OFFER

FOR ADVERTISING AGENCIES

This document ("Offer") is My.Com B.V.  (hereinafter referred to as "the Company") official proposal to enter into an advertising services contract between the Company and the Advertiser ("Contract") on the terms set out in the present Offer.

1. PROCEDURE FOR CONCLUSION OF THE CONTRACT. ACCEPTANCE OF THE OFFER

1.1 The Contract, under the conditions of the present Offer, is concluded between the Parties at the time of the Advertiser’s acceptance of all the conditions of the present Offer. Acceptance of the Offer with reservations is not allowed.

1.2. The Advertiser accepts the Offer during the process of registering in the Company’s System by ticking a checkbox to confirm that the Offer was read and the terms are accepted and/or by the Advertiser paying an invoice submitted electronically in the Advertiser’s Member Area. The specific way in which acceptance of the terms of the Offer is expressed by ticking a checkbox is determined by the interface of the Company’s System. The Advertiser cannot register in the Company’s System and receive access to a Member Area without confirming acceptance of the terms of the Offer.

1.3. By accepting the Offer, the Advertiser acknowledges and confirms that it has read and fully agreed to the terms and conditions of the following documents, which are an integral part of the present Offer and are obligatory for the Parties: (a) the Company’s requirements for the Advertiser’s advertising materials (content and form of placement), which are posted on the Internet at https://target.my.com/adv/doc; (b) the procedure and parameters for placing advertising materials, which are posted on the Internet at https://target.my.com/adv/doc; (c) the Rules for rendering of advertising services for advertising agencies, which are posted on the Internet at https://target.my.com/adv/rules-juridical-agency (hereinafter referred to as “Rules”).

1.3.1. The conditions for the placement of advertising materials that are specified in this paragraph are subject to unilateral change by the Company at its discretion.

1.3.2. The Advertiser undertakes to familiarize itself with the conditions for the placement of advertising materials, which are specified in paragraph 1.3 of the Offer.

2. SUBJECT OF THE CONTRACT

2.1. The Company undertakes, in exchange for remuneration, the amount and procedures of which are determined in accordance with the terms of this Offer (Contract), to provide the Advertiser with the ability to place their own advertising material in the Company’s Information Space using the Company’s System (hereinafter referred to as "Placement Services"), and the Advertiser undertakes to pay for the rendered services in a timely manner.

2.2. The types and content of Placement Services and procedure by which the cost of Placement Services is calculated are listed on the Internet at https://target.my.com/adv/rules-juridical-agency and in the Member Area.

3. TERMS AND CONDITIONS

3.1. The Placement Services shall be rendered by provision of the Advertiser with the opportunity to independently place the advertising materials in the Informational Space of the Company within the framework of the Placement Location provided by the Company’s System, subject to observation by the Advertiser of the requirements of the Company, applicable laws and regulations and international law standards. The advertising materials shall be placed in accordance with the parameters of the Company’s System posted at: https://target.my.com/adv/doc and determining the conditions of placement of the advertising materials.

3.2.  By performing certain actions (including, but not limited to, clicking “Create campaign” or other button in the Member Area) the process of selection by the Advertiser of the parameters for the advertising materials placement proposed by the Company’s System shall be terminated and agreement of the Advertiser with the Placement Services Cost and the Advertising Materials Placement Terms and Conditions shall be expressed. The Placement Services Cost shall be calculated in Euro and US dollars.

3.3. Unless otherwise agreed by the Parties and specified in the relevant Appendix or Supplementary Agreement hereto, the Placement Services shall be paid for by the Advertiser on conditions of advance payment of one hundred percent (100%) of the cost of the relevant advertising materials placement.

3.4. The Placement Services shall be paid for by bank transfer in the manner specified in the Rules.

3.5. All the costs related to fulfilment by the Advertiser of the obligations of money transfer to the Company shall be incurred by the Advertiser.

3.6. Unless otherwise agreed by the Parties and provided for in the relevant Appendix or Supplementary Agreement hereto, the Company shall monthly generate the Report  (the “Report”) proving the fact of the services rendering for the Reporting Period within seven (7) business days from the date of finishing of the Reporting Period. The Report shall be electronically generated by the Company’s system.

3.7. One (1) calendar month shall be taken by the Party as the Reporting Period.

3.8. Absence of substantiated objections to the Report for 5 (five) calendar days from the date of receiving the Report shall be considered as the acceptance of the Placement Services rendered by the Company.

4. TERMS AND DURATION OF THE CONTRACT. CANCELLATION OF THE OFFER. TERMINATION OF THE CONTRACT

4.1. This Offer is published and shall enter into force upon its publication and shall remain in effect until its cancellation by the Company. The Contract, which was concluded as a result of acceptance of the present Offer, shall be deemed valid from the moment of the Advertiser’s acceptance of the Offer until its termination according this Offer.

4.2. This Contract may be terminated as agreed in writing by the Parties and/or terms and conditions hereof and/or of the Rules.

4.3. Either Party shall be entitled to unilaterally terminate this Contract subject to the written notice to the other Party in ten (10) business days prior to the expected date of termination. Notice of termination of the Contract by either Party must be sent by registered mail paid by the sender, or may be delivered by the Parties or representatives of the Parties in the Parties’ offices. The specified documents may be duplicated by email and/or fax.

4.4. If the Advertiser violates any obligations and/or guarantees under the Contract, the Company shall be entitled to unilaterally terminate the Contract without any compensation to the Advertiser for losses resulting from such termination, by notifying the Advertiser of the termination at least 2 (two) calendar days before the date of termination of the Contract.

4.5. The Company shall have the right, at any time, to withdraw the Offer, by notifying the Advertiser at least 1 (one) calendar day in advance by posting a notice on the Internet at https://target.my.com/adv/offer-juridical-agency. The Contract, which was concluded by the Advertiser’s acceptance of this Offer, shall cease from the date when the Offer is deemed terminated in accordance with the notice of revocation.

5. AMENDING THE OFFER AND THE CONTRACT

5.1. The Company has the right to unilaterally modify the conditions of the present Offer by publishing new revisions or amendments on the website of the Company at https://target.my.com/adv/offer-juridical-agency. Changes shall come into force upon posting of the modified Offer’s text on the Company's website at https://target.my.com/adv/offer-juridical-agency. The Advertiser shall regularly check for new versions and agrees to follow the rules of the new versions.

5.2. If the Advertiser disagrees with the new version of the Offer, the Advertiser shall notify the Company of its unilateral withdrawal from the Contract, in writing, within 3 (three) days from the date the revised Offer enters force. Otherwise, the revised Offer shall be deemed accepted by the Advertiser.

5.3. The Company places all previous versions of the Offer online at https://target.my.com/adv/doc/, with an indication of the period of validity of each version.

5.4. A change in the Offer results in a corresponding change in the conditions of the Contract, which was concluded by acceptance of the current Offer. This corresponding change enters force when the modified Offer enters force.

6. OTHER PROVISIONS

6.1. Invalidity of any of the provisions of this Contract shall not cause invalidity of other provisions or the Contract as a whole.

6.2.This Contract shall remain valid in case of change of the Parties’ details, amendments to the foundation documents thereof, change of form of incorporation, ownership of one or both Parties.

6.3. The Offer and Contact, its conclusion and performance shall be construed and governed by law of England and Wales. Any dispute arising out of or in connection with this Offer and Contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, UK. The language to be used in the arbitral proceedings shall be English. 

DETAILS OF THE COMPANY

Beneficiary:    My.com B.V.

Registered address:  Zuidplein 36, 1077 XV, Amsterdam, the Netherlands

Correspondence address:    Haaksbergweg 31, 1101BP, Amsterdam, the Netherlands

VAT-number: NL852272637B01

Bank:   ABN AMRO Bank N.V.

Bank Address: Gustav Mahlerlaan 10, 1082 PP Amsterdam

BIC/SWIFT code: ABNANL2A

EUR IBAN:  NL66 ABNA 0604 100 434

USD IBAN:  NL62 ABNA 0616 689 942

RUB IBAN:  NL78 ABNA 0616 674 716

GPB IBAN:  NL73 ABNA 0616 690 908

E-mail Address: support_target@corp.my.com