Advertising on Media Impact Polska Sp. z o.o. Terms and conditions

Transcription

1 Advertising on Media Impact Polska Sp. z o.o. Terms and conditions February 6, 2014

2 Table of Contents 1. Definitions General terms Ordering procedure & payments Completing orders Advertising policy Functionality of advertising creations Data collection Video Technical conditions Information concerning RASP/Onet advertising campaigns Definitions 1.1. The Publisher - Grupa Onet.pl SA, ul. Gabrieli Zapolskiej 44, Krakow, entered into the Register of Entrepreneurs kept by the District Court for Krakow Śródmieście, XI Commercial Division, under KRS number , referred to hereinafter in the Regulations as Onet or Ringier Axel Springer Polska Sp. z o.o. with its registered seat in Warsaw at ul. Domaniewska 52, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register, under KRS number referred to hereinafter in the Regulations as RASP MIP - MEDIA IMPACT POLSKA sp. z o.o. with its registered seat in Warsaw at ul. Domaniewska 52, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register, under KRS number ; the company dealing with the sale of advertising space for Onet and RASP Impression one exposure of an advertisement along with the web page (in particular the mobile page in case of an advertisement directed on a mobile device), where the advertisement is placed.

3 1.4. Ready to use advertising material as txt, jpg, gif, animated gif, flash, html, html5 or rich media files, ready to be served as advertisements. 2. General terms 2.1. Advertisements are sold according to the number of impressions (page views) or according to time. Sale according to time pertains to all the forms of ads put on The Publisher web pages permanently (advertorials, service sponsorship, special services, flat fee ad forms, etc.). In the case of ing, one impression means one sent to an OnetPoczta or RASP account All prices stated in the price list are net prices. The remuneration payable to MIP shall be increased by the VAT amount in line the applicable regulations The minimum value of a single order shall be as follows: a) PLN 5,000 net for: toplayer; brandmark, e-spot, videoad, pre roll/mid roll, and scroller; b) PLN 3,000 net for: billboard, double billboard, triple billboard, wideboard, double wideboard, skyscraper, rectangle, navibox, halfpage as well as flat fee ad forms, including sponsorship; c) PLN 1,500 net for: ing and sponsored links MIP shall be responsible only for damages caused by failure to accomplish an order or inadequate accomplishment of an order as well as caused by fault or gross negligence. A claim for damages attributable to MIP shall not exceed the amount of the remuneration payable for a given advertising campaign in line with the order The Regulations are directed only to advertisers who are entrepreneurs in the meaning of the applicable law In case of discrepancy between order and regulations which are included in this document in force are provisions in order. It refers especially to the systems intended for traffic summaries, which are mentioned in article If the customer statements made in the order and the regulations prove to be inconsistent with the real state, incomplete, or misleading for MIP, MIP is entitled to cancel the order after becoming aware of such circumstances. This right to cancel is valid for MIP within 90 days after finding out about the existence of the cause giving the right to the cancellation

4 3. Ordering procedure & payments 3.1. Orders for advertisement campaigns shall be placed in writing, via fax, e- mail or a proper form, which is available at MIP Advertisement Department. Orders must specify the number of impressions, duration of the campaign, placement and any additional conditions Starting the negotiations with regard to the implementation of the services covered by this Regulation and placement of an order by the Advertiser provides the basis for processing the personal data of the Advertiser (the data of the entrepreneur or a contact person, address, , phone, fax, etc.) for the purpose and scope related to due performance of the order The administrator of the personal data of the Advertiser is Media Impact Polska sp. z o.o. with its registered seat in Warsaw, ul. Domaniewska 22, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register, under KRS number The Client shall give his personal data in relation to the conclusion and the correct execution of the agreement by MIP, including the issuance of accounting documents. At the same time he gives his consent to data processing by MIP and a suitable Publisher for marketing purposes. The Administrator shall be entitled to process the personal data of the Client for marketing and commercial purposes of MIP, the suitable Publisher and the commercial partners of MIP. At the same time the Client agrees to receive commercial information from MIP on his own behalf or on behalf of his business partners, in terms of information about the advertising and marketing products, both the ones of MIP and the ones of its business partners The Client shall have the right to access his data, as well as the right to correct or update his personal data and the right to request to cease the processing and to remove his personal data The Advertiser is required to place an order for advertising at least 3 days before the scheduled date of placing ads on the site. The advertising order submitted after the deadline does not constitute an offer within the meaning of Art. 66 of the Civil Code Total payment for the campaign shall be made in advance to the bank account stated in the order form.

