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Insertion Order Terms of Service

Last updated: September 26th, 2024

DEFINITIONS

  • ad:personam: Refers to this application (app.adpersonam.io), including its subdomains and any other application and website (www.adpersonam.io) through which the Owner makes its Service available.
  • Advertiser: Means the advertiser for which the User is the agent under an applicable Insertion Order.
  • Creative or Ad: Means any advertisement uploaded by the User on the application.
  • Creative Assets: Means artwork, copy, or active URLs for Creatives.
  • Sites: Websites that may be targeted on an Insertion Order that are not owned, operated, or controlled by ad:personam, but on which ad:personam has a contractual right to serve Ads.
  • Insertion Order: A mutually agreed booking that incorporates these Terms, including the settings and requirements as set up by the User and/or Advertiser on the application, under which ad:personam will invoice the User and/or Advertiser for the prepayment of the booked Insertion Order.
  • CPM (Cost per thousand impressions): The buying method under which ad:personam will dynamically place bids to buy inventory.
  • Budget (€): The total media cost booked for the Insertion Order.
  • Policies: Means advertising criteria or specifications made conspicuously available, including content limitations, technical specifications, privacy policies, user experience policies, community standards regarding obscenity or indecency, and other editorial or advertising policies.
  • Third Party Ad Server: Means a Third Party that will serve and/or track Ads.

I. INSERTION ORDER TARGETING AVAILABILITY

a. Insertion Order Details

From time to time, ad:personam may execute an Insertion Order created by the User and/or Advertiser that will be accepted as set forth in Section I(b). Each Insertion Order created will have specified:

  • The Product or Service that is the name and ID of the Insertion Order.
  • The Start and End date of the Insertion Order.
  • The Total that is the Budget in euro of the Insertion Order as inserted by the User on the application.
  • Other items that may include targeting requirements, special Ad delivery scheduling, and specifications concerning Policies and Service Level Agreements.

b. Availability; Acceptance

ad:personam will make commercially reasonable efforts to notify the User within two (2) business days if a specified targeting option is not available. Acceptance of the IO and these Terms will be deemed the confirmation of the User by ticking the checkbox “I’ve read and agree with the Insertion Order Terms of Service”, clicking “Confirm”, and subsequent payment of the Insertion Order.

c. Revisions

Revisions to accepted Insertion Orders will be made in writing and acknowledged by the other party in writing (which, unless otherwise specified, will include paper, fax, or e-mail communication).

II. INSERTION ORDER TARGETING REQUIREMENTS

a. Compliance with the Insertion Order Requirements

ad:personam will comply with the Insertion Order requirements, including all the targeting requirements. Any exceptions will be approved by the User and/or Advertiser in writing.

b. Changes to Targeting Requirements

ad:personam will use commercially reasonable efforts to provide the User at least 10 business days prior notification of any material changes that would materially change the target audience or affect the impressions delivered of the Insertion Order.

c. Technical Specifications

ad:personam will make electronically accessible to the User and/or Advertiser the technical specifications required to upload the Creatives and pass audit. Changes to already-uploaded Creatives may allow the User to suspend delivery for a reasonable time.

d. Editorial Guidelines

ad:personam acknowledges that certain Advertisers or users may not want their Ads placed adjacent to content that promotes pornography, violence, or contains obscene language. ad:personam will use commercially reasonable efforts to comply with these requirements by applying a Blocklist of sites deemed inappropriate.

III. PAYMENT AND START DATE

a. Payment

Upon creating an Insertion Order and accepting these Terms, the User and/or Advertiser will be redirected to the checkout page where they will proceed to pay the Budget (€) amount selected.

b. Start Date

Upon receipt of payment, the Insertion Order will be activated, and the Creatives will be submitted to audit. The campaign will start as soon as the first creative is audited and no later than 24 hours after activation.

c. Receipts

Receipts will be sent by ad:personam upon payment of the Insertion Order to the User and/or Advertiser’s email address and will include relevant information.

IV. REPORTING

a. Confirmation of Campaign Initiation

ad:personam will provide confirmation to the User and/or Advertiser within two (2) business days of the start date on the Insertion Order.

b. Reporting

Reporting will be made available on the application via a Google Data Studio Dashboard the day after the first day of delivery.

c. Makegoods for Reporting Failure

If ad:personam fails to deliver an accurate report, the User and/or Advertiser may initiate makegood discussions.

V. CANCELLATION AND TERMINATION

a. Without Cause

The User and/or Advertiser may cancel the Insertion Order with (1) day's prior written notice to ad:personam, without penalty.

b. For Cause

Either party may terminate the Insertion Order if the other party is in material breach and does not cure within 10 days of notice.

VI. MAKEGOODS

a. Notification of Under-delivery

ad:personam will monitor delivery of the Ads and notify the User if under-delivery is likely.

b. Makegood Procedure

If booked impressions fall below guaranteed levels, the User may execute a credit for the under-delivered portion.

VII. FORCE MAJEURE

a. Generally

Neither party will be liable for delays caused by conditions beyond reasonable control, including acts of God.

b. Related to Payment

If a User's ability to transfer funds is impacted, any payment delays will be excused for the duration of the condition.

VIII. CREATIVE ASSETS

a. Submission

The User and/or Advertiser will upload Creatives pursuant to Section II(c) in accordance with ad:personam’s existing Creative Guidelines and Policies.

b. Late Auditing

If Advertising Materials are audited late based on the Policies, ad:personam is not required to guarantee full delivery.

IX. THIRD PARTY AD SERVING AND TRACKING

a. Ad Serving and Tracking

ad:personam will track delivery through its ad server and Third-Party Pixels added by the User and/or Advertiser.

b. Controlling Measurement

The measurement used for impressions will be determined by certified compliant ad servers.

X. INSERTION ORDER DATA

a. Storage

ad:personam collects and stores insertion order reporting data to measure performance and provide reporting to users. We utilize Google BigQuery for data storage.

b. User Options for Data Export or Deletion

Users may request the export or deletion of their insertion order reporting data by contacting info@adpersonam.io.

For more details on ad:personam’s Insertion Order Terms, please visit our General Terms & Conditions.

Reference to General Terms & Conditions

This document is incorporated by reference into the General Terms & Conditions of adpersonam.io that can be found here. The General Terms & Conditions cover the following chapters applicable to this document and ad:personam applications and website in general:

  • LIABILITY AND INDEMNIFICATION for EU, Australian and US Users
  • COMMON PROVISIONS
  • DISPUTE RESOLUTION
  • PRIVACY POLICY

ad:personam GmbH
Sitz der Gesellschaft: Hamburg
Registergericht: Amtsgericht Hamburg, HRB 167513
Geschäftsführer Ciro Scognamiglio
USt-ID-Nr: DE340890938