These Publisher Terms of Service are entered into between Total Media Ltd., (“Total Media”) and the party (“Publisher”) employing Total Media’s services.
Publisher Responsibilities – General
Publisher may employ ad tags only for the Ad Placements for which they were issued. If Publisher intends to use the Services for multiple Ad Placements, whether on different websites, different sections on one website, or within the same page on one website, Publisher must request and employ separate ad tags for each Ad Placement. Publisher is solely responsible for the correct insertion of each issued ad tag.
Publisher is solely responsible for the language, customization, and accuracy of Publisher’s website content in which Ad Placements appear, and for all materials and content related to the delivery of Impressions to Ad Placements including, but not limited to: (a) the creation of Ad Placement descriptions and logos; (b) the placement of ad tags into the relevant Ad Placements; (c) the acceptance or rejection of ads submitted to Publisher’s Ad Placements; (d) the accuracy and appropriateness of materials Publisher posts on Publisher’s Site(s); (e) ensuring that content published on Publisher’s website(s) does not violate or infringe upon the rights of any third party; and are not, in Total Media’s sole discretion, defamatory, obscene, threatening, libelous, abusive, hateful, or illegal.
Publisher will not engage in any fraudulent or unethical activities, including without limitation (a) sending unsolicited e-mail (“spam”) to attract users to any ad, Ad Placement, or page on which an Ad Placement resides, (b) indirect traffic or “link laundering”, (c) driving traffic from incentivized advertising, (d) payment of users or bloggers to visit pages, and (e) the usage of “bots” to create traffic or clicks or otherwise commit click fraud.
Publisher shall protect any passwords or similar account security measures and take full responsibility for Publisher’s own, and third party, (i) use of (ii) changes to and (iii) errors or omissions associated with Publisher Ad Placements and account data.
Publisher shall maintain an ads.txt file on any domains they monetize with Total Media listing the valid supply paths for their programmatic inventory, including Total Media and other partners they use. Publisher shall use commercially reasonable efforts to assure that only known valid supply path partners are listed in their ads.txt file. Ads.txt file shall comply with the then-current ads.txt standard, as may be amended from time to time by the IAB tech lab as posted here.
Licenses and Data Use.
Publisher shall own and retain all right, title, and interest in and to: (a) any data or information derived by Publisher’s use of the Services (collectively, “Derived Data”) and (b) any data or information transmitted by Publisher to Total Media in connection with its use of the Services (collectively, “Publisher-Provided Data”), provided, however, that Publisher hereby grants to Total Media a worldwide, royalty-free, non-exclusive license to use the Derived Data and Publisher-Provided Data for the purposes of fulfilling its obligations hereunder and for other legitimate Total Media purposes. In addition, Total Media may retain and use for its own purposes any Publisher Provided-Data that Total Media aggregates (i.e., renders in a form such that no Publisher Provided-Data is attributable to a specific Publisher), and share such information about Publishers with advertisers and business partners, including syndication partners, sponsors, and other third parties.
All Advertisements submitted to the Services by an advertiser including, without limitation, all intellectual property rights in the same, shall remain the advertiser’s sole and exclusive property. Publisher is granted a non-exclusive, limited, revocable right to use the trademarks, banners, links, images and other material (“Material”) provided by Total Media and its advertisers to Publisher. Publisher may not modify the Material in any way without the prior express written consent of Total Media or such advertisers. Without limiting any other provision of these Terms or the Agreement, Publisher agrees that failure to strictly abide by the terms of this paragraph shall result in significant damages to Total Media or such advertisers and Publisher agrees to fully compensate Total Media or such advertisers for any such damages.
Publisher represents and warrants that all Publisher Data made available to Total Media through the Service is in compliance with all applicable laws, rules, regulations, mobile and social media platform rules and policies, and the United States Digital Advertising Alliance (“DAA”) Self-Regulatory Principles published at www.aboutads.info (“DAA Self-Regulatory Principles”) including the corresponding DAA-designated self-regulatory frameworks established in other countries and/or regions. For avoidance of doubt, applicable laws will include the EU Directive on Privacy and Electronic Communications (2002/58/EC), any national laws implementing such Directives and/or, when applicable, the Regulation (EU) 2016/679 (“GDPR”), and any legislation or regulation amending, supplementing or any of the foregoing from time to time (for any Publisher Site providing content to readers within the European Economic Area).
Requirements of GDPR Effective May 2018.
Notice and Choice Requirements for European Union Residents.
Effective no later than May 2018, where Personal Data (as that term is defined under the General Data Protection Regulation (‘GDPR”)) is collected from residents of European Union States, for purposes described in this Agreement, Publisher must, on each Publisher Property: