MIDLAND AF

Promotional Services Terms & Conditions

Version 2026.04   •   Effective Date: April 29, 2026

These Terms & Conditions ("Terms") govern all promotional services provided by Midland AF ("we," "our," or "the Provider") to the business, organization, or individual purchasing services ("you," "your," or "the Promoter"). By purchasing, paying for, or participating in any Midland AF promotional service, you confirm that you have read, understood, and agreed to these Terms.

1. Scope of Services

  • Services are promotional in nature and leverage Midland AF's brand equity through social media, website, email, events, video, and other promotional channels.

  • Specific deliverables for each engagement are defined in the selected package, proposal, or invoice.

  • Midland AF makes no guarantees regarding sales, attendance, leads, conversions, audience growth, or other business outcomes.

2. Custom Package Engagements

Engagements involving multiple deliverables, multi-month retainers, or sponsorship of Midland AF events are typically governed by a separate written contract or signed proposal ("Engagement Contract"). Where an Engagement Contract exists, its specific terms — including scope, payment schedule, revision rounds, deliverable timelines, and cancellation terms — control over these Terms to the extent of any conflict. These Terms apply to all matters not addressed in the Engagement Contract.

3. Payment Terms

  • Payment in full is due before services are rendered, unless an Engagement Contract specifies a different payment schedule.

  • Work is not scheduled or initiated until payment is received.

  • All payments are final and non-refundable once services have been initiated.

  • All prices are in U.S. dollars. Late payments on invoiced milestones may incur a 1.5% per month service charge.

4. Scheduling & Timing

  • Promotional timing is subject to the Midland AF editorial calendar, platform algorithms, event schedules, and other operational considerations.

  • Exact post times, send times, or publication times are not guaranteed.

  • Missed deadlines by the Promoter — including failure to provide assets, copy, or approvals — may result in rescheduling, scope reduction, or forfeiture of the deliverable, at Midland AF's reasonable discretion.

5. Content & Creative Control

  • Midland AF retains creative discretion over the form, voice, and presentation of all content produced.

  • For Standard packages (single-deliverable engagements), the Promoter may request one round of revisions per deliverable. Additional rounds, if accommodated, are billed at $75 per hour for design or $150 per hour for strategy.

  • For Custom Package Engagements, the revision allowance is set in the Engagement Contract (typically two rounds per deliverable).

  • Midland AF may decline to produce or publish any content that conflicts with brand standards, community guidelines, or applicable platform policies. In such cases, Midland AF will work in good faith with the Promoter to identify a reasonable alternative.

6. Intellectual Property

  • Midland AF retains ownership of all content created in the course of the engagement, including: photographs and videos captured by Midland AF; written content authored by Midland AF; graphic designs, illustrations, and creative assets produced by Midland AF; and editorial concepts, frameworks, and templates.

  • The Promoter is granted a limited, non-exclusive, royalty-free license to use the final deliverables for the purpose for which they were produced (e.g., to share the social post on the Promoter's own channels), subject to giving appropriate credit to Midland AF where applicable.

  • The Promoter may not reuse, repurpose, syndicate, or commercially exploit Midland AF content beyond the original scope without written consent and any applicable additional fee. Unauthorized use will be considered copyright infringement and may result in legal action.

  • Midland AF may reuse content produced under any engagement for: its own website, social media, marketing materials, portfolio, case studies, and promotional purposes.

7. Promoter Responsibilities

  • The Promoter is responsible for providing accurate information, brand assets (logos, photographs, copy), and approvals by the deadlines agreed at engagement kickoff.

  • The Promoter is responsible for ensuring all materials provided to Midland AF are accurate, lawful, non-defamatory, and free of third-party rights or claims.

  • Midland AF is not responsible for delays, cancelled deliverables, or reduced scope resulting from the Promoter's failure to provide essential information, brand assets, or timely approvals.

8. Platform & Performance Disclaimer

  • Midland AF is not responsible for changes to third-party platform algorithms, platform outages, account restrictions, suspensions, or removed content.

  • Performance metrics — including reach, impressions, clicks, opens, and engagement — are reported as available but are not guaranteed.

  • Midland AF makes no warranties regarding the achievement of any specific metric or business result.

9. Cancellations & Rescheduling

  • No refunds will be issued for Promoter-initiated cancellations once payment has been received and the engagement has been scheduled.

  • Promotions may be rescheduled at Midland AF's discretion in response to editorial calendar changes, force majeure events, or operational considerations. In such cases, Midland AF will provide reasonable notice and propose an alternative date.

  • For Custom Package Engagements, cancellation terms are set in the Engagement Contract (typically requiring 30 days' written notice; deposit is non-refundable; completed work is invoiced through cancellation date).

10. Indemnification

The Promoter agrees to indemnify, defend, and hold harmless Midland AF and its affiliates, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Promoter's products, services, events, or business operations; (b) any claims, statements, or representations made by the Promoter; (c) any materials provided by the Promoter; and (d) the Promoter's failure to comply with applicable laws, regulations, or platform policies.

11. Limitation of Liability

  • Midland AF's total cumulative liability for any claim arising out of or related to an engagement is limited to the total amount actually paid by the Promoter for that specific engagement.

  • In no event will Midland AF be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost business opportunities, or loss of goodwill — even if Midland AF has been advised of the possibility of such damages.

12. Confidentiality

  • Pricing, proposals, internal strategy documents, and non-public business information shared between the parties are confidential and may not be disclosed to third parties without written consent, except as required by law.

  • Confidentiality obligations survive termination of the engagement.

13. Force Majeure

Neither party will be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to acts of God, natural disasters, severe weather, pandemics, war, terrorism, civil unrest, governmental action, labor disputes, utility or internet outages, or third-party platform failures. The affected party will notify the other party as soon as practicable and will resume performance when reasonably able.

14. Modifications to These Terms

Midland AF may update these Terms from time to time. The version of these Terms in effect at the time the Promoter purchases, pays for, or initiates an engagement governs that engagement through its completion. Updates do not retroactively apply to previously paid engagements. The current version of these Terms is published at midlandaf.com/promotional-terms and dated by version (e.g., v2026.04).

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.

16. Notice & Disputes

  • Any notice, claim, or dispute relating to an engagement or these Terms must be sent in writing to: Midland AF, 3323 N Midland Dr, Ste 113-197, Midland, Texas 79707, or by email to a designated Midland AF contact.

  • The parties agree to attempt in good faith to resolve any dispute through direct negotiation before pursuing formal action.

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Exclusive venue and jurisdiction for any action arising out of or related to these Terms or any engagement is in the state or federal courts located in Midland County, Texas.

18. Acceptance

Purchase, payment, or participation in any Midland AF promotional service constitutes acceptance of these Terms. Electronic acceptance — including by paying an invoice, signing a proposal electronically, or submitting an intake form — is binding and has the same effect as a handwritten signature.

— END OF TERMS —

Midland AF  •  3323 N Midland Dr, Ste 113-197  •  Midland, Texas 79707  •  midlandaf.com