5 3.8. Only the orders confirmed in writing, by fax or by by MIP are binding. The confirmation of the order by MIP means the conclusion of an agreement on the implementation of the order by MIP A change in the advertising order, content of the ad, or change of the related advertising or promotional materials can take place not later than 3 days before the scheduled date of placing ads on the website, applying the extra charge included in the price list. The Advertiser is required to provide the publisher with a written description of each of the proposed changes, with a clear indication of their scope An advertisement campaign order may be cancelled by the Advertiser in whole or in part in line with the following principles: a) within the period of up to 30 days preceding the scheduled start of the campaign without any contractual penalties (subject to provisions of items f) and g) below); b) within the period of 29 to 15 days preceding the scheduled start of the campaign after paying the stipulated contractual penalty amounting to 15% of the fee payable for the uncompleted part of the order (subject to provisions of items f) and g) below); c) within the period of 14 to 4 days preceding the scheduled start of the campaign after paying the stipulated contractual penalty amounting to 30% of the fee payable for the uncompleted part of the order (subject to provisions of items f) and g) below); d) within the period of 3 days to 1 day preceding the scheduled start of the campaign after paying the stipulated contractual penalty amounting to 60% of the fee payable for the uncompleted part of the order (subject to provisions of items f) and g) below); e) during the campaign after paying the stipulated contractual penalty amounting to 80% of the fee payable for the uncompleted part of the order; f) in the case of orders pertaining to web sites or other customised services after paying all actual expenses incurred by MIP with relation to completion of the order up to the order cancellation date. In such a case, MIP shall submit a description of completed operations along with their cost; g) in the event of orders pertaining to advertisements published on occasional services:

6 within the period of up to 90 days preceding the scheduled start of the campaign without any contractual penalties; within the period of 89 days to 1 day preceding the scheduled start of the campaign after paying the stipulated contractual penalty amounting to 80% of the fee payable for the uncompleted part of the order. Occasional services shall mean services prepared for the following occasions: religious holidays (e.g. Christmas), secular holidays (e.g. Saint Valentine's Day), major sports events (e.g. Olympic Games, world championship), cultural events (e.g. festivals), public events (e.g. parliamentary elections) The date on which the first of all the advertisements covered with a given order is published shall be deemed the campaign start date, regardless of the number of stages the completion of the order has been divided into Orders, in whole or in part, shall be cancelled in writing in line with the abovementioned deadlines, otherwise a cancellation shall be deemed null and void. 4. Completing orders 4.1. Any ready to use advertising materials necessary for launching an advertisement campaign shall be delivered at least 3 business days before the scheduled campaign start date and in the event of advertising materials in the form of html or rich media files or other non-standard files at least 5 business days before the campaign start date for the purpose of testing such files by MIP MIP makes every effort to launch each advertisement campaign in line with the scheduled start date or with the shortest delay possible and to complete it in whole even in the case of late delivery of advertisement materials. Nevertheless, in the event an advertiser fails to deliver advertising materials on time, MIP reserves the right to refuse to complete the relevant part of the order. In such a case, MIP shall not be liable for damages due to the uncompleted part of the order and shall not be obligated to return the payment made for the uncompleted part of the order. Uncompleted part of the order shall not exceed,

