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Tuesday, February 15, 2011
These Advertising.com Publisher Terms and Conditions ("Terms"), the addenda attached hereto, which are hereby incorporated by reference ("Addenda"), and any inventory purchase agreement entered into between the parties ("IPC") (collectively, the "Agreement"), between Advertising.com LLC and its affiliates, ("Advertising.com"), and Publisher shall govern Publisher's participation in the Advertising.com Network. In the event of any inconsistency between the Terms, the Addenda and an IPC, the following order of precedence shall apply: the IPC, followed by the Addenda, followed by the Terms. Capitalized terms not defined herein shall have the meanings assigned to them in the Addenda.
1. DEFINITIONS
"Action" means a specific activity that is required to qualify for the payment of the display of a Creative, i.e., click, purchase, registration, etc., which activity will be set forth in the IPC or in the associated online program.
"Advertising.com Marks" means Advertising.com's trademarks, service marks, logos and trade dress.
"Advertising.com Network" means the centrally managed group of third party Websites through which Advertising.com can distribute Creatives, including the Display Network, Video Network, Sponsored Listings Network and Data Network.
"Data Network" means Advertising.com's centrally managed group of third party Websites through which Advertising.com collects Data.
"CPA" means a campaign for which Publisher shall be paid on a cost per Action basis.
"CPC" means a campaign for which Publisher shall be paid on a cost per Unique Click basis.
"CPM" means a campaign for which Publisher shall be paid on a cost per thousand Impressions basis.
"Creative" means advertisements of any type used by Publisher hereunder, including, but not limited to, buttons, banners, text-links, pop-ups, pop-unders, Display Creatives, Sponsored Listings Creatives and Video Creatives.
"Display Creative" means a graphic image(s) or media object(s) used as an advertisement.
"Display Network" means Advertising.com's centrally managed group of third party Websites through which Advertising.com distributes Display Creatives.
"Impressions" means the number of times a Creative is served to, and received by, a Unique Visitor on the Publisher Website(s) as measured by Advertising.com, not including automated page refreshes. Notwithstanding the foregoing a Video Creative served with any companion banner shall count as a single Impression as measured by Advertising.com.
"Invalid Click" means any click on a Creative that (i) causes the web surfer to reach a destination other than the intended destination (an incorrect redirect), which may be caused by a server malfunction on the Publisher Website(s), or because of alterations made by Publisher or erroneous coding placed on the Publisher Website(s); or (ii) results from applying repeated manual or mechanically automated clicks on mouse or keyboard or any other non-human click generation processes (including but without limitation robots, spiders, scripts or other software) as well as all other clicks resulting from methods that Advertising.com determines to be fraudulent in nature, or resulting from incentives or misleading or coercive means.
"Net Revenue" means, with respect to any particular period of time, the amount invoiced by Advertising.com to advertisers with respect to Creatives on the Publisher Website, less the following deductions: (i) transaction fees, (ii) third party campaign referral fees and commissions, (iii) applicable ad serving and technology fees paid to third parties, (iv) fees paid by advertisers for training and implementation services, and (v) Invalid Clicks.
"Revenue Share" means, with respect to a campaign for which payment is based upon a percentage of Net Revenue, such payment shall be the amount equal to the product of (i) the Net Revenue during such calendar month, multiplied by (ii) the revenue share percentage payout rate set forth in the applicable Addenda or IPC.
"Network Tags" means scripts provided by Advertising.com that are designed to be inserted into the code of the Publisher Pages, which scripts communicate with servers designated by Advertising.com and request transmission from those servers of Creatives.
"Publisher" means the individual or entity entering into this Agreement, as set forth in the applicable Addenda or IPC.
"Publisher Marks" means Publisher's trademarks, service marks, logos and trade dress.
"Publisher Page" means a web page on the Publisher Website.
"Publisher Website" means a Website or Websites owned or operated by Publisher, or on which Publisher is otherwise legally authorized to act in the manner contemplated by this Agreement.
"Sponsored Listings Network" means Advertising.com's centrally managed group of third party websites through which Advertising.com distributes Sponsored Listings Creatives.
