We are making some changes to our Advertiser Terms & Conditions which come in effect from the 8th September 2017.
Most of the changes are being made to better reflect our current processes. Most of these changes won’t really come as a surprise to existing Advertisers, they just clear up in the terms how we operate in terms of account support, rejection policies, agency relationships etc.
You can see the new terms (version 3) linked here.
To avoid re-reading all our Advertiser Terms, we have summarised the changes to the terms below.
If you have any questions about any of these changes, don’t hesitate to contact our team to discuss these before they come into effect on the 8th September.
4. Services Generally
4.2 The Advertiser:
4.2.2 [Modified] – shall promptly provide the Company with such information and documents as it may reasonably request for the proper performance of the Services and that the information provided is accurate in all material respects;
shall obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.
5.4 The Advertiser warrants that the Advertisements:
5.4.3 [Modified] – comply with all Applicable Laws (including but not limited to the Committee of Advertising Practice Advertising Codes);
6.2 [Modified] – If the Advertiser objects to the validity of any individual Lead or other Event, it must notify the Company in Writing by no later than the 7th day of the month following the month in which the individual Lead or other Event was supplied by the Company or took place. When making such a report, the Advertiser must provide sufficient information in order to enable the Company to determine the precise Lead or Event referred to, and such information should include, but not necessarily be limited to:
the Transaction ID or Advertiser Sub ID,
the date and time of the Lead or Event;
the reason for the Lead or Event being rejected (together the “Rejection Notification”).
If the Advertiser does not provide the Rejection Notification, then it irrevocably waives any objection to the validity of the individual Lead or Event. If the Advertiser does give such notification, then the Company will consider the objection and respond within a reasonable period. The Company’s decision shall be final. For the avoidance of doubt, an invalid individual Lead or other Event shall not lead to the waiving of all fees relating to that Affiliate or any group of Leads / Events. Each Lead and / or Event shall be considered on an individual basis.
7.1 [Modified] – The Company will provide “Account Manager Support” which includes support such as the management of campaigns on the platform, the uploading of creatives and the management of tracking at no additional cost. The Company has no responsibility to provide any other form of support. The Company may in its discretion decide to provide support and, if so, it is entitled to make such support conditional upon payment of its standard fees for such services. The Company will not incur any such fees without first seeking authorisation to do so from the Advertiser.
9.5 In the event of termination of this agreement:
9.5.1 [New] – the Advertiser shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately upon receipt;
13. [New – Replaced ‘Restriction’ term] Non-circumvention
13.1 – The Advertiser acknowledges that the Company has proprietary relationships with websites and other traffic sources who are registered on the Company’s Affiliate Network and on or through which Advertisements have been displayed prior to and / or during the period of this agreement (the “Protected Parties”) and that the Company wishes to protect those relationships. The Advertiser shall not therefore seek to circumvent the Company’s relationship with the Protected Parties. Except with the Company’s prior consent in Writing, the Advertiser shall not (other than in accordance with this agreement) during the period of this agreement or for 6 months thereafter, directly or indirectly place any form of advertising with the Protected Parties .
19. [New] – Agency.
19.1 If an agency (“Agency”) signs this Agreement on behalf of the Advertiser, it does so as the Advertiser’s agent, and the Advertiser and Agency will be jointly and severally liable for all of the Advertiser’s obligations hereunder. The Agency represents that it has full authority to act on the Advertiser’s behalf, including but not limited to agreeing to and binding Advertiser to the indemnification provisions set out in Clause 12, provided, however, that nothing herein will release the Advertiser from any obligation or liability hereunder, and the Company may look to both the Advertiser and Agency for performance of all obligations under this Agreement.