RULES FOR RENDERING OF ADVERTISING SERVICES FOR DIRECT ADVERTISERS 1. Terms and Definitions
shall mean these rules regulating the procedure for rendering of advertising services and being an integral part of the Contract. The current version of the Rules is available at https://target.my.com/help/advertisers/rulesjuridicaladvert/en
shall mean MGL MY.COM (CYPRUS) LIMITED, registered address: 28 Oktovriou, 365 VASHIOTIS SEAFRONT, office 402 Neapoli, 3107, Limassol, Cyprus.
shall mean an individual or legal entity who have entered into the Contract with the Company for the Advertising materials placement through the Company's System.
shall mean the Company and the Advertiser.
shall mean the Company's proposal to enter into an advertising services contract between the Company and the Advertiser on the terms set out in the Offer available at https://target.my.com/help/advertisers/offer-juridical-advert/en
shall mean the contract under the terms and conditions of the Offer concluded between the Parties at the time of the Advertiser's acceptance of the Offer.
1.7. Information Space
shall mean websites, mobile sites and mobile applications, software and other resources.
1.8. Information Space of the Company
shall mean the Information Space, the rights to administering of which and/or the rights to the Advertising materials placement in which belong to the Company (including the Partners' Information Space with which the Company concluded the relevant agreements for the Advertising materials placement).
1.9. Placement Services
shall mean the advertising services of the Company rendered to the Advertiser via the Company's System.The types, content and procedure of the services cost generation shall be specified in the Internet at: https://target.my.com/help/advertisers/legaldocuments/ru
and in the Member Area.
1.9.1. Additional Services
shall mean the services rendered to the Advertiser through the Company's System with regard to the advertising placement. Such services include in particular: а) submission to the Advertiser non-personalized information to form the audience of advertising; b) submission to the Advertiser data and analysis of user behavior with regard to the Advertising placed by the Advertiser through the Company's System.
1.10. Company's System (myTarget)
shall mean the hardware and software complex which provides the Advertiser with an opportunity to independently place, control and access the Statistics Data in respect of the Advertising materials.
shall mean personal account of the Advertiser in the Company's System. The Account shall be accessed through the Member Area.
1.12. Member Area
shall mean the private area of the Company's System which allows moving within the framework of the Information space allocated thereto by the Company's System for the purpose of order, independent placement and control over the Advertising materials placement, as well as familiarization with the Statistics Data, and for performance of other actions provided by functionality of the Company's System. To log in the Member Area, the unique login and password stated by the Advertiser when passing through the registration in the Company's System shall be used.
1.13. Statistics Data
shall mean the data on the Advertising materials placed through the Company's System, the cost of the Placement Services and Additional Services in the Reporting Period and other data unilaterally established by the Company generated by the Company upon the results of automated check, and available for the Advertiser in the Member Area for familiarization.
1.14. Reporting Period
shall mean one (1) calendar month of the year. In this regard the first Reporting Period shall last from the moment of signing hereof till expiration of the first full calendar month. If this Contract has been terminated on any grounds the last Reporting Period shall be from the end of the last full calendar month till the moment of the Contract termination.
1.15. Active Link
shall mean the text or graphic indicator contained in the Advertising materials of the Advertiser allowing shifting to the information resource of the Advertiser/the third parties by Click. Active link may be deemed any other way to shift to the information resource of the Advertiser/third party via the Advertising material placed in the Information Space of the Company.
shall mean each case when the Internet user shifts from the Information Space of the Company to the information resource of the Advertiser/third party by clicking on the Active Link.
shall mean placement and displaying of the Advertising materials of the Advertiser in the Information Space of the Company.
shall mean the action performed by the User and accounted by the Advertiser as the fact of services rendering by the Company.
1.19. Placement Location
shall mean the location of the Information Space of the Company allocated for the purpose of placement of the Advertising materials provided by the Advertiser. The Placement Location shall be determined pursuant to the Auction conditions.
shall mean the system which using certain algorithms in automated mode determines the conditions of the Advertising materials placement, including the location, time, cost and other conditions of the Advertising materials placement.
1.21. API ("Application Program Interface")
shall mean application program interface, namely the set of ready-made functions, structures and constants of the Company's System. The Company's System and the Advertiser's System shall interact using API. The systems interaction allows the Advertiser via the Advertiser's System to place the Advertising materials in the Company's System, to change the Advertising materials placement, to familiarize itself with the Statistics Data, Advertiser's Personal Account, as well as to perform other actions available when using API.
1.22. Advertiser's System
shall mean the hardware and software complex of the Advertiser developed for the Advertising materials placement.
shall mean any party who have entered into a contract with the Company for the Advertising materials placement within its Information Space ("Partner's Information Space").
shall mean legal entities or individual entrepreneurs being the owners of services interacting with the Company's System that enables rendering Additional Services to Advertisers when advertising is placed by these entities. Providers are persons with whom the Company has entered into relevant agreements permitting to render Additional Services to Advertisers.