7 in terms of time, the delay in delivery of relevant advertising materials. The above provision denotes particularly that a scheduled campaign start date may be postponed by not more, than the delay in delivery of the advertising materials. In the case of CPM model based campaigns, the number of impressions, which can not be completed due to a delay in delivery of advertising materials, shall be calculated in proportion to the delay as well as the campaign duration. For example: in the event of a 2-day delay in delivery of advertising materials and an advertisement campaign, which in line with the order should last 20 days, the number of impressions may be reduced by 2/20, that is by 10% During the advertisement campaign and 30 days after its completion, the advertiser shall be provided with access to a web page showing statistics regarding the number of impressions and the number of clicks (if the advertisement is clickable) The evaluation of the implementation of an advertising campaign, in particular the number of emissions of particular forms of advertising, will be based on the statistics of MIP In the event a campaign was not fully completed within the ordered period of time due to reasons beyond MIP control, its duration shall be extended accordingly or the advertiser shall have the right to use the remaining number of impressions in the next order. The above provision shall not apply to advertisement campaigns, which were not fully completed due to the reasons referred to in item Any complaints regarding effectuation of an ad campaign, in particular the conformity of its effectuation, including the number of impressed ad forms or the way they were published, may be presented by a client within the deadline of 14 days from the scheduled emission end date for a given campaign or its part specified in the order. After the said deadline a complaint shall not be accepted, and the campaign shall be deemed properly effectuated, in line with the placed order or completed agreement.

8 5. Advertising policy 5.1. The responsibility for the content of ads shall be borne by the advertiser. In the event when as a result of placement of the ad, MIP suffers any damage related to the violation of the law by posting a particular ad or to satisfying the legitimate claims of those whose rights have been violated as a result of placing the ad (including, in particular material copyrights, related rights, industrial property rights or personal rights), the advertiser will be required to redress such a damage entirely, without excluding reimbursement for legal proceedings, the lawyers' fees and other reasonable expenses incurred by the publisher in connection with the satisfaction of claims of third parties The advertiser declares that he has the appropriate rights, in particular copyrights or licenses to use the advertising materials ordered for emissions, and information, data, fragments of songs, images, trademarks, or decorative patterns or other elements protected by copyright law as advertising materials in the ordered campaign The advertiser declares that the advertising campaign that he orders is in accordance with the applicable law and does not infringe copyrights or other rights, or the rights of third parties, or the decency, as well as it does not require any additional approvals or authorizations of third parties, and does not constitute an act of unfair competition MIP reserves the right to refuse to place ads and to suspend the emission of ads on the Publisher s site, if: It could negatively affect the character or style of a given service it could negatively affect the image or reputation of the Publisher they are against the law they infringe the rights of third parties, or for which there is a reasonable risk of such non-compliance or violation the content or form of advertising is considered annoying or harmful to users the content is contrary to the line or the interests of the Publisher 5.5. Advertisements shall not imitate nor simulate any elements of the web pages they are exposed on and should be easily recognised as advertisements. Exceptions to the above provision are admissible; yet, they shall require

9 publisher s consent on each occasion. MIP reserves the right to additionally mark advertisements with such words as: reklama ( advertisement ), ogłoszenie płatne ( paid announcement ), sponsor, link sponsorowany ( sponsored link ) or by their synonyms in the following fashion: a) advertising announcements shall be labelled REKLAMA ; b) REKLAMA label shall be typed with Verdana typeface, capital letters, 9 px, hex grey; c) REKLAMA label shall be placed above the advertising element; d) REKLAMA label shall not be required in the case of: banner, billboard, double billboard and similar elements displayed at the top of a web page above the editorial information, elements displayed above the web page content (does not apply to advertisement elements, which remain visible once the main ad has been closed); permanent web page sponsorship elements (does not apply to occasional banners or additional elements resulting from a sponsorship contract); e) other elements enabling identification of business partners or advertisers shall always require using such labels as Przy współpracy z ( In cooperation with... ), Partner serwisu ( Service partner ), Sponsor serwisu/konkursu ( Service/competition sponsor ), etc An advertisement shall not include surveys and shall not encourage web page users to participate in a survey. Exceptions to the above mentioned principle are possible, yet MIP consent shall be required on each occasion and shall be obtained before campaign launch date. 6. Functionality of advertising creations 6.1. Is shall be prohibited to use operational elements in advertisements, if their function, resulting from the form, an inscription or a convention, is inconsistent with the advertisement message or works in an unusual manner. In particular: a) it shall be prohibited to use in advertisements basic system content buttons such as: "Zamknij" ( Close ), OK. as well as minimise and close icons causing an effect different from the one expected based on their typical function;

