In Webintro LLC© IO's and contracts, these terms shall have the following meaning: (a) "CPM" - cost-per-thousand impressions. Payment is based on the number of impressions delivered by the reporting source used by Webintro LLC©, which is a division of Online Media Solutions, Ltd. (the "Company"), except if indicated otherwise in the IO; (b) "CPC" - cost-per-click. Payment is based on the number of clicks delivered by the reporting source used by Webintro LLC©, except if indicated otherwise in the IO; (c) "CPA" - cost per acquisition. Payment is based on actual acquisitions made by viewers of the Campaign (as defined below) as reported in the reporting source used by Webintro LLC©, except if indicated otherwise in the IO; and (d) "CPV" - cost per view. Payment is based on actual views of the Campaign as reported in the reporting source used by Webintro LLC©, except if indicated otherwise in the IO.
Subject to (i) the details provided herein by the advertiser (the "Client"), and (ii) to the terms and conditions of this IO, the Company shall provide online advertisement services (the "Campaign") to the Client. If not indicated otherwise in this IO, payment for the Campaign shall be made on a CPM basis, based on the pertinent data generated by the Company. The Parties may execute, from time to time, additional IO's (the "Additional IO"s) for different Campaigns, all of which are subject to the terms and conditions of this IO. Notwithstanding the foregoing, the Company reserves the right to reject any Campaign for any reason. The Company does not guaranty the effectiveness of the Campaign
Cancellations and Amendments
Without limiting any of the remedies available to the Company pursuant to this IO and pursuant to
any law or regulation, the Company may terminate the Campaign in any of the following events: (i) the duration for the Campaign set forth in this IO or in the Additional IO, has elapsed; (ii) a notice of termination has been executed by the Client and delivered to the Company; or (iii) the Client has breached any of the obligations, representations and/or warranties set forth in this IO. Any additions
and/or amendments to a Campaign shall be submitted to the Company not less than 2 business days notice prior to the launch of such new Campaign and shall be subject to the Company's prior written confirmation.
Payment for the relevant portion of the Campaign is due within 30 days from the end of each calendar month (or part thereof) in which the Campaign has been run. The Company reserves the right to demand that payment shall be made in advance. All prepayments will be credited against Client's debt to the Company. Any outstanding amount shall bear interest at the rate of 1.5% per month from the invoice due date until fully paid.
Billing & Reporting
In respect of Client based reporting Campaigns: the Client has up to the 7th of each calendar month to forward media performance data in respect of the previous month to the Company. If the Client fails to provide such data within this period, the Company reserves the right to invoice the Client based upon its own media performance data.
If the Client does not dispute the accuracy of the media performance within 7 days from the end of the month, such data will be deemed as approved by the Client.
Client shall retain all right, title and interest in and to any multimedia images, graphics, text, data or other objects originated by, or transmitted from Client to the Company (the "Client's Content"). During the Campaign, Client grants the Company a limited nonexclusive license to use the Client's Content for the purpose of running the Campaign. The Company shall own all right, title and interest in and to any content, design or software provided by the Company. This IO does not transfer or convey any right, title or interest in any software provided by the Company or any associated intellectual property rights. Furthermore, Client does not retain any right, title and interest in and to any created ads, multimedia images, graphics, text, data or other objects created or originated by the Company and transmitted to the Client (the "Company's Content"), and may not use the Company's Content for any other purpose other than for the purpose of the Campaign.
Representations and Warranties
Client warrants and represents to the Company that Client: (i) is duly organized and validly existing
under the laws of its state of incorporation (ii) owns all right, title, and interest in the Client's business, and Client's Content as necessary in order to run the Campaign contemplated by this IO; (iii) has full power and authority to execute this IO and to perform its obligations hereunder and (iv) will not provide to the Company material for the Campaign that (a) infringes any copyright, trade secret,
or other intellectual property right of any third party, or (b) contains any libelous, defamatory, or obscene material, or otherwise violates any laws or regulations relating to the Campaign.
Indemnification and Disclaimer of Warranties
Client shall defend, indemnify, and hold the Company harmless from and against any suit, proceeding, assertion, damage, cost, liability, and/or expense (including court costs and reasonable attorneys' fees), incurred as a result of a claim by a customer or a third party against the Company and/or its affiliates, licensors, suppliers, officers, directors, employees and/or agents arising from, associated with or connected with the Campaign, Client's misuse of the Campaign or Client's breach of any of its representations and/or warranties set forth in this IO, including a claim that the Client's Content infringes intellectual property rights, copyrights, trademarks, designs and/or patents of a third party. Client shall bear sole responsibility and liability for the content of the Campaign and for any damages, direct or indirect, arising from, or associated with, or connected to, the exposure, use or other reference to the Campaign. Client hereby waives any right to request compensation of any kind or nature from the Company with respect to any claim raised by customers or other third parties against the Company in connection with the Campaign
Client may not, without the prior written consent of the Company, assign this IO, in whole or in part. The IO is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity. If Client is located in Israel, this IO shall be interpreted according to the laws of the State of Israel without regard to or application of conflict-of-law rules or principles. Any dispute relating to or arising from this IO shall be settled in the sole jurisdiction of the applicable courts of Tel Aviv. If Client is located in Europe, this IO shall be interpreted according to the laws of England without regard to or application of conflict-of-law rules or principles. Any dispute relating to or arising from this IO shall be settled in the sole jurisdiction of the applicable courts in London. If
Client is located in any other country other than Europe or Israel, this IO shall be interpreted according to the laws of the State of New York without regard to or application of conflict-of-law rules or principles. Any dispute relating to or arising from this IO shall be settled in the sole jurisdiction of the applicable courts in the borough of Manhattan in New York City. This IO shall constitute the entire agreement between the Company and Client with respect to the subject matter hereof and all prior agreements, representations, and statements with respect to such subject matter are superseded hereby. This IO may be amended only by written agreement signed by both parties. No failure of either party to exercise or enforce any rights under the IO shall act as a waiver of subsequent breaches. In the event any provision of the IO is for any reason held invalid, illegal or unenforceable, the parties will begin negotiations for a replacement provision and the remaining provisions of the IO will be unimpaired. If either Party is prevented from performing any of its obligations under the IO due to any cause beyond the party's reasonable control, including, without limitations, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "Force Majeure Event") the time for that Party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that Client will not be excused from the payment of any sums of money owed by Client to the Company; and provided further, however, that if a Party suffering a Force Majeure Event is unable to cure that event within thirty (30) days, the other party may terminate this IO with immediate effect. This IO shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting the IO in construing or interpreting the provisions hereof.
If you have questions or concerns regarding Webintro LLC©'s Terms and Conditions, please contact us at: firstname.lastname@example.org
Internet User / Consumer Information
Webintro LLC© uses one or more third party ad serving technology to serve ads at this site and at our clients' sites. In the course of delivering an ad to you, the third party ad serving party may place or recognize a unique cookie on your browser and use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide
advertisements about goods and services that may be of interest to you.
Industry Efforts to Protect Consumer Privacy
Webintro LLC© is committed to protecting the privacy of Internet users. Accordingly, we strictly adhere to all industry guidelines. We recommend that you periodically review this Privacy Statement, as Webintro LLC© may update it from time to time.
If you have questions or concerns regarding this Privacy Statement,
please contact us at: email@example.com