HULU AD MANAGER
BETA PROGRAM TERMS

Effective Date: March 3, 2020

Hulu has developed an Ad Manager Beta Program (“Beta Program”) to allow a limited number of business entity advertisers, if selected, to use and provide feedback regarding pre-release versions of an ad manager tool (“Beta Product”). The Beta Program is designed to, among other things, assist Hulu in researching, analyzing, and validating the usability of the Beta Product before it is rolled out to the general public (“Purpose”).

These Hulu Ad Manager Beta Program Terms (“Ad Manager Beta Terms”) are entered into by Hulu and the business entity advertiser applying to participate and/or participating in the Beta Program. The individual agreeing to these Ad Manager Beta Terms on behalf of the advertiser represents and warrants that he or she has the authority to do so.

1. Ownership.

You acknowledge and agree that Hulu owns all right, title and interest in and to the Beta Product and in any and all intellectual property rights therein, including but not limited to any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights. You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Ad Manager Beta Terms or your performance thereunder.

2. License Grant and Restrictions.

To the extent you are selected to participate in the Beta Program, and subject to your agreement to and compliance with these Beta Terms, Hulu hereby grants you a limited, nonexclusive, nontransferable and revocable license to use the Beta Product for testing and evaluation purposes in connection with the Beta Program. Your use of the Beta Product is limited to: (i) using, testing, and evaluating the Beta Product, including submission of any campaigns, ad(s), targeting criteria, budget, and/or payment method; and (ii) from time to time, sharing your comments, feedback, suggestions and other information regarding your use of the Beta Product (collectively, “Feedback”). You may not use the Beta Product for any other purpose, commercial or otherwise (including reverse engineering, disassembling, or decompiling any prototypes, software or tangible objects provided to you in connection with the Beta Program). All rights not expressly granted to you with respect to the Beta Product are reserved by Hulu.

3. Confidentiality and Non-Disclosure.

YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED UPON BY YOU AND HULU, YOUR PARTICIPATION IN THE BETA PROGRAM, YOUR COMMUNICATIONS WITH HULU ABOUT THE BETA PROGRAM, THE RESULTS OF YOUR EVALUATION, OPERATION, AND TESTING OF THE BETA PRODUCT, YOUR FEEDBACK, AND ALL INFORMATION AND MATERIALS DISCLOSED TO YOU BY HULU RELATED TO THE BETA PROGRAM, ARE AND WILL REMAIN THE CONFIDENTIAL INFORMATION OF HULU. “CONFIDENTIAL INFORMATION” INCLUDES, BUT IS NOT LIMITED TO, ALL NON-PUBLIC DOCUMENTS, DESIGNS, TECHNIQUES, SPECIFICATIONS, PRODUCT/FEATURE PLANS, STRATEGIC INFORMATION, EXISTING OR PROSPECTIVE BUSINESS PLANS, EXISTING OR PROSPECTIVE PRODUCT STUDY OR PILOT TEST OBJECTIVES AND/OR RESULTS, AND OTHER INFORMATION RELATED TO THE BETA PRODUCT.

Your Obligations Regarding Confidential Information. All Confidential Information remains the sole property of Hulu, and you have no implied licenses or rights in the Confidential Information not specified in these Beta Terms. To that end, you agree to maintain the Confidential Information in strict confidence and use Confidential Information only for the Purpose. You further agree that you: (i) will not share or discuss Confidential Information with any third parties, including by posting about the Beta Program or Beta Product on any social media or other public platforms; and (ii) will use all reasonable efforts to prevent the unauthorized use, dissemination or publication of Confidential Information. You acknowledge that damages for improper disclosure of Confidential Information may be irreparable; therefore, in the event of any breach of the provisions of these Beta Terms with respect to Confidential Information, Hulu shall be entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies available at law or in equity.

4. Hulu’s Communications with You.

Hulu may communicate with you about the Beta Program, including through one or more third-party e-mail or survey services, via the contact information you provide as part of the Beta Program registration process. You agree that Hulu may share your contact information with third-party services, to the extent necessary to enable such communications. You also consent to receive communications that, without limitation: (i) solicit Feedback via e-mail, surveys, bug reports, or other feedback methods Hulu may choose; (ii) notify you of changes to the Beta Program or these Ad Manager Beta Terms; and (iii) tell you about future Hulu Beta programs or Hulu products and services. You may opt out of these communications from Hulu by terminating your participation in the Beta Program, and you may opt out of non-essential marketing communications pursuant to Hulu’s Privacy Policy (available at http://www.hulu.com/privacy), which is incorporated by reference into these Ad Manager Beta Terms.

