General. These Advertiser Terms and Conditions (“Advertiser Terms“), along with the Terms to which they’re attached, the IAB Terms (as defined below), and the IO entered between the parties govern your use of Jeeng’s services as an “Advertiser“. All undefined capitalized terms shall have the meanings ascribed to such terms in the Terms.
IAB Standard Terms. The terms of the IAB-V3 General Terms, available at http://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf, as modified herein, (“IAB Terms“) are incorporated herein by reference. For the purposes hereof, the term “Media Company” in the IAB Terms shall mean Jeeng and the terms “Advertiser” or “Agency” shall mean you.
Precedence of Documents. In the event of any inconsistency between the Terms, these Advertiser Terms, the IAB Terms, and the IO entered between the parties, the documents shall have the following order of preference: (1) the IO; (2) these Advertiser Terms; (3) the Terms; and (4) the IAB Terms.
Modifications to IAB Terms:
Payments. Section III (b) and (c) of the IAB Terms will not apply. Agency is solely responsible for all payment obligations owed pursuant to this Annex 4 and any IO, regardless of whether Agency has received payment from any Advertiser or other parties. Unless otherwise agreed upon in writing between the parties, Agency shall provide credit card details to Media Company to be charged by Media Company based on the credit limit it applies to the Agency, as determined by Media Company at its sole discretion. To the extent Media Company approves in writing a Net30 credit line for Agency, Agency shall remit payment for invoices within thirty (30) days of the invoice date. Undisputed overdue payments will accrue interest at the lesser rate of eighteen (18%) percent per annum or the maximum rate permitted by applicable law, calculated from the date upon which the invoice is due, compounded monthly.Each party is solely and separately responsible for its own taxes, levies and duties.
Reporting. Section IV of the IAB Terms shall not apply. Reporting for the purpose of billing and delivery are based on based on the tracking information in Jeeng’s internal system. The parties hereby agree that such information shall be considered accurate and final. In the event of any dispute, the parties agree to attempt to resolve any issues in good faith.
Indemnification. Section X(a) of the IAB Terms (Indemnification by Media Company) shall not apply. Jeeng’s indemnification obligations, to the extent it has any, shall be solely as set forth in the Terms.
Governing Law. Any disputes arising under this Annex, any IOs and/or the IAB Terms will be governed by the dispute resolutions in the Terms, including jurisdiction and governing law.
Ad Serving. Except as otherwise provided herein or in an IO, the timing, positioning, display and distribution of any Ad(s) or Advertising Materials with regards to any IO executed between the parties shall be at the sole discretion of Media Company. Nothing herein shall obligate Media Company to accept or promote any Ad(s) or Advertising Materials.
Advertising Materials. Ads and Advertising Materials shall be considered User Content (as defined in the Terms). In addition, and without derogating from any representations or restrictions relating to User Content as set forth in the Terms, Advertiser represents that (a) it shall fulfill all commitments made in any campaign; and (b) Ads shall not target individuals under the age of eighteen (18) and/or offer products or services that are illegal for minors to buy, possess or participate in.
Pauses and Cancellation. To the extent the campaign is cancelled or paused, for any reason, any Ad or Advertising Material sent by Jeeng prior to such date shall be considered served and subject to payment of CPC Rate even if “clicked” after the date of cancellation or pause.