TERMS & CONDITIONS

Effective Date: August 21, 2025

Please read these Terms and Conditions carefully before using our Service.

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1. Interpretation and Definitions

Interpretation

Words with capitalized initial letters have meanings defined below. These definitions apply whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting shares or equity interests.

• Country refers to: United States

• Company (referred to as “Bonfire Media,” “we,” “us,” or “our”) refers to Bonfire Media Co. LLC, 511 Semple Drive, North Huntingdon, PA 15642.

• Device means any device that can access the Service, such as a computer, smartphone, or tablet.

• Service refers to the Website.

• Terms and Conditions (also referred to as “Terms”) mean this agreement between you and the Company regarding use of the Service.

• Third-party Social Media Service means any content or services provided by third parties and accessible through the Service.

• Website refers to Bonfire Media, accessible at www.trybonfiremedia.com.

• You means the individual or legal entity accessing or using the Service.

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2. Acknowledgment

These Terms govern your use of the Service and form a binding agreement between you and Bonfire Media Co. LLC.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part, you may not access the Service.

You represent that you are over the age of 18. The Service is not intended for users under 18 years of age.

Your use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

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3. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You agree that we shall not be liable for any damage or loss caused by or in connection with such content or services.

We strongly recommend reviewing the terms and privacy policies of any third-party websites you visit.

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4. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without notice or liability, for any reason, including a breach of these Terms.

Upon termination, your right to use the Service will cease immediately.

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5.1. Offer Terms — CTV Ad Creation for Free Offer

• Eligibility: Client must sign up for a minimum three (3) month management term at $2,997/month.

• Creative Deliverable: Agency will produce one (1) CTV-ready ad with tall cutdowns for social use. Client receives lifetime usage rights only upon full completion and payment of the three-month term.

• Management Rates: After successful completion of the initial three-month term, ongoing management is reduced to $2,297/month if Client maintained minimum ad spend of $2,000/month.

• Payment Schedule: First management fee due upon signing; second upon campaign launch (or 30 days from immediate launch if Client has existing creative ready to run); third due 30 days thereafter.

• Guarantee: Agency guarantees a 97% minimum VTR in the first 30 days. If not met, Client will receive an additional free month of management plus a $2,000 credit toward any service.

• Ownership: If Client cancels or fails to pay during the three-month commitment, all usage rights to the produced creative are revoked. Unauthorized use after revocation constitutes infringement and may result in injunctive relief and liquidated damages.

5.2. Offer Terms — CTV Ad Management for Free Offer

• Eligibility: Client must provide CTV-ready creative assets within seven (7) days of signing to qualify for one month of free management. If creative is not provided, Agency will offer creative production services paid, in which case the free period of ad management extends to two (2) months.

• Management Rates: After the free period, management fees apply at $2,297/month or $1,997/month with three (3) months prepaid ($5,991 total).

• Minimum Ad Spend: Client must maintain a minimum ad spend of $2,000/month per platform ($1,500 for local businesses).

• Guarantee: Agency guarantees a 97% minimum view-through rate (VTR) in the first 30 days. If not met, Client will receive an additional free month of management plus a $2,000 credit toward any service.

• Ownership: Creative produced by Agency becomes Client’s property upon full payment. If payment obligations are not met, all usage rights are revoked. Unauthorized use constitutes copyright infringement and may result in injunctive relief and liquidated damages.

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6. No Performance Guarantees

You acknowledge and agree that all marketing services provided by Bonfire Media Co. LLC are inherently subject to variables outside of our control, including but not limited to market demand, industry trends, consumer behavior, algorithmic changes on advertising platforms, and the competitive landscape.

As such, we do not guarantee specific results, performance benchmarks, or return on investment. While we are committed to delivering high-quality strategy, creative, and media services, outcomes may vary from client to client. Any projections or statements about potential results are illustrative in nature and do not constitute a promise or guarantee of performance.

Your business success depends on a number of factors beyond our scope, and you agree to hold Bonfire Media Co. LLC harmless for performance fluctuations or unmet expectations due to external conditions.

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7. Limitation of Liability

To the maximum extent permitted by law, Bonfire Media and its suppliers shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or business) arising out of or related to your use or inability to use the Service.

If liability is found, it will be limited to the amount paid by you for the Service, or $100 if no purchase has been made.

Some jurisdictions do not allow certain limitations, so these may not apply to you.

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8. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “as is” and “as available” without warranty of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

We make no warranties regarding:

• Availability or reliability of the Service

• Accuracy or completeness of content

• Freedom from viruses or harmful components

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9. Governing Law

These Terms are governed by the laws of the United States, and specifically the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

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10. Dispute Resolution

Before initiating legal proceedings, you agree to contact us first to attempt to resolve any dispute informally.

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11. Severability and Waiver

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. Failure to enforce any right or provision shall not be considered a waiver of those rights.

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12. United States Legal Compliance

You represent and warrant that:

• You are not located in a country subject to U.S. government embargoes, and

• You are not listed on any U.S. government list of prohibited or restricted parties.

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13. Changes to These Terms

We may update these Terms at any time at our sole discretion. If a change is material, we will provide notice via email or through the Service. Continued use of the Service constitutes acceptance of the revised Terms.

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14. Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

📧 Email: [email protected]

📍 Mailing Address: Bonfire Media Co. LLC, 511 Semple Drive, North Huntingdon, PA 15642