"Sponsored Listings Creative" means a text-based reference to an advertiser's products or services, which includes a link to such advertiser's website, and which may also include an image and/or logo.
"Unique Click" means the number of times, as recorded by Advertising.com, a person viewing the Publisher Website(s), as identified by cookie or IP address, clicks on a Creative, provided however, that a click on a specific Display Creative by a particular person shall only be counted as a Unique Click once every 1-hour period.
"Unique Visitor" shall mean a visitor to the Publisher Website as identified by Advertising.com based on such visitor's IP address.
"Video Creative" means a broadband video advertising unit as more fully described in the IAB Digital Video In-Stream Ad Format Guidelines located at http://www.iab.net/media/file/IAB-Video-Ad-Format-Standards.pdf.
"Video Network" means the centrally managed group of third party Websites through which Advertising.com distributes Video Creatives.
"Website" means a file or collection of files identified by a common domain name and located on a common server(s), each of which files contains a web object or collection of objects that provide content or functional instructions for user-accessible web pages, which files are publicly available via the Internet.
2. Implementation. a) Network Tags. Advertising.com requires placement of Network Tags on the Publisher Websites participating in the Advertising.com Network. Publisher shall use reasonable efforts to promptly place and enable the Network Tags. From time to time, certain customizations may be required during this Agreement to ensure the Network Tags operate as intended, Publisher agrees to cooperate with Advertising.com to implement such customizations.
b) License Grant. Subject to the terms and conditions of this Agreement, Advertising.com grants to Publisher a limited, non-transferable, non-exclusive, non-sub-licensable right and license to use the Network Tags and Creatives, solely for the purposes of performance of this Agreement and solely during the term of this Agreement.
c) Restrictions. Publisher shall place the Network Tags only on the Publisher Website(s) that have been approved by Advertising.com and have been specified in the IPC or subsequently approved by Advertising.com in writing in accordance with this paragraph. Publisher may submit a written request to Advertising.com (with email being sufficient) to add additional Publisher Websites(s), and Advertising.com shall approve or reject such request in writing in its sole discretion (with email being sufficient). Network Tags may not be placed within any Website(s) or on any URLs not specifically approved for participation in the Advertising.com Network. Publisher shall not: (i) sell, rent, lease, sublicense, transfer, distribute or otherwise make available the Network Tags or Creatives or any copies thereof to any third party; (ii) translate, reverse engineer, decompile or disassemble the Network Tags; (iii) create derivative works based upon the Network Tags; (iv) alter, destroy or otherwise change the Network Tags or Creatives (except as authorized in this Agreement); or (v) copy the Network Tags or Creatives, except for performance of this Agreement or for backup, archival and disaster recovery purposes.
d) Prohibited Content. Advertising.com does not accept any Website that contains the following content: (i) any content that contains or promotes concepts that are hateful or disparaging towards any race, religion, gender, sexual orientation or nationality; (ii) any content that promotes firearms, bombs and other weapons or how-to guides for any of the above; (iii) Any content that contains or promotes illegal activities, including, but not limited to hacking, phreaking and online gambling; (iv) any content that contains or promotes pornography or graphic sexual depictions; (v) any content that contains, promotes or links to indecent, obscene or highly explosive subject matter; (vi) Any content that facilitates or promotes illegal file-sharing (MP3s, copyright protected video, or the equivalent) (collectively referred to as the "Prohibited Content"). Publisher represents and warrants that during the term of this agreement none of the Publisher Websites on which it places Creatives shall contain or promote any Prohibited Content.
e) Ownership Rights. Except for the limited license rights expressly granted to Publisher in this Agreement, Advertising.com retains all right, title and interest in and to the Advertising.com Network, the technology utilized by Advertising.com to operate the Advertising.com Network, the Network Tags, and the Creatives, including but not limited to all patent, trademark, copyright, trade secret and all other intellectual property rights therein.
f) Publisher Responsibilities. Publisher is solely responsible, at its own expense, for procuring, maintaining and operating all hardware, software, networks, systems and third-party services (e.g., Internet access) necessary to (i) operate the Publisher Website(s), (ii) use the Network Tags, (iii) display the Creatives, and (iv) access and use the Advertising.com Network services. Advertising.com will provide reasonable assistance to implement the Network Tags. Notwithstanding the previous sentence, Publisher is solely responsible for ensuring that such hardware, software, networks, systems and third-party services are compatible with the Network Tags, and Advertising.com makes no representation or warranty regarding any such compatibility.
