3.2.1. Client Support is provided on-line and/or telephone for the Adform Platform related inquiries. Support is provided in the English language and the contacts can be found on http://site.adform.com/support/client-support/.
3.2.2. Consultancy and Training Services offer the Client bespoke consultancy and training services in order to accommodate client-specific requests. These Services may include e.g., strategic consultancy, bespoke technical solutions, managed by dedicated resources. Training Services exclude Adform’s online training portal related to how its platform functions.
3.2.3. Creative Production Services allow the Client to use design and concept, custom production of HTML5 cross-device advertising units, programmatic rich media solutions and/or other similar Adform supported features compatible with Adform’s technology. Special defined terms apply to these Services:1
(i) Ordering Creative Production. Creative Production Services are delivered to the Client under a separate order submitted by e-mail or another mutually agreed order form specifying the following details: format, number of ordered units, advertiser, devices (e.g., desktop, tablet, mobile, etc.), any other preferred technical specifications/information.
(ii) Acceptance and Confirmation of an Order. Prior to fulfillment, the order shall be accepted by Adform confirming it in writing. In case Adform modifies the original order, such changes must be approved by the Client. Accepted order shall be binding upon both Adform and the Client.
(iii) Fulfillment of an Order, Delivery and Technical Support. Adform produces Creative Production in line with the provided assets and technical specifications as specified in the accepted order. After design samples for the Creative Production and any other technical specifications are submitted by the Client and accepted by Adform, Adform undertakes to provide up to two rounds of amendments of its delivered production upon request by the Client. Any additional amendments will be subject to extra fees not included in the accepted order for Creative Production. Any requests to deliver Creative Production during out of office hours, i.e., between 17.00 and 8.00 CET, on weekends or state holidays will be subject to additional charges not specified in the accepted order.
(iv) Client’s Responsibility for Provided Assets. The Client will be solely responsible for any contents, assets or other materials provided to Adform, which shall be used for the Creative Production.
(v) Compatibility and Quality Assurance. Creative Production is built and tested to be used on the newest Adform supported browser and device versions. Creative Production shall be compatible with Adform’s technology and platform. Technical limitations of third-party technology providers may prevent the availability of certain Adform features. Adform shall not be liable for the incompatibility of Creative Production with any third-party technology or platform. If new browser updates or device versions come out during the campaign period or the Client’s websites are changed, delivered Creative Production can be adapted for an additional fee, provided Adform is capable of supporting such updated versions. A live testing environment shall be provided by the Client and/or publisher (either web or in-app) in order for the quality assurance/testing process to be completed.
(vi) Creative Production Service Fees. By accepting the Client’s order for Creative Production Adform shall specify the currency, the price for Creative Production and other pricing details. If the Client objects to the specified service fees, it shall submit its objections within 24 hours from Adform’s written confirmation of an order, which shall effectively cancel the order, unless Parties agree to modify it. The Client’s silence shall mean its approval of the specified service fees.
(vii) Marketing Rights. The Client grants Adform permission to use the delivered Creative Production to promote Adform’s sales and marketing activities, including, but not limited to, display of Creative Production as delivered samples on www.adform.com or any other Adform managed website. The Client may revoke this permission at any time by sending an email to [email protected]. Adform will remove such Creative Production or the Client materials that make up a part of such Creative Production as soon as possible from such Adform owned reference material. Any questions about how or where the Creative Production samples might be promoted or deployed can be sent to [email protected].
(viii) Intellectual Property. By submitting an order for Creative Production the Client grants to Adform and its affiliates, to the extent necessary to enable Adform to perform Creative Production Services, a limited, revocable, non-exclusive, non-sublicensable and non-transferable right and license to use the information, content and other materials provided by the Client to Adform under the order, including all software, audio files, audio-visual files, programming, clips, segments, source art, graphics, images, trademarks, logos and metadata in connection with the provision of Creative Production Services by Adform under the order (“Client Licensed Materials”). Adform retains all right, title and interest in and to (a) Adform‘s proprietary technology or any other Adform intellectual property, information, processes, methodologies, products, goods, services or materials, tangible or intangible, which were independently developed by Adform outside the scope of the Agreement and, (b) components of proprietary technology and processes, including computer programs, source code, software, technology and related materials developed by Adform and/or its suppliers or licensors, which are embedded in, incidental to or otherwise intended to interact or interoperate with delivered Creative Production (“Adform Licensed Materials”). Adform grants to the Client a limited, revocable, non-exclusive, non-sublicensable and non-transferable right and license to use Adform Licensed Materials. For purposes of clarity, any processes, methodologies or know-how developed during the course of providing Creative Production Services to the Client is also deemed to be Adform Licensed Materials. Both parties agree not to infringe, violate or challenge, and will use best efforts to preserve and protect, all such Licensed Materials of the other party.
