Supplemental Terms & Conditions for Ads on Live Programming

These Supplemental Terms & Conditions for Ads on Live Programming (“Live Ad Terms”) apply to all advertising media in live programming that may be made available by Netflix, Inc. (“Netflix,” “we,” “us” or “our”) to you, an advertiser or agency on an advertiser’s behalf (“you” or “your”). When you purchase advertising media in live programming on Netflix, you agree to these Live Ad Terms, which are also incorporated by reference into your advertising media purchase agreement, including, as applicable, your Live Programming Order Letter. In the event of any conflict with your agreement, these Live Ad Terms will control.

Agency Authority

If you are an agency purchasing advertising media in Netflix live programming on an advertiser’s behalf, then you represent and warrant that you have authority as the advertiser’s agent to bind the advertiser to these Live Ad Terms, the Live Programming Order Letter, and all other applicable Netflix advertising terms and policies. 

Invoicing 

Netflix will invoice you monthly and payment will be due within thirty (30) days of receipt of invoice, or as otherwise set forth in the invoice. 

Assignment

You are not permitted to resell, assign or otherwise transfer any advertising media placements in Netflix live programming to any other party, including any of your affiliates, without Netflix’s written permission. 

Ad Materials

Ad materials, including, without limitation, commercials, billboards and other enhancements (“Ads”) must be submitted in accordance with any timelines, trafficking guidelines and technical specifications that Netflix may provide. Ads placed for distribution in live programming may remain in the SVOD versions of such programs in perpetuity or be removed in whole or in part at Netflix’s discretion. Unless otherwise noted by Netflix, Ads in live programming are intended for primary distribution in the United States, but may be included in feeds distributed globally and/or in ancillary or passthrough distribution channels. 

Liability 

Ads must comply with Netflix’s ad policies and supplemental terms located at help.netflix.com/legal/ads-policy. You are fully responsible for the content of your Ads. 

You will defend, indemnify, and hold harmless Netflix and each of its affiliates and licensees, and their respective officers, directors, employees, consultants, contractors, agents and advisors from the damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from any claim, judgment, or proceeding that arises out of your breach of these Live Ad Terms, the Live Programming Order Letter, and/or any other applicable Netflix advertising terms and  policies.

Neither party will be liable for indirect, incidental, consequential, punitive or exemplary damages not arising from indemnification obligations. 

In the event that Netflix does not present and reschedule a live program, then Netflix’s liability will be limited to cancellation of the corresponding fee for the advertising media placements you purchased in the live program. 

Live Programming

You acknowledge that live programming is subject to unforeseen events and incidents, and the dates, times and participants may change accordingly. Netflix reserves the right to revise or edit any elements of its live programming and commercial format at its sole discretion.

Makegoods

Netflix will use commercially reasonable efforts to display your Ads in accordance with the terms of your Live Programming Order Letter. In the event of non-conformance, Netflix will issue you a makegood credit as set forth in your Live Programming Order Letter. 

Miscellaneous

We may modify these Live Ad Terms from time to time, and by continuing to purchase advertising media from Netflix after any modification, you agree to be bound by the updated version.

Last Updated: October 18, 2024