The Tease Terms & Conditions
Contract Notes
Please Note:
The Tease does not guarantee or warrant any amount of business, traffic or clicks will be generated as a result of this agreement or the parties’ business relationship. In no event, shall the Tease or any of its affiliated companies be liable for the failure to generate any amount of business, traffic, or clicks as a result of this agreement or the parties business’ relationship.
Terms and Conditions for The Tease
1. These terms and conditions for services (“Terms”) are the only terms that govern the provision of services by FSO Enterprises, LLC. d/b/a The Tease Media (“Tease”) and to Aboved Name Client (“Client”) (Collectively the “Parties”).
2. Services: Tease shall provide the services to Client as described in the proposal (the “Services”) in accordance with these Terms. Tease shall use reasonable efforts to meet any performance dates in the proposal. However, such dates shall be estimated only. The pricing for the Services is based on the currently defined scope of work. Any additions or changes requested by Client that expand or otherwise alter those Services will necessitate an increase in pricing. The pricing of the Services assumes no project delays or other factors that require Tease to stop work. Tease shall not be responsible for any project delays that are outside of its control. If Client requests the sorting and transfer of electronic or other files, Client shall provide the necessary hard drive(s) to accomplish the transfer of files. Tease will transfer all requested final files to hard drive and ship directly to client within forty-five (45) days. Hard drive must be sent to The Tease at 625 Williamson Street, Madison, WI 53703. A flat fee of $500 + Shipping costs will be assessed to the Client immediately via invoice for file transfer services.
For any advertising services, please review The Tease Advertising Terms & Conditions.
3. Obligations: Client shall cooperate with Tease in all matters relating to the Services and respond promptly to any request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Tease to perform the Services. If Client fails to timely respond to Tease’s questions and inquiries, Tease retains the right to suspend or terminate the Services.
4. Payment: In consideration of the provision of the Services by Tease, Client shall pay the fees set forth in the Proposal. Tease will use reasonable efforts to provide the Services; however, it does not represent, warrant or guarantee any results or any particular sales level. Payment to Tease is due upon receipt of invoice and is not conditioned or dependent upon any results or any particular sales level achieved as a result of the Services. Client agrees to reimburse Tease for any out of pocket costs or expenses in connection with the performance of the Services. Client shall pay all amounts to Tease within 5 business days of the date of Tease’s invoice. Client shall make all payments in U.S. dollars by check or wire only. Tease has the right to suspend or cease Services for failure of Client to make payment in accordance with this paragraph. Tease shall charge interest on any unpaid amounts at a rate not to exceed 12% on an annual basis and suspend performance of all Services until payment has been made in full. Tease shall also be entitled to any reasonable attorney’s fees and costs in pursuing any unpaid amounts owed under this Agreement.
All payments made by Client under this agreement shall be final and non-refundable. Tease hereby agrees that, for any request made by the Client for termination pursuant to section 9, or for any request made by the Client to modify deliverables or advertising spend pursuant to the above Services, the Tease will provide a breakdown of remaining, unallocated Payment and will collaborate with Client to determine how the money shall be spent by The Tease in support of the Client.
Paid Advertising Dollars may not be used to cover Tease Fees, and vice versa.
5. Non-Solicitation: While Tease is providing Services for Client, Client shall not directly or indirectly encourage any Tease employee to terminate his or her employment with Tease or solicit such an individual for employment outside Tease in a manner that would end or diminish the Services provided to Client under this agreement.
6. Intellectual Property and Confidential Information: Tease’s business processes and intellectual property will remain the property of Tease. Tease is not required to convey or share with Client any of its business processes and internal strategy used to provide the Services. Any platform management tools, such as, but not limited to, Meta Ad Manager, YouTube Creator Studio, TikTok Business, and any other related services shall be the sole and exclusive property of Tease and shall not be shared with Client unless agreed to by Tease. Client hereby represents and warrants that Client owns, controls or has obtained all intellectual property rights (including all copyrights and music licensing rights and payments therefore) in and to all Advertisements placed under this Contract and hereby grants The Tease, without charge, the rights necessary to use all such Advertisement on any Tease asset set forth in this Contract. Client further confirms that Tease’s use of the Advertisement will not and does not infringe upon the rights of any Person. Client hereby grants to The Tease a worldwide, non-exclusive, royalty free right to distribute, reproduce, copy, reformat, digitize, cut, adapt, compress, transcode, display, perform and technologically manipulate an Advertisement in all cases as reasonably necessary to distribute the Advertisement, or to comply with any applicable federal, state or local law, regulation or court order. All Tease proposals are confidential and copyrighted. Neither party is authorized to share details of this Contract, including without limitation specific advertising rates, proposals, insertion orders, and targeting information, or any other non-public information relating to the other party obtained by virtue of this Contract, without express written consent of the other party. Client acknowledges and agrees that as between the parties, the personal data and any other data originating from the Properties belongs to The Tease and is The Tease’s confidential information and shall not be shared by Client with any third party. Client hereby consents to (i) The Tease sharing information about this Contract with any other Property owners, (ii) The Tease’s vendors who need to know the information for performance of the Contract, and (iii) The Tease’s production to any and all third parties pursuant to a subpoena or as otherwise required by applicable law.
7. Limitation of Liability: IN NO EVENT SHALL TEASE BE LIABLE TO THE CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL TEASE’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID OR PAYABLE TO TEASE UNDER THIS AGREEMENT.
8. Indemnity: Each party (“Indemnitor”) shall each indemnify, defend, and hold the other party (“Indemnitee”) harmless from all third-party claims, damages, demands, liabilities, costs and expenses (including reasonable attorneys’ fees and costs), arising by reason of any claim against the Indemnitee, which claim is caused by the indemnitor’s negligence, willful misconduct, or breach of this Agreement.
9. Termination: Either Party may terminate this contract at any time for any reason and without penalty by giving at least ninety (90) days’ notice in writing to the other Party.10. Governing Law: All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the State of Wisconsin. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in Dane County Circuit Court of Wisconsin, and each party irrevocably submits to the exclusive jurisdiction of this court in any such suit, action or proceeding.