5. Feedback.

Hulu may, from time to time, request that you provide Feedback regarding the Beta Product. You agree that your Feedback will become the exclusive property of Hulu, no matter the form or platform in which it is delivered. You further agree that Hulu may use all or part of your Feedback or any derivative thereof in any manner or media without any compensation or credit to you. You represent and warrant that your Feedback does not and will not contain any confidential or proprietary information of any other person or business entity.

6. No Compensation or Employment.

You acknowledge that you are participating in the Beta Program on a purely voluntary basis, in consideration of the opportunity to be among the first advertisers to use the Beta Product and to assist Hulu with the Purpose. Hulu makes no guarantee or representation as to whether your Feedback regarding the Beta Product will be used, and you understand and acknowledge that Hulu will not compensate you for your participation in the Beta Program. Furthermore, you acknowledge and agree that nothing in these Beta Terms or in your voluntary submission of Feedback creates any employment or independent contractor relationship between you and Hulu.

7. Disclaimer of Warranties, Limitation of Liability, and Indemnity.

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE BETA PROGRAM AND USE OF THE BETA PRODUCT IS AT YOUR OWN RISK. THE BETA PRODUCT IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS IN CONNECTION WITH THE BETA PROGRAM. SPECIFICALLY, YOU AGREE THAT YOU MAY ENCOUNTER CERTAIN BUGS, TEMPORARY SERVICE OUTAGES, OR LOSS OF CERTAIN FUNCTIONALITIES IN CONNECTION WITH THE BETA PRODUCT. WITHOUT LIMITING THE FOREGOING, HULU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY AND PRIVACY OF YOUR DATA, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE BETA PRODUCT WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. HULU MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS THAT HELP ADMINISTER AND OPERATE ANY ASPECT OF THE BETA PROGRAM.

IN NO EVENT SHALL HULU OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE BETA PROGRAM), AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “HULU PARTIES”), BE LIABLE UNDER ANY LEGAL THEORY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATING TO THE BETA PROGRAM OR THE BETA PRODUCT, OR THE DELIVERY OF AD(S) VIA THE HULU WEBSITE OR APPLICATIONS, EVEN IF THE HULU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF THE HULU PARTIES FOR ALL CLAIMS, LOSSES, DAMAGES AND EXPENSES SHALL NOT EXCEED THE TOTAL PAID BY YOU IN THE 6 MONTHS PRECEDING THE CLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE MATERIAL TO THESE BETA TERMS.

YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HULU PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, JUDGMENTS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR RELATED TO ANY THIRD-PARTY CLAIM RELATING IN ANY WAY TO THE BREACH OR ALLEGED BREACH OF THESE BETA TERMS, USE OF THE BETA PRODUCT, OR FEEDBACK PROVIDED.

8. Notices and Modifications.

From time to time, Hulu may communicate with you about the Beta Program and these Beta Terms via e-mail or by posting a message on the website https://advertising.hulu.com/ads-on-hulu/hulu-ad-manager/terms-of-use-beta/. Notices may include modifications to these Ad Manager Beta Terms or changes to the Beta Program or the Beta Product. Any such changes will become effective on the earlier of your application to participate in the Beta Program or for existing Beta Program participants, seven (7) days after posting. Notwithstanding the foregoing, any changes specific to new functionality or changes required by law will be effective immediately upon posting.

9. Termination.

The term of these Ad Manager Beta Terms will commence on the date of your first acceptance of these Beta Terms and continue until the earliest of: (i) the date specified by Hulu as being the end of the period of the Beta Program; (ii) the date upon which Hulu, in its sole discretion, provides notice to you of termination of these Ad Manager Beta Terms or your participation in the Beta Program; and (iii) your violation or breach of any provisions of these Ad Manager Beta Terms (the “Term”). You may also discontinue your participation in the Beta Program at any time, for any reason, by contacting Hulu at beta@admanager.hulu.com.