1. DEFINITIONS
"Action" means a specific activity that is required to qualify for the payment of the display of a Creative, i.e., click, purchase, registration, etc., which activity will be set forth in the IPC or in the associated online program.
"Advertising.com Marks" means Advertising.com's trademarks, service marks, logos and trade dress.
"Advertising.com Network" means the centrally managed group of third party Websites through which Advertising.com can distribute Creatives, including the Display Network, Video Network, Sponsored Listings Network and Data Network.
"Data Network" means Advertising.com's centrally managed group of third party Websites through which Advertising.com collects Data.
"CPA" means a campaign for which Publisher shall be paid on a cost per Action basis.
"CPC" means a campaign for which Publisher shall be paid on a cost per Unique Click basis.
"CPM" means a campaign for which Publisher shall be paid on a cost per thousand Impressions basis.
"Creative" means advertisements of any type used by Publisher hereunder, including, but not limited to, buttons, banners, text-links, pop-ups, pop-unders, Display Creatives, Sponsored Listings Creatives and Video Creatives.
"Display Creative" means a graphic image(s) or media object(s) used as an advertisement.
"Display Network" means Advertising.com's centrally managed group of third party Websites through which Advertising.com distributes Display Creatives.
"Impressions" means the number of times a Creative is served to, and received by, a Unique Visitor on the Publisher Website(s) as measured by Advertising.com, not including automated page refreshes. Notwithstanding the foregoing a Video Creative served with any companion banner shall count as a single Impression as measured by Advertising.com.
"Invalid Click" means any click on a Creative that (i) causes the web surfer to reach a destination other than the intended destination (an incorrect redirect), which may be caused by a server malfunction on the Publisher Website(s), or because of alterations made by Publisher or erroneous coding placed on the Publisher Website(s); or (ii) results from applying repeated manual or mechanically automated clicks on mouse or keyboard or any other non-human click generation processes (including but without limitation robots, spiders, scripts or other software) as well as all other clicks resulting from methods that Advertising.com determines to be fraudulent in nature, or resulting from incentives or misleading or coercive means.
"Net Revenue" means, with respect to any particular period of time, the amount invoiced by Advertising.com to advertisers with respect to Creatives on the Publisher Website, less the following deductions: (i) transaction fees, (ii) third party campaign referral fees and commissions, (iii) applicable ad serving and technology fees paid to third parties, (iv) fees paid by advertisers for training and implementation services, and (v) Invalid Clicks.
"Revenue Share" means, with respect to a campaign for which payment is based upon a percentage of Net Revenue, such payment shall be the amount equal to the product of (i) the Net Revenue during such calendar month, multiplied by (ii) the revenue share percentage payout rate set forth in the applicable Addenda or IPC.
"Network Tags" means scripts provided by Advertising.com that are designed to be inserted into the code of the Publisher Pages, which scripts communicate with servers designated by Advertising.com and request transmission from those servers of Creatives.
"Publisher" means the individual or entity entering into this Agreement, as set forth in the applicable Addenda or IPC.
"Publisher Marks" means Publisher's trademarks, service marks, logos and trade dress.
"Publisher Page" means a web page on the Publisher Website.
"Publisher Website" means a Website or Websites owned or operated by Publisher, or on which Publisher is otherwise legally authorized to act in the manner contemplated by this Agreement.
"Sponsored Listings Network" means Advertising.com's centrally managed group of third party websites through which Advertising.com distributes Sponsored Listings Creatives.
"Sponsored Listings Creative" means a text-based reference to an advertiser's products or services, which includes a link to such advertiser's website, and which may also include an image and/or logo.
"Unique Click" means the number of times, as recorded by Advertising.com, a person viewing the Publisher Website(s), as identified by cookie or IP address, clicks on a Creative, provided however, that a click on a specific Display Creative by a particular person shall only be counted as a Unique Click once every 1-hour period.
