a. “Cannabis Ad” means an advertisement promoting a cannabis business, cannabis goods (e.g. flower, edibles, concentrates, etc.), or cannabis services.
b. “Cannabis License” is any license, certification, registration, authorization, or any other permission required by applicable law for the operation of a cannabis business and/or the serving of Cannabis Ads.
Company represents and warrants that it is duly licensed and approved by all relevant governmental authorities to engage in the business it is advertising related to cannabis (e.g. storing, growing, harvesting, trimming, manufacturing, distributing, warehousing, delivering, retail sales, etc.), and that it holds and will continue to properly maintain such valid Cannabis Licenses during the term of this Agreement. If any of Company’s applicable Cannabis Licenses are suspended, revoked, or terminated, or if any such action is threatened, Company must notify Fyllo immediately after learning of such action or related threat.
Company further represents and warrants that all Cannabis Ads will comply with the terms of all applicable laws, Cannabis Licenses, and Policies including without limitation that, if required, all Cannabis Ads have been approved by the relevant governmental authorities prior to Fyllo’s placement of the Cannabis Ad.
Company shall employ, on any Site to which a Cannabis Ad directs a Consumer, adequate age- screening mechanisms before allowing access to the Site to ensure that Consumers accessing the Site are not underage. Such age-screening mechanisms shall require the Consumer to enter their age accurately rather than providing a checkbox stating “I am over 21” or other similar mechanism.
At all times that an IO is in effect, Company agrees to secure at its own cost and expense errors and omissions insurance covering losses from any act, error, omission, negligence, breach of duty, and/or misrepresentation related to Company’s performance under this IO on a claims-made basis for no less than $1,000,000 for each claim and $2,000,000 in aggregate. Certification of coverage shall be submitted to Fyllo upon request. Fyllo shall be included as an additional insured or loss payee under such relevant policy. Such policy must be provided by a reputable insurance company holding at least an A-rating or better.
Fyllo may, but is not obligated to, provide feedback on the suitability of the Company Content submitted by Company, however, Company acknowledges that such feedback is not intended to constitute legal advice, legal opinion, legal approval, or approval of any kind by Fyllo. Any such feedback is provided “as-is”, is subject to change, and may not be considered up to date. No representation is made that such feedback is error-free. Company proceeds with Ads and Company Content at its own risk.
Upon request, Company will provide to Fyllo all information reasonably requested by Fyllo in order to demonstrate Company’s compliance with this Exhibit B, including without limitation copies of Company’s Cannabis Licenses and evidence that a Cannabis Ad has been approved by relevant governmental authorities.