In case of using in these Rules content of the terms not interpreted in section 1 and/or in the text of the Contract, such terms shall be interpreted based on the sense of the Rules text. In case of impossibility of clear interpretation, one should follow the terms interpretation with regard to the following priorities: firstly — the laws of England and Wales and international law standards, secondarily — the common practice of the terms using in the Internet. 2. Terms and Conditions of the Services Rendering
2.1. Obligatory condition of rendering of the placement Services in the Information Space of the Company/provision of opportunity to review the Statistics Data shall be registration of the Advertiser, creation of the Account (filling in of the identification form established by the Company) by clicking "Sign up" posted on the Internet at: https://target.my.com
. By clicking the specified link, the Advertiser shall confirm the authenticity of the information input and its consent with the terms and conditions of the Placement Services.
2.2. Each next referring of the Advertiser to the Company's System (shift to the Member Area) shall be performed via authorization of the Advertiser by inputting of the unique login and password stated by the Advertiser while passing through registration procedure in the Company's System.
2.3. Preliminary procedure for coordination of the terms and conditions of the Advertising materials placement:(a) Selection by the Advertiser of the parameters of the Advertising materials placement offered by the Company's System;(b) Check by the Company's System of the Advertising materials for compliance thereof with the Company's technical requirements.
2.3.1. The Advertising materials shall be placed in accordance with the terms and conditions of the Auction and provided that the Advertiser fulfils the obligation of payment for the Placement Services in the manner provided for the Contract and these Rules.
2.4. The Advertiser shall admit that within the framework of the Contract, the Information Space of the Company shall be just the location to display the Advertising materials, and the Company's System shall be the facility (tool) for independent placement thereof.
2.5. The Company shall be entitled at any time, including prior to the placement, to check the compliance of the Advertising materials with the requirements of the Contract and these Rules and any other applicable laws and regulations, as well as other requirements unilaterally established by the Company. In case of revelation of violation of the above mentioned requirements by the Advertiser, the Company shall be entitled to reject the placement and/or terminate the Advertising materials placement without any compensation for the Advertiser's losses at notice or without thereof.
2.6. The Advertising materials provided by the Advertiser and its content of the Internet Space to which the Active Link refers shall not (a) breach the terms and conditions of the Contract and any applicable laws or regulations including but not limited to the laws of the Russian Federation and the laws of the country for which Display of the Advertising materials provided by the Advertiser is planned, (b) contradict the Company's internal policy, business interests, as well as the goals achieving of which the Company's efforts are focused on.
2.7. The Parties shall admit that in case of a dispute in respect of proper rendering of the Placement Services, sufficient proof of the scope, cost of the Placement Services rendered and actual rendering of the Placement Services shall be the Statistics Data generated by the Company's System.
2.8. The Company shall provide the Advertiser with the following ways of the Advertising materials placement and advertising campaigns management:(a) by using Member Area;(b) by using API.
2.9. The Parties shall agree that API is a way of interaction of the Company's System and the Advertiser's System which shall not exclude the common procedure of registration in the Company's System described in clause 2.1 hereof.Procedure for submission of API is posted on the Internet at: https://target.my.com/help/advertisers/api_access/ru
2.10. The Advertiser shall agree that the Partner in the Information Space of which the Advertising materials provided by the Advertiser are placed/have been placed may receive the information, including on Displays, Clicks and paid amounts specifying the Advertiser as purchaser of the services for placement of the Advertising materials in the Partner's Information Space.
2.11. Advertiser agrees that the Provider, services whereof were used to provide Additional Services in the process of placement of advertising may obtain information including about impressions, clicks, and amounts paid, with an indication of the Advertiser as a purchaser of Placement Services and Additional Services in the volume required to provide the Provider with statistics in order to determine the cost of Additional Services. 3. Cost and Procedure for the Services Rendering
3.1. The Placement Services cost shall be determined by the Company's System using the Auction depending on:
- Placement location, time, volume of the Advertising materials;
- Other placement parameters established in the Company's System for the purpose of determination of the Placement Services cost. The placement parameters shall be regularly determined by the Company at its own discretion.The Advertiser shall agree with the ways of pricing determined by the Auction whereof the terms and conditions are described in the Internet at: https://target.my.com/help/advertisers/legaldocuments/ru
3.1.1. The cost of Additional Services provided to the Advertiser in connection with the placement of advertising through the Company's System is conditioned on the type of services provided, contractual terms of the Company and the Provider, services whereof were used for the provision of Additional Services and other conditions. Accurate information on the cost of Additional Services or the manner of its determination may be found by the Advertiser in the Personal Account.
3.2. The Advertiser shall independently issue an invoice using the Company's System in the Member Area and undertake to pay for the invoice within three (3) banking days from the date of issue of the same. The Company Services shall be paid for by money transfer to the settlement account of the Company.
3.3. The Advertiser shall agree that all the risks of losses when paying for the Company Services shall be the risks of the Advertiser.
3.4. The Advertiser's duties of payment for the Placement Services and the Additional Services shall be deemed performed from the moment of depositing of the money to the settlement account of the Company. A copy of a document with the bank mark proving the money transfer may be a confirmation of payment for the Company Services, at discretion of the Company. Besides, the Company shall be entitled to request for the original document proving the fact of payment.
3.5. The Advertiser shall agree that in case at the date of the Parties' obligations termination or the Contract termination the amount of the Advertiser's advance payment for the Placement Services and the Additional Services exceeds the amount of actually rendered Placement Services, the difference between the specified amounts shall be recognized as the Advertiser's advance payment for other services rendered by the Company under other (including future) contracts, except for the cases of written consent of the obligations termination or termination of the Contract concluded under different terms and conditions.