Last Updated: 11/21/2025
These Terms & Conditions (“Terms”) govern all purchases and use of podcast advertising services provided by Pod-Frog, LLC (“Pod-Frog,” “we,” “our,” or “us”). By purchasing, booking, or otherwise engaging with any mid-roll host-read endorsement advertisement (“Ad” or “Ads”) facilitated through Pod-Frog, the client (“Client” or “Brand”) agrees to be bound by these Terms.
1.1 Broker / Marketplace Role
Pod-Frog acts solely as an independent broker and marketplace connecting Brands with podcast hosts, publishers, and creators (“Talent”). Pod-Frog does not create, own, or control any podcast content.
1.2 No Talent Representation
Pod-Frog does not personally represent any Talent and is not a talent agency, management firm, or legal representative of any podcast host or network.
1.3 No Editorial Control
Pod-Frog has no authority over the editorial content, opinions, statements, or creative choices of any Talent or podcast program.
2.1 Talent Ownership
All podcasts, episodes, and host-read advertisements remain the sole property of the respective podcast creator, network, or Talent. Pod-Frog does not claim any ownership rights to any podcast content.
2.2 License to Perform Host-Read Ads
Any Ad purchased by the Brand grants the Talent a limited license to read, perform, or endorse the Brand’s messaging as interpreted by the Talent, unless otherwise contractually agreed.
3.1 Host Discretion
The Brand acknowledges that host-read endorsements inherently involve the Talent’s creative voice, tone, personality, and interpretation. Pod-Frog is not responsible for the manner in which the host delivers the Ad.
3.2 Reasonable Deviation
Minor deviations from the Brand’s script or talking points are expected and do not constitute grounds for dispute, refund, or liability.
3.3 Content Risk Acknowledgment
The Brand understands and agrees that podcast hosts may discuss controversial, sensitive, comedic, opinionated, or unpredictable content within their show. These contextual elements may appear before, after, or around the Ad placement.
4.1 Assumption of Risk
By purchasing an Ad, the Brand acknowledges that all podcast-related content involves risk, including potential reputational risk arising from the host’s commentary, show themes, or audience interpretation.
4.2 Hold Harmless Clause
The Brand agrees that Pod-Frog and the Talent shall not be held liable—legally, financially, or reputationally—for any content, statements, opinions, jokes, commentary, or actions expressed by the Talent in or outside the advertisement.
4.3 No Suit Against Pod-Frog or Talent
The Brand expressly agrees that it will not pursue legal action against:
5.1 Accuracy of Claims
The Brand is solely responsible for the accuracy, legality, and regulatory compliance of all claims or messaging provided for the Ad.
5.2 Indemnification
The Brand agrees to indemnify and hold harmless Pod-Frog and the Talent against any claims arising from:
6.1 Placement Not Guaranteed
Unless explicitly stated in a written agreement, Pod-Frog cannot guarantee specific episode dates, audience reach, download numbers, or performance metrics.
6.2 Make-Goods
If an Ad is not delivered due to Talent or production issues, Pod-Frog may offer a “make-good” placement at its discretion.
7.1 Payment Terms
Payment terms must be adhered to as outlined in the invoice or booking agreement.
7.2 No Refunds
All Ad purchases are non-refundable, including cases involving:
To the fullest extent permitted by law, Pod-Frog’s total liability for any claim related to the services provided shall not exceed the total fees paid by the Brand for the specific Ad placement in dispute.
These Terms are governed by the laws of the jurisdiction in which Pod-Frog is registered, without regard to conflict-of-law principles.
By purchasing or participating in any Ad campaign through Pod-Frog, the Brand confirms that it has read, understood, and agrees to these Terms & Conditions.