"Unique Visitor" shall mean a visitor to the Publisher Website as identified by Advertising.com based on such visitor's IP address.
"Video Creative" means a broadband video advertising unit as more fully described in the IAB Digital Video In-Stream Ad Format Guidelines located at http://www.iab.net/media/file/IAB-Video-Ad-Format-Standards.pdf.
"Video Network" means the centrally managed group of third party Websites through which Advertising.com distributes Video Creatives.
"Website" means a file or collection of files identified by a common domain name and located on a common server(s), each of which files contains a web object or collection of objects that provide content or functional instructions for user-accessible web pages, which files are publicly available via the Internet.
2. Implementation. a) Network Tags. Advertising.com requires placement of Network Tags on the Publisher Websites participating in the Advertising.com Network. Publisher shall use reasonable efforts to promptly place and enable the Network Tags. From time to time, certain customizations may be required during this Agreement to ensure the Network Tags operate as intended, Publisher agrees to cooperate with Advertising.com to implement such customizations.
b) License Grant. Subject to the terms and conditions of this Agreement, Advertising.com grants to Publisher a limited, non-transferable, non-exclusive, non-sub-licensable right and license to use the Network Tags and Creatives, solely for the purposes of performance of this Agreement and solely during the term of this Agreement.
c) Restrictions. Publisher shall place the Network Tags only on the Publisher Website(s) that have been approved by Advertising.com and have been specified in the IPC or subsequently approved by Advertising.com in writing in accordance with this paragraph. Publisher may submit a written request to Advertising.com (with email being sufficient) to add additional Publisher Websites(s), and Advertising.com shall approve or reject such request in writing in its sole discretion (with email being sufficient). Network Tags may not be placed within any Website(s) or on any URLs not specifically approved for participation in the Advertising.com Network. Publisher shall not: (i) sell, rent, lease, sublicense, transfer, distribute or otherwise make available the Network Tags or Creatives or any copies thereof to any third party; (ii) translate, reverse engineer, decompile or disassemble the Network Tags; (iii) create derivative works based upon the Network Tags; (iv) alter, destroy or otherwise change the Network Tags or Creatives (except as authorized in this Agreement); or (v) copy the Network Tags or Creatives, except for performance of this Agreement or for backup, archival and disaster recovery purposes.
d) Prohibited Content. Advertising.com does not accept any Website that contains the following content: (i) any content that contains or promotes concepts that are hateful or disparaging towards any race, religion, gender, sexual orientation or nationality; (ii) any content that promotes firearms, bombs and other weapons or how-to guides for any of the above; (iii) Any content that contains or promotes illegal activities, including, but not limited to hacking, phreaking and online gambling; (iv) any content that contains or promotes pornography or graphic sexual depictions; (v) any content that contains, promotes or links to indecent, obscene or highly explosive subject matter; (vi) Any content that facilitates or promotes illegal file-sharing (MP3s, copyright protected video, or the equivalent) (collectively referred to as the "Prohibited Content"). Publisher represents and warrants that during the term of this agreement none of the Publisher Websites on which it places Creatives shall contain or promote any Prohibited Content.
e) Ownership Rights. Except for the limited license rights expressly granted to Publisher in this Agreement, Advertising.com retains all right, title and interest in and to the Advertising.com Network, the technology utilized by Advertising.com to operate the Advertising.com Network, the Network Tags, and the Creatives, including but not limited to all patent, trademark, copyright, trade secret and all other intellectual property rights therein.
f) Publisher Responsibilities. Publisher is solely responsible, at its own expense, for procuring, maintaining and operating all hardware, software, networks, systems and third-party services (e.g., Internet access) necessary to (i) operate the Publisher Website(s), (ii) use the Network Tags, (iii) display the Creatives, and (iv) access and use the Advertising.com Network services. Advertising.com will provide reasonable assistance to implement the Network Tags. Notwithstanding the previous sentence, Publisher is solely responsible for ensuring that such hardware, software, networks, systems and third-party services are compatible with the Network Tags, and Advertising.com makes no representation or warranty regarding any such compatibility.
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Sunday, February 6, 2011
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