+44-208-004-7212
Advertiser Agreement

Our Advertiser Agreement

Read Airnow Monetization's Advertiser Agreement below

If you have any questions or concerns regarding anything in this Policy, please contact us directly.

AIRNOW MONETIZATION LIMITED – ADVERTISER AGREEMENT

THIS AGREEMENT WAS LAST UPDATED 1ST AUGUST 2020

PLEASE READ THIS AGREEMENT CAREFULLY. BY CHECKING THE BOX INDICATING “I ACCEPT THE AIRNOW MONETIZATION ADVERTISER AGREEMENT” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE. YOU AND AIRNOW MONETIZAITON AGREE TO BINDING ARBITRATION TO RESOLVE ANY DISPUTE ARISING FROM THIS AGREEMENT OR RELATING TO THE AIRNOW MONETIZATION TECHNOLOGY AND SERVICE. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. (SEE SECTION ON ARBITRATION BELOW FOR FURTHER DETAILS).

1. SCOPE; SERVICES

(a) Services. Airnow Monetization Ltd. and its subsidiaries and affiliated companies (collectively, “us”, “we”, or “Airnow Monetization”) provides a mobile advertising platform that will enable its advertising clients (including any advertiser on whose behalf of you are providing Advertisements) (“you”, “your”, or “Advertiser”) to upload and distribute mobile advertising content, including graphics, hyperlinks, text, images, banners, videos and other promotional content (“Advertisements“) to mobile device users (“Consumers“) on behalf of Advertiser. You may create and manage advertising campaigns (“Campaigns“) through Airnow Monetization’s web interface or through offline insertion orders, and Airnow Monetization will deliver the Advertisements on behalf of you to Consumers who have installed mobile applications or visit websites that contain Airnow Monetization’s proprietary software, tags, other technology or otherwise are contractually within the Airnow Monetization network (the “Service“). Your access and use of the Service is governed by this Agreement and any applicable terms and conditions on the Airnow Monetization website, located at www.airnowmonetization.com (the “Site“).

(b) Suspension of the Services. Airnow Monetization reserves the right to modify or discontinue, temporarily or permanently, the Service, or any features or portions thereof, without prior notice. You agree that Airnow Monetization will not be liable for any modification, suspension or discontinuance of the Service, or any part thereof. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Airnow Monetization for products, services or otherwise.

2. ACCOUNT REGISTRATION AND SITE TERMS

(a) Registration and Site Terms. You must be at least 18 years old to access or use the Service. In order to access and use the Service, you must: (i) register for an advertiser account (“Account”) on the Site; (ii) accept this Agreement; and (iii) comply with the Site Terms at http://www.airnowmonetization.... (“Site Terms”) and Acceptable Use Policy at www.airnowmonetization.com/acceptable_use_policy/ (“Acceptable Use Policy”) and any other relevant terms that Airnow Monetization may publish from time to time. You must keep all information updated, accurate, truthful, and complete at all times. You may access your Account using the user name/password credentials (“Credentials”) either provided by Airnow Monetization or as registered by you. You must protect your Account Credentials and you are fully responsible for all use and activity of your Account. If you suspect any improper or unauthorized use of your Account, your Credentials, or any other security breaches, you must contact your Airnow Monetization account manager immediately. You should carefully choose your password and not include any personal or other information that may be easily guessed by another. Any distribution by you of your Credentials may result in termination of your access to the Site or Service. Airnow Monetization has the right to terminate or suspend your access to or use of the Services and the Site, with or without notice, in the event that you violate the Site Terms or any term of this Agreement.

3. PRIVACY POLICY

Please refer to our Site Privacy Policy, available at http://www.airnowmonetization...., for information about how Airnow Monetization collects, uses and discloses your personal information through the use of the Airnow Monetization Site.

4. LICENSE TO ADVERTISEMENTS

You hereby grant to Airnow Monetization a non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, edit, modify, enhance and otherwise use the Advertisements (including any trademarks therein) in connection with Airnow Monetization’s provision of the Service, including, without limitation, copying and distributing Advertisements to Consumers, on applications and websites, and to third-party service providers.

5. ADVERTISING

(a) Campaigns. Airnow Monetization will deliver Advertisements on behalf of you to Consumers in accordance with the criteria established through your Advertiser Campaign. Each Campaign shall specify the information necessary for Airnow Monetization to deliver the Advertisements, which information may change from time to time. For instance, Airnow Monetization may require a Campaign name, maximum daily or total amount to spend on such Campaign, start and end date for such Campaign, the type of Campaign, fields to collect User Volunteered Data (as defined in Section 8), Consumer targeting information and cost-per-click bid information. Airnow Monetization does not control, endorse or adopt any Advertisements. Airnow Monetization is not be responsible or liable in any manner for any Advertisements or Campaigns and undertakes no responsibility to update or review any Advertisements or Campaigns.

