied, of any kind with respect to any specific results, outcomes or otherwise with regard to the Services being rendered. The Client understands and agrees that payment for the Services is based upon efforts and is not contingent upon results or specific responses from the media, as these cannot be assured. Any failure to achieve results or specific responses from the media will not give rise to any liability on the behalf of Tink media, whether in contract, tort or otherwise.

  3. Confidentiality: Both parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted in writing by either Party, the receiving Party shall not use, commercialize, or disclose any information designated as confidential by the other Party to any outside person or entity. The following information shall not be subject to such confidentiality: (a) information that is or will be generally known to the public (provided that such information does not result from the receiving Party’s unauthorized disclosure to the public) or (b) disclosure of such information is required by applicable laws or security exchange rules. A violation of this paragraph shall be a material violation of this Agreement.

  4. Client Delays​: All parties shall use all reasonable efforts to provide needed information, materials, and approvals within a reasonable amount of time. Any delays by the Client without sufficient prior approval or notice may result in the loss of potential opportunities and shall not result in an extension of the contractual period, unless otherwise agreed upon in writing by both parties, and the inability to complete the Services due to such delays will not be considered a breach on the behalf of Tink Media. Additionally, any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach. Conditions beyond the reasonable control of the parties include, but are not limited to: natural disasters, acts of government after the date of Agreement, power failure, fire, flood, earthquake or explosion, riots, acts of war, terrorism, epidemics, labor disputes including stoppages or slowdowns or other industrial disturbances.

  5. Indemnification: Each Party must indemnify, defend, and hold harmless the other Party, its affiliates and subsidiaries, and each of Party’s and its affiliates’ and subsidiaries’ officers, directors, shareholders, members, managers, employees, independent contractors, agents, and representatives, from and against any and all liabilities, damages, losses, fines, penalties, claims, costs, or expenses (including costs of investigation and reasonable legal and accounting fees) resulting from any claim or suit brought by any third Party arising out of or relating to (i) other Party’s material breach of any term, representation, warranty, or obligation contained in this Agreement and/or any SOW; (ii) any acts or omissions of the other Party, or its permitted assignees, owners, affiliates, subsidiaries, and each of Party’s or Service’s provider’s permitted assignees’, owner’s, affiliates’, subsidiaries’ officers, directors, managers, employees, independent contractors, agents, representatives or subcontractors in the performance of any obligation under this Agreement or the performance or provision of Services; and/or (iii) Party’s acts of fraud or negligence. Notwithstanding the foregoing, no Party may enter into any settlement requiring the other Party to admit liability or to pay money, without the other Party’s prior written consent, which will not be unreasonably withheld or delayed. Either Party may join in the defense with its own counsel and at its own expense.

  6. Governing Law​: This Agreement, regardless of the place of its execution, will be interpreted in accordance with the laws of the State of New York applicable to Agreements made and wholly to be performed therein.  Any claim, controversy or other dispute arising out of or in connection with this Agreement will be submitted to arbitration in New York City before a single arbitrator pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules) or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, where applicable.

  7. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  8. Waiver of Contractual Right: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

  9. Miscellaneous​: This Agreement constitutes the entire understanding between the parties with respect to the transactions contemplated herein and supersedes all other Agreements and understandings between the parties. This Agreement shall not be deemed to create a partnership or joint venture between the parties and neither Party may act as an agent for the other. The provisions that by their content are intended to remain in full force and effect following the termination of this Agreement shall survive the expiration or earlier termination of this Agreement.