At the end of the Term or upon your decision to stop participating in the Beta Program: (i) you will promptly deliver to Hulu all Confidential Information, or destroy and certify the destruction of all Confidential Information associated with the Beta Product; and (ii) the rights granted to you under these Beta Terms with respect to the Beta Product and the Confidential Information will immediately terminate. Hulu’s ownership of your already-submitted Feedback, as well as your confidentiality obligations as they relate to the Beta Product, the various limitations on Hulu’s liability, and the dispute resolution process, among others, will survive any expiration or termination of these Beta Terms.

10. Governing Law, Forum Selection, and Dispute Resolution.

Hulu incorporates its Hulu Advertising Manager Terms (available at http://www.advertising.hulu.com/ads-on-hulu/hulu-ad-manager/terms-of-use), including sections 9 (the “Arbitration of Claims” provision) and 10(a) (the “Governing Law” provision) as though fully set forth herein.

11. Export Controls.

Software and the transmission of applicable technical data, if any, in connection with the Beta Product are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

12. Entire Agreement; Severability.

These Ad Manager Beta Terms, the Hulu Advertising Manager Terms (if applicable), and Hulu’s Privacy Policy constitute the entire legal agreement governing your participation in the Beta Program, and supersede any prior agreements or understandings between you and Hulu in relation to the Beta Program. These Ad Manager Beta Terms operate to the fullest extent permissible by law. If any provision of these Beta Terms is held to be unlawful, void, or unenforceable, the parties agree that the provision will be deemed severable from these Ad Manager Beta Terms and will not affect the validity and enforceability of any remaining provisions.

For inquiries or questions regarding these Ad Manager Beta Terms or the Beta Program, please contact us at beta@admanager.hulu.com.

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Q: Why do you ask for progressive?

A: The Hulu player, unlike traditional broadcast, does not play back interlace scan, so we require that all videos be delivered with their scan type set to progressive. If your video is natively interlaced, you must de-interlace it to progressive and you must employ a de-interlace filter that does not result in blending or ghosting artifacts. We recommend an auto-adaptive de-interlace if available.

Stress mark should be marked with [capitals] to indicate the primary stressed syllable, as in: news・pa・per [NOOZ-pey-per] in・for・ma・tion [in-fer-MEY-shuhn]

On living room, mobile, and tablet devices, the color gradient overlay is dynamic and will change based on the cover story art. It is not something we can control on our end.

If the tagline/date messaging doesn’t fit within the 11 syllables max, it can be included as text.

On living room, mobile, and tablet devices, the color gradient overlay is dynamic and will change based on the cover story art. It is not something we can control on our end.

  • No symbols such as registered marks, copyrights, etc.
  • If symbols are required, they will be presented in standard text such as" Brand (TM)".

Q: When is letterboxing allowed and not allowed?

A: When the native aspect ratio is 1.78:1 or 1.33:1 throughout the entire program, there should not be any letterboxing (black bars on top and bottom), nor should there be any pillarboxing (black bars on either side). We should should see an active picture take up the full frame. If the aspect ratio is wider than 1.78:1, such as 2.35:1, matting on the top and bottom is permissible. Additionally, if there is a creative choice to add matting or if there is a mix of native aspect ratios, this is usually waived, but please reach out to your Hulu representative to confirm.

Q: Should the bitrate be constant if delivering ProRes codec?
A: No, since ProRes codec is built to be variable, this is waived.

Q: Can you accept bitrate higher than 30 Mbps?
A: Yes, we can accept bitrate beyond the recommended range for H.264 and ProRes. In the case of ProRes, bitrate will often exceed 30 Mbps due to its variable setting.

Q: What does native frame rate mean?

A: Native frame rate refers to the frame rate the source footage was shot. Whenever possible, we require all videos to be delivered in their native frame rate. This means that no frame rate conversion should be performed, which includes adding 3:2 pulldown for broadcast.

Q: Why do you prefer PCM codec?

A: PCM codec is lossless audio quality, so whenever possible, please deliver PCM audio.

The use of Graphik is acceptable in cases where the Client cannot supply their own typeface.

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Streaming TV Advertising 101

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Q&A With
Gadi Amit

Founder, New Deal Design

Gadi: The development of serendipity in recommendations is very important. An analogy I use is that of a restaurant. If you go to a good restaurant, you don’t always want to see what you’re looking for. You’re looking for surprises. It’s not the expected, it’s the unexpected. You trust in the restaurant’s atmosphere. You don’t know exactly what you’re getting, but you trust their creativity and that you’ll enjoy whatever they serve you.

Do you think it is possible for a streaming service to become that “restaurant” - a trusted source of serendipitous recommendations?

