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beehiiv Advertising Terms of Use
Date last modified: June 11, 2026
These beehiiv Advertising Terms of Use ( the "Ad Terms") are entered into by and between you ("Advertiser") and beehiiv Inc. ("beehiiv"), and sets forth the parties' respective rights and obligations concerning Advertiser's access to and use of beehiiv's Ad Network. These Ad Terms, together with any insertion order(s) agreed to by beehiiv and the Advertiser, which incorporate these Ad Terms by this reference (each, an "Insertion Order"), are collectively the "Agreement". In the event of a conflict between an Insertion Order and these Ad Terms, the Insertion Order shall control.
IAB Standard Terms and Conditions
This Agreement is subject to The Interactive Advertising Bureau Standard Terms and Conditions for Internet Advertising for Media Buys of One Year or Less v 3.0, which can be found at: https://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf(the "IAB Terms"). In the event of any conflicts between the terms of this Agreement and the IAB Terms, the terms of this Agreement shall control.
Performance
beehiiv will seek to optimize campaign delivery based on Advertiser's stated objective and available data, including publisher adoption, click performance, pixel events, and first-party feedback submitted via the campaign dashboard. Advertiser is also expected to reasonably assist with performance improvements through the course of the campaign. Nonetheless, Advertiser's payment obligations are unconditional based on deliveries, regardless of campaign outcome, conversion performance, etc.
Payment
beehiiv will invoice Advertiser at the beginning of each month for all deliveries made during the previous month. Payment is due in accordance with the Insertion Order. Fees for all deliveries are non-refundable. If Advertiser is an agency acting on behalf of a client, Advertiser remains liable to beehiiv for payment hereunder regardless of collections from its client. In the event any amounts are past due by more than thirty (30) days, beehiiv can suspend performance and Advertiser shall be liable for all reasonable out of pocket collections costs (including reasonable attorney's fees) incurred by beehiiv in collecting such sums. Advertiser is responsible for any and all sales, use, value-added tax or similar taxes that may be payable at any time based on the fees paid to beehiiv hereunder.
Creative
Advertiser shall develop all aspects of the marketing creative, including copy, images, graphics, banner ads, and links to be used in connection with the campaigns (collectively, the "Creative"). The parties understand and agree that Advertiser is the sole owner of any and all intellectual property rights to its Creative. If beehiiv makes any changes to the Creative, Advertiser will have final approval of the edited Creative before it is included in a campaign. In addition to its rights under the IAB Terms, beehiiv retains the right to reject any Creative that violates appliable law, is inconsistent with beehiiv's Acceptable Use Policy for publishers (available at beehiiv.com/aup) or that beehiiv otherwise determines is inappropriate for its publisher network.
Extension of Campaign Period
If contracted deliverables (including clicks or impressions) are not fulfilled by the campaign end date, beehiiv shall extend the campaign until delivery is complete. Advertiser remains responsible for payment of all contracted deliverables when delivered, including those delivered during the extended period.
Ownership of beehiiv Ad Network
beehiiv owns all right, title and interest in and to the beehiiv Ad Network including, without limitation, all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. In exchange for the fees provided in the applicable Insertion Order, beehiiv grants Advertiser a limited, revocable, non-exclusive, non-transferable license to access and use the beehiiv Ad Network for the term of all applicable Insertion Orders only. All rights not expressly granted to Advertiser hereunder are reserved by beehiiv.
Non-Circumvention
Advertiser recognizes that beehiiv has proprietary relationships with the publishers that participate on the beehiiv Ad Network. Advertiser agrees not to circumvent beehiiv's relationship with its publishers, or otherwise request, solicit, hire, contract for or otherwise obtain, directly or indirectly, advertising, marketing or promotional services similar to the services provided by and through the beehiiv Ad Network from any publisher during the term of all Insertion Orders and for the one (1) year period following termination or expiration of all Insertion Orders entered into hereunder. Notwithstanding the foregoing, to the extent Advertiser can show it entered into a direct advertising relationship with any such publisher prior to the date Advertiser entered into any Insertion Order(s) hereunder, then Advertiser shall not be prohibited from continuing such relationship. Advertiser agrees that monetary damages for its breach, or threatened breach, of this paragraph will not be adequate and that beehiiv shall be entitled to: (a) injunctive relief (including temporary and preliminary relief) without the requirement to post a bond; and (b) any and all other remedies available to beehiiv at law or in equity.
Agencies
In the event the Advertiser entering into this Agreement is an Agency (as that term is defined in the IAB Terms), such Agency agrees it shall be jointly and severally liable with Advertiser (as that term is defined in the IAB Terms) for all liabilities and responsibilities of Advertiser hereunder.
Limit of Liability
BEEHIIV'S TOTAL LIABILITY TO ADVERTISER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY ADVERTISER UNDER THIS AGREEMENT. IN NO EVENT SHALL BEEHIIV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT BEEHIIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution
This Agreement is governed by the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising out of or related to this Agreement that cannot be resolved by good-faith negotiation within thirty (30) days of written notice of the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in New York County, New York. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in New York County, New York without waiving its right to arbitration. The prevailing party in any dispute shall be entitled to recover its reasonable attorneys' fees and costs.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous discussions, representations, and agreements relating thereto. No terms or conditions contained in any purchase order, invoice, vendor agreement, or other similar document issued by either party (other than Insertion Orders mutually executed by the parties) shall modify or supplement this Agreement unless expressly agreed to in writing by both parties.
Modification
From time to time, beehiiv may, in its sole discretion, update these Ad Terms by posting the updated version and updating the date at the top of the page. beehiiv will generally provide not less than seven (7) days advance notice of any updates to these Ad Terms, except where immediate effect is required by law, security or abuse prevention. Unless you reject the updated Ad Terms by providing notice to us of the rejection of such updates prior to the effective date provided by us, your continued provision of content for publication and/or allocation of additional budget or campaigns hereunder will be deemed to accept the changes and they will take effect at the earlier of: (a) 11:00 a.m. Eastern time on the 7th day after beehiiv posts them (or a later date that we specify in the update, if any); or (b) your taking some other action to specifically accept the updated Terms, such as clicking to accept them. If you timely reject such updated Ad Terms, the version of these Ad Terms in place immediately before such modification shall remain in place for the duration of the Insertion Order which incorporates these Ad Terms. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.