4 TERMS AND CONDITIONS
4.1. In order to receive Services in the Company's Information Space/access to Statistics, the Advertiser must register and create an Account (complete an identification form approved by the Company) by clicking the "Sign Up" button located on the Internet at https://target.my.com
. By pressing the button, the Advertiser confirms the accuracy of the information provided and acknowledges acceptance of the terms of provision of the Placement Services.
4.2. Each of the Advertiser's subsequent visits to the Company's System (navigation to the Member Area) shall be conducted by the Advertiser signing in by entering the unique name and password that the Advertiser specified while registering in the Company's System.
4.3. The preliminary procedure for obtaining approval for the placement of advertising material entails: (a) the Advertiser's selection of ad placement options offered by the Company's System; (b) the Company's System's verification of the Advertiser's advertising material in regards to their compliance with the technical requirements of the Company, as well as verification of the established parameters for placement of the advertising materials.
4.3.1. The placement of advertising materials shall be in accordance with the terms and conditions of the Auction, and subject to the Advertiser's fulfillment of their obligations to pay for Placement Services, as provided for within the Contract.
4.4. The Advertiser acknowledges that under this Contract, the Company's Information Space is only a place that displays advertising materials, and that the Company's System is a means (tool) to place them independently.
4.5. The Company has the right, at any time, including prior to placement, to screen advertising materials for compliance with the Contract, Company Rules, a legislation of a country where the Advertising Materials are intended for demonstration, the current applicable laws, as well as other requirements established unilaterally by the Company. If the Advertiser detects any violations of the requirements defined in the aforementioned documents, the Company shall have the right, with or without notice, to refuse and/or discontinue placement of materials without compensating the Advertiser for inflicted losses or damages.
4.6. Advertising materials provided by the Advertiser and the content of the website pointed to by an Active Link must not violate the terms and conditions of the present Offer and Company Rules, a legislation of a country where the Advertising Materials are intended for demonstration, the current applicable laws, and the laws of the country where the promotional materials provided by the Advertiser are intended to be displayed; or contradict the Company's internal policy, business interests, or the objectives that the Company is seeking to achieve.
4.7. The Parties agree that in the event of a dispute regarding the proper rendering of Placement Services, the Statistics generated by the Company's System shall be deemed as sufficient proof of the extent, cost and the fact of the rendered Placement Services.
4.8. The Company provides the Advertiser the following ways to place advertising materials and manage advertising campaigns: (a) the Member Area; (b) the API.
4.9. The Parties agree that the API is just a means of interaction between the Company's System and the Advertiser's System, which does not preclude the general registration in the Company's System described in paragraph 4.1 of the present Offer. The procedure by which the Company grants access to the API is indicated on the Internet at https://target.my.com/adv/doc
4.10. The Advertiser agrees that the Partner, on whose Information Space the advertising materials provided by the Advertiser are/were placed, can obtain information, including in regards to Impressions, Clicks, and amounts paid, with an indication that the Advertiser is the purchaser of services to place advertising materials in the Partner's Information Space.
5. COST OF AND PROCEDURE FOR RENDERING SERVICES
5.1. The cost of Placement Services is determined by the Company's System using the Auction and depends on: (а) Placement location, time frame, amount of advertising materials; (b) other placement options established by the Company's System for the purpose of determining the cost of Placement Services. Placement options are periodically determined by the Company at its sole discretion. The Advertiser agrees with the price formation methods determined by the Auction, the terms of which are described on the Internet at https://target.my.com/adv/doc
5.2. Placement services are paid for by the Advertiser in advance with a 100% (one hundred percent) payment of the cost of placement of advertising materials, as defined by the results of the Auction. The least payment amount is 10 (ten) dollars or 10 (ten) euros. Prices include VAT. Funds in the Account are displayed excluding VAT.
5.3. The Advertiser independently issues invoices using the Company's System, via the Member Area, and undertakes to pay the invoice within three (3) banking days from the date of its issue. Payment for the Company's Services is made by transferring money using electronic means available in the Member Area (bank card, paypal, etc.). Payment for Placement Services is made in USD or Euros.
