TERMS AND CONDITIONS OF SERVICE PROVISION BY PROVIDERS OWNING TECHNOLOGY PLATFORMS 1. TERMS AND DEFINITIONS 1.1 "Terms and Conditions"
shall mean this document posted at https://target.my.com/adv/doc/dmp, which shall form an integral part of the Agreement. 1.2. "Offer"
shall mean an offer of the Company to conclude a services agreement between the Company and the Provider on the terms specified in the Offer posted at https://target.my.com/help/dmp/offer/en
. 1.3. "Agreement"
shall mean an agreement concluded on the terms of the Offer and these Terms and Conditions between the Parties at the time of acceptance of the Offer by the Provider. 1.4. "Company"
shall mean LLC VK (OGRN [Primary State Registration Number] 1027739850962), 39/79 Leningradsky Ave, Moscow, 125167, Russian Federation. 1.4. "Provider"
shall mean a legal entity or individual entrepreneur, who has entered into the Agreement by accepting the Offer. 1.5. "Parties"
shall mean the Company and the Provider. 1.6. "myTarget System (Company's System)"
shall mean an advertising management system, which is a set of software and hardware, designed, inter alia, to provide the ability to place and manage the placement of Advertising Materials. The myTarget System ensures that the Parties fulfill their mutual obligations under the Agreement and contains all the information necessary for interaction between the Parties, including Statistics. 1.7. "Account"
shall mean the Provider's account in the myTarget System, which is a means of providing information about the mutual obligations of the Parties and allowing the Provider to get access to the Statistics data in real time. The Account shall be accessed by the Provider by entering the login and password independently set by the Provider during registration through the user interface of the myTarget System. 1.8. "Placement Services"
shall mean the Company's advertising services provided to the Advertiser through the Company's System. 1.9. "Advertiser"
shall mean a person. who has entered into an agreement with the Company on the placement of advertising materials through the Company's System, who has passed the registration procedure in the Company's System and gained access to the Personal Account, in order to independently place its own advertising materials. 1.10. "Advertising Material"
shall mean advertising and information material, in the format of a text block, text and graphic or graphic banner, static (with a fixed image), animated or video material containing advertising information and a hyperlink provided by the Advertiser through the myTarget System for placement using the Provider's Data on the Partner Platforms. 1.11. "User"
shall mean any person, who is a visitor to websites, mobile sites and mobile applications. 1.12. "Services"
shall mean a set of technical services provided by the Provider to the Company through the myTarget System for additional on-site setting up the placement of Advertising Materials by providing the Provider's Data. 1.13. "Provider's Data"
shall mean data on the interests of Internet Users, which can be grouped into user lists and segments, access to which the Provider provides to the Company in the manner prescribed hereby. 1.14. "Advertiser"
shall mean a person, who has entered into an agreement with the Company on the placement of Advertising Materials through the myTarget System. 1.15. "Statistics"
shall mean data on volumes, parameters, the amount of the Provider's remuneration, as well as other data generated by the myTarget System in relation to the Provider's Services. 1.16. "Reporting Period"
shall mean one (1) month. At the same time, the first Reporting Period shall be equal to the time period from the moment of signing this Agreement until the expiration of the first full calendar month. In the event of termination hereof for any reason, the last Reporting Period shall be equal to the period from the end of the last full calendar month until the termination of the Agreement.
Other terms, which are not defined in this section, shall be interpreted in accordance with the customs of business turnover, as well as in accordance with the applicable laws of the Russian Federation. 2. TERMS AND CONDITIONS OF SERVICE PROVISION
2.1. The Provider shall have the right to start providing the Services only after performing the following actions:
2.1.1. registration of the Provider in the myTarget System, while the Provider is assigned a unique ID;
2.1.2. Provider's indication of authentic and legally binding data, including its full details, in the form available in the Account; at the same time, the Company may request, and the Provider shall provide, documents confirming the authenticity of the data on the Provider specified in the Account, including the data left by it during registration;
2.1.3. confirmation by the Company of the beginning of the provision of Services by the Provider through the myTarget System or by e-mail.
2.2. The conditions for the provision of the Services shall be determined by the Company through the myTarget System in real time using the software and hardware of the myTarget System. At the same time, the Parties specifically agreed that the Parties shall consider the interaction defined by this clause equal to written form, and the results of such interaction shall be recorded in the Account.
2.3. The Company shall provide the Provider with access to the Account in order to control the provision of the Services and review the Statistics.
2.4. The Provider shall:
2.4.1 Upload the Provider's Data through the myTarget System no later than one day after the date of creation (change, update), and make commercially reasonable efforts to ensure security when uploading the Provider's Data, preventing access by third parties, or disclosing the Provider's Data to third parties.
2.4.2 Ensure proper technological interaction between the Server and the myTarget System, ensuring uninterrupted transmission of the Provider's Data to the Company.
2.4.3 Ensure the completeness, accuracy and relevance of the Provider's Data, as well as their functional suitability for use by the Company in the manner prescribed hereby. Upon a reasoned request from the Company and within the time frame agreed by the Parties, the Provider shall eliminate errors and/or deficiencies in the Provider's Data within a reasonable time.
2.4.4. Not include in the Provider's Data any information, data and/or materials that violate the rights of Users and/or third parties, or contain malicious and/or spyware codes. The Provider agrees to be fully responsible for compliance with the requirements of applicable law and the rights of third parties (including, but not limited to, personal data and intellectual property laws), and indemnify the Company, its subcontractors, employees, partners and/or counterparties from any claims from third parties (including Users, Advertisers and authorized government bodies) in relation to the Provider's Data.
2.4.5. Provide information on requests by the Company or Advertisers within 24 hours from their receipt by the Provider.
2.5. The Provider may:
2.5.1. Receive from the Company the Remuneration for the Services rendered;
2.5.2. Access the Account in the myTarget System using the login and password.
2.5.3. Provide similar services to third parties (including providing access to identical Provider's Data) to third parties unless otherwise agreed by the Parties additionally.
2.6. The Company shall:
2.6.1. Provide the Provider with access to the Company's System through the Account;
2.6.2. Provide the Provider with access to Statistics data by recording such information in the Provider's Account;
2.6.3. Make timely payment for the Services under the Agreement in full in accordance with the terms of this Agreement.
2.7. The Company may:
2.7.1. Suspend/terminate the fulfillment of obligations under the Agreement or partially or completely refuse to accept improperly rendered services in case of violation the Provider's warranties and obligations hereunder;
2.7.2. Make changes to the algorithm of the Company's System functioning at any time at its discretion;
2.7.3. Engage the third parties to fulfill its obligations hereunder.