Terms for Ads in Live Programming
These Terms for Ads in Live Programming (“Live Ad Terms”) apply to all advertising media and sponsorships (“Ads and Sponsorships”) in live programming made available by a Netflix entity (“Netflix”) to an advertiser (“Advertiser”) or an agency on an advertiser’s behalf (“Agency”). The term “Ads and Sponsorships” is interpreted to include, without limitation, commercials, billboards, digital and physical branding, and other enhancements or special ad units. The term “Buyer” refers to Advertiser and/or Agency as applicable. In purchasing Ads and Sponsorships in live programming on Netflix, Buyer agrees to these Live Ad Terms, which supplement the media buy terms (“Media Buy Terms”) referenced in the applicable insertion order, order letter, or other agreement between Netflix and Buyer (“Live Order”). These Live Ad Terms control in the event of any conflict, unless specifically noted in the Live Order.
1. Submission Guidelines. Buyer must submit any Advertiser logos, trademarks, other intellectual property and materials (“Advertiser IP”) for Ads and Sponsorships in accordance with the Netflix Ad Creative Source Specifications and any timelines, trafficking guidelines, or other instructions that Netflix may provide.
2. Live Programming and Commercial Format. Buyer acknowledges that live programming is subject to unforeseen events and occurrences, and the dates, times, participants and locations may change accordingly. Netflix will determine the placement, duration and designation of ad units and commercial pods, which may be adjacent to billboards, promotional announcements, or other advertising. Netflix reserves the right to revise or edit any elements of its live programming and commercial format. Unless otherwise noted by Netflix, Ads and Sponsorships are intended for primary distribution in the market listed in the Live Order, but may be included in feeds distributed globally and/or in ancillary or passthrough distribution channels. Ads and Sponsorships may be retained or removed from live and on-demand versions of live programming in whole or in part at Netflix’s discretion.
3. Brand Integrations and Live Content. If the Ads and Sponsorships that Buyer purchases involve the integration of Advertiser IP into Netflix live programming or related events and promotions (“Live Content”), Buyer grants Netflix and its affiliates and partners a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use the Advertiser IP in the Live Content, which Netflix may exhibit, distribute, promote, advertise, and exploit in any and all media and distribution channels. For clarity, between the parties, Advertiser owns or controls the Advertiser IP it provides for Live Content, and Netflix owns or controls the intellectual property related to the Live Content and its entertainment service. Buyer represents and warrants that Advertiser IP that Buyer provides for inclusion in the Live Content will not infringe upon any third party rights and will comply with all applicable laws, rules, regulations, and industry self-regulatory guidelines. Buyer will provide any legal disclaimers or disclosures applicable to Advertiser IP.
4. Netflix and Partner Approvals. Buyer understands that the inclusion of Ads and Sponsorships in Live Content may be subject to review and approval by Netflix and its licensors or partners. In such cases, Buyer agrees to submit Advertiser IP for review and approval in accordance with Netflix’s instructions. Unless otherwise set forth in writing, no rights are granted to use the intellectual property, including, but not limited to, logos, trademarks, names, images, and likenesses, of any persons or entities participating in or attending the live programming or any sports leagues, teams, or venues where the live programming is taking place. Buyer cannot convey personal or official endorsement by, or affiliation with, any of the above.
5. Marketing and Publicity. Netflix may provide Buyer with access to Netflix logos, trademarks, other intellectual property and materials (“Netflix IP”) for use in connection with Ads and Sponsorships and approved co-marketing opportunities around Live Content. Buyer’s use of Netflix IP must comply with all guidelines and instructions provided by Netflix and is subject to Netflix’s prior written approval in each instance, including for any public statements or press releases related to the Live Content.
6. Makegoods. Netflix will use commercially reasonable efforts to display Ads and Sponsorships in accordance with the Live Order. If ad units in live programming underdeliver on guarantees specifically set forth in the Live Order, Netflix will issue Buyer a makegood commensurate to the value of the underdelivery solely caused by Netflix. Makegoods must be used (i.e., all corresponding media must run) within ninety (90) days of issuance by Netflix alongside paid media. Makegoods are redeemable for advertising media typically made available on the Netflix ads tier and do not apply to sponsorships, marketing, integrated marketing, speciality programs or formats, or certain live programming. For integrations, if Netflix does not include Advertiser IP in the Live Content materially as set forth in the Live Order, Netflix and Buyer will have a good faith discussion regarding a makegood. From time to time, Netflix may debut new ad formats in live programming, which are provided as added value and not guaranteed.
7. Cancellation. The Live Order is non-cancelable by Buyer. In the event any charges are in arrears, or upon any material breach by Buyer, Netflix reserves the right to cancel the Live Order and/or associated Ads and Sponsorships.
8. Liability. Ads and Sponsorships must comply with Netflix Ad Policies & Supplemental Terms. Further to Buyer’s indemnification obligations in the Media Buy Terms, Buyer is fully responsible for the Advertiser IP it provides or approves for Ads and Sponsorships. If Netflix postpones and does not reschedule a live program, Netflix’s liability will be limited to cancellation of the corresponding fee for the Ads and Sponsorships that Buyer purchased in the applicable live program. Buyer agrees that the remedies set forth in these Live Ad Terms, as applicable, are adequate to compensate for any harm arising from a breach. Buyer waives any rights to seek injunctive or similar relief, rescind the rights granted in these Live Ad Terms, or otherwise restrain Netflix’s production, distribution, exhibition, advertising, or other use of the Live Content. To the extent permitted under applicable law, in no event will Netflix be liable for consequential, indirect, incidental, punitive, special or exemplary damages in connection with the failure to provide the Ads and Sponsorships in whole or in part. Other than payments for amounts due under a Live Order, neither Buyer nor Netflix will be liable for failure to perform due to unforeseen circumstances or force majeure events beyond their reasonable control (including, but not limited to, weather, fire, flood, civil commotion, government actions, failure of a third party or common carrier, technical disruption or failure, supply chain disruptions, labor disputes, pandemic or other widespread health events, etc.).
Last Updated: August 14, 2025