Terms & Conditions - Advertisers
AdAdapted provides integrated ad and ad-tracking services to Clients, who may be Publishers or Advertisers. The AdAdapted platform gives independent app publishers easy-to-use technology for serving customized native ads and a straightforward digital marketplace that connects their apps with advertisers. At the same time AdAdapted provides a simple and efficient interface for those advertisers to find the right audience, and to streamline their efforts across multiple mid-tier apps. By solving the pain points of both the publishers and advertisers, AdAdapted also enhances the user experience by replacing disruptive banner ads.
Work Orders. Subject to the terms of a separate statement of work (“SOW”), the Client shall be solely responsible for all aspects of the development of its original creative content and documentation related to targeting parameters (the “Deliverables”) for use with the Services.
AdAdapted makes no representation or guarantee of the number of clicks, shares, views or other engagements related to Deliverables used within the Services. Clients acknowledge and agree that estimates of “Impressions” (defined as an ad that is fetched from its source and viewable by an end user) delivered through the Services, may not be accurate due to third-party fraud, technological issues or other potentially invalid activity that may affect the Impressions count, and Clients shall not hold AdAdapted responsible for such inaccuracies.
In the event the Services do not deliver the number of Impressions estimated in the SOW, Clients’ remedies shall be limited to (i) an extension of the promotion period; (ii) an increase in the bid and/or budget at Clients’ expense; (iii) substitution of the Deliverables for the remainder of the promotion period, upon approval of AdAdapted; and/or (iv) an adjustment to the targeting parameters. In no event shall AdAdapted be responsible for failure to meet the Impressions estimate.
Client acknowledges and agrees that it is solely responsible for protecting the privacy of its end users, advertising partners or other third-party beneficiaries of the Services. Additionally, Client acknowledges and agrees that it is responsible for damages related to errors, omissions and inaccuracies in the Deliverables that appear in the Services.
Payments. By creating an account, Clients authorize AdAdapted to check the Client’s credit report. Client agrees to provide any further financial information and documentation that AdAdapted may require with respect to that inquiry. AdAdapted’s continued extension of any credit to a Client is expressly conditioned on the Client’s timely provision of all such requested information to AdAdapted. Clients will pay fees to AdAdapted based on impressions, and AdAdapted will provide reports of impressions, as further detailed in the SOW. Invoices are due and payable within 30 days from receipt. AdAdapted may suspend or terminate a Client’s use of the Site or Service if the Client fails to pay within 90 days from receipt. It may also charge the Client for all costs of collection, including but not limited to attorney’s fees.
No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AdAdapted as a result of this agreement or use of this Site and/or the Services. AdAdapted’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AdAdapted’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site and/or the Services or information provided to or gathered by AdAdapted with respect to such use.
Confidential Information. Client and AdAdapted each agree that with respect to any Confidential Information (as defined below) that is disclosed by one party to the other in connection with these Terms, the party receiving such Confidential Information shall not disclose such Confidential Information to any third party, or use it for any purpose, except in connection with its rights and obligations under these Terms. “Confidential Information” means all information concerning a party or any of its subsidiaries or affiliates that is not generally known to the public, which information is marked confidential or proprietary, or which should be treated as confidential or proprietary under the circumstances.
Notwithstanding the foregoing, Confidential Information does not include information that: (i) is, as of the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party; (ii) was lawfully in the possession of the receiving party as of the time of disclosure; (iii) is independently developed by the receiving party without reference to the Confidential Information; or (iv) is subsequently obtained from a third party not subject to an obligation of confidentiality with respect to the information disclosed.
Confidential Information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. Confidential Information shall not be released by the receiving party to anyone except an employee or agent, who has a need to know same, and who is bound by confidentiality obligations at least as restrictive as these contained herein. Neither party will use any portion of Confidential Information provided by the other party hereunder for any purpose other than as expressly set forth under these Terms. Notwithstanding the foregoing, either party may disclose Confidential Information strictly necessary to comply with the demands of any court order, law or governmental agency.
No Assignment. These Terms, the SOW, and a Client’s use of the Services may not be assigned by either one of the parties by operation of law or otherwise, without the prior written consent of the other party, which consent will not be unreasonably withheld. Such consent is not required in connection with the assignment pursuant to a merger, acquisition or sale of all or substantially all of the assigning party’s assets.
Force Majeure. Notwithstanding any provision contained in these Terms or the incorporated documents, neither party will be liable to the other to the extent fulfillment or performance of any terms or provisions of the Terms or SOW is delayed or prevented by revolution or other civil disorders; wars; strikes; labor disputes; electrical equipment or availability failure; fires; floods; acts of God; government action; or, without limiting the foregoing, any other causes not within its control and which, by the exercise of reasonable diligence, it is unable to prevent. This clause will not apply to the payment of any sums due under these Terms or SOW by either party to the other.
Compliance with Laws. Each party will be responsible for compliance with all applicable laws and government regulations in the process of marketing, delivering and/or using the Services.
Press Releases. AdAdapted may use Client’s name and logo in AdAdapted’s marketing program including use on AdAdapted’s Site, marketing literature, and in press releases.
Changes to Terms
We may update these Terms from time-to-time. If we make any revisions to these Terms & Conditions, we will revise the “Last Updated” date below. The most current version of the Terms will supersede all previous versions. AdAdapted encourages you to periodically review the Terms to stay informed of our updates.
How to Contact Us
For inquiries about these Terms or to make a request or file a complaint, please contact us at the information below:
AdAdapted Privacy Office
206 East Huron Street, Suite #101
Ann Arbor, MI 48104
Last Updated: 04/12/2021