10 b) buttons used in advertisements shall perform the functions consistent with the messages presented by the buttons, e.g. buttons imitating form, scroll down list or selection box functions shall not redirect to an advertiser s web page or perform another function, which is inconsistent with their basic one; c) it shall be prohibited to publish advertisements in the form of system messages or warnings as well as in the form imitating elements of the portal web site Animation may be freely used in graphic advertisements in line with the following terms and conditions: a) the maximum dimensional standards applicable in the case of a given advertisement form shall not be exceeded; b) flat fee ad forms (sponsorship, partners, buttons/graphic elements integrated into the web site navigation elements, etc.) should not include automatically initiated animations Sound in advertisements: a) sound shall not be played automatically (except for pre roll/mid roll); b) sound playback shall require a triggering action performed by the user ( mouse rollover or clicking the ad); in the case of expandable ads, it shall be admissible to play back the sound once the user has performed the action triggering expanding of the ad (mouse rollover or clicking on the ad); sound should be automatically turned down once the ad has been closed. c) sound advertisements shall include legible icons enabling the user to switch the sound on and off (MIP provides advertisers with sound creation templates including legible icons for switching the sound on and off) Sponsorship Sponsored services and web pages shall remain The Publisher web sites/pages. Regardless of the visual identification of the sponsor, it shall be required to observe user experience principles of the service and the portal. Publishing sponsorship advertisements on the portal web pages shall be subject to the following principles: a) the general shape and design of permanent service elements (layout) shall be preserved; b) sponsorship shall not affect service operation or architecture; c) changes to the service functionality and architecture shall be admissible without consent of the sponsor during the sponsorship period, in the event

11 such changes do not affect the manner, in which the sponsor's brand is presented; d) the main background may be changed, provided that the colour is not excessively tiresome and provided that the service legibility is not adversely affected; e) watermarks/wallpapers deemed part of the sponsorship shall be admissible only outside of the service content area. 7. Data collection 7.1. Interaction tracking scripts are forbidden Advertisement cannot read or change cookie files Advertiser can collect data during campaign, but it is necessary to inform MIP what kind of data will be collected, what is the purpose and which advertiser s partners will have access to data. On the basis of this information MIP gives consent to collecting data Based on above mentioned information, MIP consent for acqusition and usage of data about users. The Advertiser warrants that any data obtained in connection with campaign delivery on publisher websites, will not be used for any purposes, other than that for which they were collected. Data gathered by the advertiser may not be used for campaign retargetting or to identify users in other advertiser s campaigns, without MIP permission. 8. Video Information concerning video campaings on ROS Video and VOD: pre-roll is also displayed on mobile devices, like smartphone, tablet and smart TV. pre-roll is non-clickable in case of mobile devices. it is possible to exclude mobile devices from campaign, after written notification. 9. Technical conditions 9.1. All the advertisements to be published on The Publisher web pages should meet the requirements stipulated in the rules as well as the technical

12 specification requirements applicable to the advertisements published on Onet or RASP. MIP shall have the right to verify an advertisement in terms of its conformity with the abovementioned specification and shall have the right to refuse to publish it or to discontinue its publishing, in the event the applicable requirements are not met. Even if an ad is published on The Publisher web pages, it does not necessarily mean that MIP has confirmed its conformity with the applicable advertising specification Note: a complete technical specification of all ad products together with guidelines for creating advertisements is available in a separate document titled Advertising on Onet.pl technical specification. In special cases, please contact the advertising office of MIP. 10. Information concerning RASP/Onet advertising campaigns In the case of the contracts offered in the RASP / Onet packages this Regulation is applicable with campaigns impressed on Onet advertising inventory. If the campaign is impressed on Ringier Axel Springer Polska advertising inventory (www, press) equivalent RASP Regulations are applicable. These documents are available on the following webpage: Onet advertising services In the case of ordering, given Onet advertising services, which are obliged by different regulations published on website, aside this document, different above mentioned Onet services regulations will be applied. These regulations will take precedence over this document.