Gadi: I absolutely do. But it is difficult. It’s a long game. It requires them to build trustworthiness with audiences through genuine content recommendations over the years.

Q&A With
Gandi Amit

Found New Deal Design

Gandi: The development of serendipity in recommendations is very important. An analogy I use is that of a restaurant. If you go to a good restaurant, you don’t always want to see what you’re looking for. You’re looking for surprises. It’s not the expected, it’s the unexpected. You trust in the restaurant’s atmosphere. You don’t know exactly what you’re getting, but you trust their creativity and that you’ll enjoy whatever they serve you.

Do you think it is possible for a streaming service to become that “restaurant” -- a trusted source of serendipitous recommendations?

Gandi: I absolutely do. But it is difficult. It’s a long game. It requires them to build trustworthiness with audiences through genuine content recommendations over the years.

Q&A With
Jonathan Miranda

Emerging Strategy Principal, Salesforce

Another expectation among younger generations seems to be personalization. How are you seeing this play out in media?

Jonathan: If you go into the world of advertising and marketing, customized, personalized advertising is more important than ever before. There’s a realization that eight years of funny commercials that we’ve showed everybody probably for the fourth time, doesn’t work anymore. So there’s a lot of companies moving towards specialized advertising.

How does this type of personalization translate to personalizing content beyond advertising? Who’s going to predict what people will want to watch, and do it first?

Jonathan: It’s not about being the first to predict what people want to watch. It's different. It’s about getting viewers to browse. You want to show them the value of all of the money Hulu has spent and the great range of TV and film for them to choose from.

Q&A With
Julie DeTragila

Head of Research & Insights, Hulu

Julie: There are vast differences between the way under 35-year-olds watch TV and over 35-year-olds watch TV. I grew up in a world where there were maybe 10 channels, and my viewing changed as technology and options changed. Younger viewers started from a really different place. Everything has always been on-demand. Anything they ever wanted to see was available to them, and they therefore have different expectations for TV.

How so?

Julie: One of the things we found with Gen Z is that they really want to be immersed in something for a long time. They want to have content that they can live with for a while; it’s like this long, seamless storytelling. They’ll knock off a couple episodes a night and it will last a couple of months. And then they’ll re-watch it a million times over.

What other shifts have you seen happen-with Gen Z but also more broadly-with the rise of streaming?

Julie: For years, television had to deliver a specific rating. Shows had to appeal broadly or else they wouldn’t survive. And those days are long gone because, with streaming services, shows can reach hundreds of thousands of people or tens of thousands of people and still be considered successful. There’s more experimentation with the types of content; we’re not locked into an hour, a half hour, a comedy, etc. The industry can create really niche shows to appeal to niche audiences, but also simultaneously create big, broad experiences that are shared by millions.

Q&A With
Larissa May

Founder, #HalftheStory

Your work focuses a lot on Gen Zs who, for better or worse, are dubbed “digital natives.” How do you think a generation of digitally native audiences view digital content differently than older generations?

Larissa: I think for young people digital content is a way they’re able to explore their own identities through the story... They want to see themselves and their stories in the content that they’re engaging with.

Tell us a little more about this digital content as Gen Z’s form of self-reflection.

Larissa: Digital content is sort of like a currency. I find that young people want to watch things that their friends are watching so that they can have conversations about it. For example, with Euphoria, young people were just kind of in love with the characters. It was very timely and a bit provocative, and then there was a way that they could see themselves in these stories and connect with their friends about the topics and ideas in the show.

And then also they could almost embody these characters in their own life. I really do think that the TV shows that young people are buying into are actually influencing their culture and their trends and even their language that they’re using.

Q&A With
Richard Frankel​

Global Creative Director, Spotify

What does the future of personalization look like?

Richard: I think it’s all down to trust. We're going to see more opportunity on platforms like Hulu and Spotify where the user trusts us.

That’s really interesting. Another area we wanted to explore is podcasts, and their relationship to video. For example, the show Homecoming is an adaptation of a podcast; the podcast Office Ladies is a spin-off from a TV show. Why do you think the two formats work so well together?

Richard: Anything at all that drives conversation in pop culture, and TV does a lot of that, is worthy of consideration in a podcast environment. Any of these conversations can become multiple audio streams that evolve with experts, interviews, and all kinds of narrative threads that can flesh out characters, or narrative development, or whatever's happening in those shows.