3.2.4. Creative Studio Services offer the Client Creative Studio self-service tool for HTML5 ad creation.
3.2.5. Demand Side Platform (“DSP”) audience data connector Services allow the Client to use a server2server batch file transfer or API integration in order to ingest/import audience data from another first party Data Management Platform (“DMP”) to the Adform Platform with the goal and intention to activate these audiences within the Adform ecosystem (e.g., RTB). DSP audience data connector is limited to only making the audiences accessible in the Adform ecosystem and does not allow the usage of Adform’s DMP solution, nor its features and functions (e.g., ID Fusion, cross-device, lookalike modeling, overlay analysis, reporting, etc.). Audience usage reporting is available within the specific Adform product used for activation of the audiences, e.g., RTB performance reporting. DSP audience data connector is limited in the amount of Data Events/unique audiences that can be uploaded/processed every month. These monthly limits are 600.000.000 Data Events and/or 250 unique audiences stored per month. Each unique ID (identifier) may be connected to a maximum of 20 individual audiences at the same time. Should the above-provided limits be exceeded during the calendar month, Adform may on its sole discretion limit (not process additional Data Events) or suspend DSP audience data connector service partially or in whole until the end of respective calendar month. Adform may also on its sole discretion choose to remove audiences from the platform which are not in active use or have not been actively used in the past 90 days. If DMP Services are ordered under IO or a separate agreement for Adform DMP services is concluded by the parties, this section won’t apply and the DSP audience data connector’s DMP account will be governed by the terms and conditions applicable to DMP Services under IO or such separate agreement.
3.2.6. Dynamic Creative Optimization (“DCO”) Services allow the Client to serve ads that match specific pre-defined criteria (targeting rules) such as optimizing best performing content versions or showing different content depending on targeting criteria. These services comprise of the following products: (i) Product Retargeting which allows the Client to serve ads which retarget and recommend in advance retrieved items to user depending on browser history; and (ii) Dynamic Ads which allows the Client to serve personalized ads and automate creative orchestration based on version list which contains content and targeting rules.
3.2.7. Enhanced measurement Services allow the Client to qualify its digital activity further. These services consist of the following products: (i) 3 viewability layers which can be enabled for the Client’s account and allows for several thresholds of viewability measurement to be conducted simultaneously on each ad impression in addition to standard viewability measurement set to the IAB standards for the given ad format; and (ii) Cookieless tracking which allows the Client to maintain user anonymity while aggregating data needed to drive performance and reach target users, especially across mobile devices, while upholding user privacy and choice. Cookieless tracking is enabled for the entire Client’s account(s) in the Adform Platform, and upon the Client’s request, this Service can be disabled for certain advertisers on Third-Party Ad Serving (“TPAS”).
3.2.8. ID Fusion services allow the Client to run and optimize campaigns using frequency capping, reporting and audience activation across devices and identifiers in third party and first party ID environments combining data points along the digital advertising chain. ID Fusion can put these data points into the context of identity signals and as such is able to recognize the relationships between different identifiers without compromising their autonomy and while respecting key considerations such as privacy signals.
3.2.9. Master Data (“MD”) Service gives the Client access to the most granular log-level data enabling the Client to do a detailed analysis of campaigns. MD files can be downloaded or pulled via an API-call.
3.2.10. Other Adform and third-party vendor Services may be offered to the Client from time to time. These Services will be available through the Adform Platform which may be subject to dedicated pricing indicated in the UI or separately agreed with the Client. The Client agrees to pay Adform’s invoices for such Services (including the services the Client buys directly from the third-party vendor(s)) issued by Adform according to payment terms stated in the Agreement. The Client further agrees that the validity and accuracy of the usage reports for services bought by the Client directly from the third-party vendor and all related inquiries and disputes regarding the invoicing will be handled by the third-party vendor.
3.2.11. Programmatic Guaranteed enables Client to purchase guaranteed volumes of impressions offered by sellers using RTB technology. Client understands and acknowledges that Adform shall have no control over Client’s commitments to purchase guaranteed volumes of inventory from sellers. Client is solely responsible for its commitments to sellers using RTB technology and shall fully indemnify Adform against any seller claims in respect of the volumes of impressions bought via Adform platform.