5.4. By performing certain actions (including, but not limited to, clicking the "Campaign is ready" button or any other button in the Member Area), the Advertiser completes the process of selecting the ad placement options proposed by the Company's System and expresses acceptance of the cost of the Placement Services and of the terms of placement of advertising materials. The cost of Placement Services is calculated in USD or Euros.
5.5. The Advertiser agrees that the Advertiser assumes all risks regarding loss of the payment for the Placement Services to the Company.
5.6. The Advertiser's obligation to pay for the Placement Services shall be deemed fulfilled after receipt of funds in the Company's account. Proof of payment for the Company's services, at the Company's discretion, may be a copy of a document with note from the bank indicating that the funds were received. The Company has the right to request the original document confirming payment.
5.7. The Advertiser agrees that if, upon termination of the Parties' obligations or termination of the Contract, the amount prepaid by the Advertiser for Placement Services exceeds the cost of the actual Placement Services provided, then the difference between these amounts shall be recognized as an advance payment from the Advertiser for other services provided by the Company under other (including future) contracts, except for cases when the termination of obligations has been documented in writing or when the Contract was terminated on different terms.
6. THE ADVERTISER'S RIGHTS AND OBLIGATIONS
6.1. The Advertiser shall have the right to:
6.1.1. Review the Statistics and exercise control over the placement of advertising materials.
6.1.2. At its discretion and with the Company's consent, change the placement conditions for the advertising materials in the Company's System. In the event of changes in the placement conditions for adverising materials, as well as suspended (terminated) placement, the Advertiser agrees that the new placement conditions/moment of suspension (termination) of placement shall take effect/occur no earlier than 60 minutes after such changes/suspension (termination) of placement have been recorded.
6.1.3. Refuse to place or suspend the placement of advertising materials, provided adequate notice has been given and the Company has been compensated for losses, on condition that the other obligations set forth in this Contract have been fulfilled.
6.2. The Advertiser shall:
6.2.1. Transfer to the Company all necessary, complete and reliable information for rendering the Placement Services.
6.2.2. Comply with the requirements of the Contract, Company Rules and other requirements established unilaterally by the Company.
6.2.3. Pay for Placement Services in the amount and pursuant to the procedure established by the Contract.
6.2.4. Not place any advertisements that violate the Contract and paragraph 4.6 of this Offer.
6.2.5. Have all necessary licenses, permits and certificates, and make duly certified copies available to the Company if an object of advertisement is subject to obligatory certification or licensing.
6.2.6. Use the Company's System only to place advertising materials and fulfill other rights and obligations granted to the Advertiser in accordance with the Contract.
6.2.7. Compensate the Company and the Partners for any damages, including any legal expenses, and amounts recovered, in full, in the event they are paid by the Company or a Partner to third parties as a result of the Advertiser's breach of the Contract, Company Rules and other requirements established by the Company.
6.2.8. If the Company is involved in legal proceedings due to a fault of the Advertiser, or if regulatory authorities rule to fine the Company due to a fault of the Advertiser in connection with the Advertiser's performance of obligations under the Contract, the Advertiser agrees to indemnify the Company for the damages incurred, in full, including legal and other costs.
6.2.9. If the Company and/or Partner receives any claims against them from any third parties, as well as any orders, warnings, and other acts issued by regulatory authorities in regards to the content and/or the placement of the Advertiser's advertising materials, the Advertiser agrees to resolve them on their own and at their own expense, without the involvement of the Company and/or Partner.
6.2.10. If the object of advertising is an information product defined by Federal Law "On the Protection of Children from Information Harmful to their Health" as an information product that requires an information product designation, the Advertiser shall provide the Company with advertising materials that contain the information product designation for the category specified by said law. In case of the Advertiser's non-performance or improper performance of the requirement specified in this paragraph and if, as a result, the Company is sanctioned and fined by a competent authority, the Advertiser shall compensate the Company for the damages incurred in connection therewith, in full, including compensation for paid fines and any possible court costs.
6.2.11. If a written request from the Company and/or Partner is received requesting compensation for any documented losses related to the placement of the Advertiser's advertising materials, compensate the Partner for said losses, without the involvement of the Company.