3.2.12. RTB managed Services offer the Client a possibility to have Adform performing the following RTB activities: (i) creating campaign strategy/target group/audience and campaign suggestions according to the Client’s instructions; (ii) campaign set up (creating activities, testing banners, creating tags); (iii) creative approvals (checking rejected tags); (iv) follow-up and optimization based on actual results on agreed schedule with the Client; (v) proactive optimization towards campaign goals in collaboration with the Client; and (vi) report suggestions, standard re-occurring reports’ schedule.
3.2.13. RTB Services allow the Client to purchase inventory for programmatic advertising using RTB Technology. Special defined terms apply to RTB services:
(i) Inventory Purchases. The Client may not be permitted to bid on and purchase any inventory (including Programmatic Guaranteed) in excess of the Maximum Monthly Transaction Limit indicated in the IO, which represents the aggregated maximum financial value of inventory purchases using RTB Services for a single transaction or series of transactions per month. For the avoidance of doubt, Client shall pay Adform all the fees and costs related to inventory purchases made using RTB Services even though exceeding the Maximum Monthly Transaction Limit.
(ii) Maximum Monthly Transaction Limit. Adform may, at any time and in its sole discretion, change the Client’s Maximum Monthly Transaction Limit, or impose new restrictions on the Client’s inventory purchases and/or the Client’s obligations to pay Adform’s invoices in respect of RTB Services.
(iii) Purchases non-refundable. The Client should regularly log into its account and review the details of its spending to ensure that there has not been an unauthorized transaction or other error. The Client agrees that its purchases using RTB Services constitute a valid order and that no additional approval is required. Once a bid is placed and it has been accepted, the purchase is non-refundable and the Client must pay for the inventory in accordance with the Agreement.
3.2.14. Rich Media (“RM”) Services allow the Client to use Adform’s portfolio of RM formats in Adform’s Creative Studio and tailor-made RM solutions that can be used for RM advertising. For invoicing purposes RM banners are divided in the following categories: (i) Heavy Banner – Standard image or flash banner or Rich Media banner of format Standard or DHTML, without video streaming and weighting more than limit of KB set out in IO; (ii) Rich Media Banner – Rich Media banner of format other than Standard or DHTML, without video streaming; and (iii) Streaming (Auto and User-initiated) – any format banner with video streaming (autoplay or user-initiated play; autoplay means a video ad or a video ad linked with video content that initiates “play” without user interaction or without a user actively starting the video, user-initiated play means a video ad or a video ad linked with video content that initiates “play” with user interaction and with a user actively starting the video as opposed to the linked digital video content initiating itself).
3.2.15. Search engine integration Services allow the Client to synchronize campaigns with search engines and social networks. As a result, the Client is able to track the performance of search campaigns and compare them to other activities running on display or video within the Adform Platform.
3.2.16. TPAS managed Services offer the Client a possibility to have Adform performing the following TPAS activities: (i) implementing media plans in the system; (ii) providing Digital Ad Specifications for Creative Agencies and assistance, if needed; (iii) uploading creative in the Adform Platform; (iv) creative testing (according to Adform specifications); (v) dispatching of material / tags to media; (vi) changing digital ad creative; (vii) creating tracking points in the Adform Platform; (viii) dispatching tracking points and controlling implementation on the advertiser’s website; (ix) contacting media site during implementation of materials, if needed; (x) obtaining feedback regarding campaign issues during campaign periods and informing relevant parties about issues, if any; and (xi) upon special agreement with Adform, checking if tracking points are implemented before the campaign start date.
3.2.17. Third-Party Data is provided by a third party and is made available to the Client, and is a subject to dedicated pricing indicated in the UI, for targeting, creative targeting, measurements and other data-driven features in the Adform Platform with DCO, TPAS and RTB Services.
3.2.18. Third-Party Tracking Services allow the Client to use third-party tracking when due to any circumstances a digital ad is not physically served through the Adform Platform. These services consist of the following products: (i) 1x1 tracking pixel (invisible tag settings) which is used for gathering impression metrics; and (ii) Click tracking which is used for gathering click metrics.
3.2.19. TPAS Services allow the Client to plan and manage advertising activities, including ad serving/tracking, standard campaign reporting and analytics, first party site tracking, dynamic ad messaging, ad optimization and targeting in the Adform Platform.
3.2.20. First Party Audience Data Services are available to the Client, if under a separate agreement with Adform a client uses Adform’s DMP solution to collect, manage and extend its first party audience data, and the Client may, subject to dedicated pricing, use such audience data on the Adform Platform for targeting purposes with DCO, TPAS and RTB Services.