(b) Editorial Adjacencies. Your sole remedy for the placement of an Advertisement on a Publisher site that violates any editorial adjacencies agreed to in writing by Airnow Monetization will be for you to submit a written complaint to Airnow Monetization. Airnow Monetization, in its sole discretion, will review such complaints and determine if the content is objectionable or in violation of such editorial adjacencies.

(c) Ad Materials. Airnow Monetization, in its sole judgment, reserves the right to reject or remove any Advertisements for which the advertising materials, software code associated (e.g. pixels, tags, JS), or the website to which the Advertisement is linked to, do not comply with its Technology Privacy Policy at www.airnowmonetization.com/technology-privacy/ (“Technology Privacy Policy”), Acceptable Use Policy, or with any applicable law, regulation or other judicial or administrative order. Notwithstanding the foregoing, you may not provide any such software code that would collect any Consumer Data (defined below) in violation of the Airnow Monetization Technology Privacy Policy.

6. CONSUMER DATA

Whenever Consumers receive, scroll over, view, click on or otherwise interact with an Advertisement, or a web page accessible to such Consumers after clicking on an Advertisement, you may be able to collect personal information directly from such Consumers, including User Volunteered Data (“Consumer Data”).

You must collect, use and disclose Consumer Data solely in accordance with all applicable federal, state and local laws, rules, judicial and administrative decisions and industry guidelines (including, without limitation, the CAN-SPAM Act of 2003, Direct Marketing Association Guidelines and the Mobile Marketing Association Guidelines). You are fully responsible for all collection, use, storage, or disclosure of Consumer Data by or on behalf of you and received by you.

Without limiting the generality of the foregoing, you represent and warrant and that you will: (i) as required by law and industry standards, provide a clear, meaningful and prominent privacy policy and notice of your collection, use, and disclosure of Consumer Data and any opt-out to any targeted or behavioral advertising by you on each site a Consumer may arrive at through an Advertisement; (ii) as required by law and industry standards, obtain any and all consents required for your collection, use and disclosure of Consumer Data; (iii) not attempt to decrypt or re-identify any hashed or encrypted Consumer Data you may receive from Airnow Monetization; (iv) not Repurpose any Consumer Data, including User Volunteered Data; and (iv) subscribe and comply with the requirements of US-EU Privacy Shield principles and certify to the US-EU Privacy Shield for your treatment of any applicable Consumer Data you may receive or transfer and treat data adequately as required under applicable law. For the purposes of this Agreement, “Repurpose” means to retarget a Consumer or append data to a non-public profile regarding a Consumer for purposes other than performance of the Insertion Order or Campaign specified through the Airnow Monetization web interface.

This Agreement incorporates by reference the Airnow Monetization Data Processing Agreement (https://airnowmonetization.com/data-protection-agreement) as amended from time to time (“DPA”). Airnow Monetization is entitled to modify the terms of DPA unilaterally with a notice to Advertiser. Both Parties agree to adhere to the DPA during the term of this Agreement and after expiration of the term subject to respective statutory obligations.

7. AD TAGS

When applicable, you shall provide Third Party Ad Server tags or Advertiser ad tags that are functional in all aspects. All use of ad tags shall not (i) cause Airnow Monetization to violate its Technology Privacy Policy nor (ii) violate industry standards, including, without limitation policies as supplied by Airnow Monetization from time-to-time regarding use of tags, cookies, and any other technology now known or hereafter developed that is designed to track Consumers’ online behavior or activity. You represent and warrant that any ad tags (or other technology) provided: (i) do not utilize supercookies, zombie cookies or other cookies or technology that circumvents user-based or device-based preferences in any way; and (ii) are set to expire within a reasonable amount of time per industry standards and applicable law.

8. CAMPAIGNS COLLECTING USER VOLUNTEERED DATA

In the event that you create a lead generation or other Campaign collecting User Volunteered Data, you represent and warrant that upon creating such Campaign, you will: (i) provide a clear, meaningful, and functional link to your privacy policy that describes your data use and disclosure in relation to the User Volunteered Data collected for such Campaign to be prominently displayed within the Advertisement creative; (ii) provide a valid opt-out as required under applicable law to the use of the User Volunteered Data; (iii) provide accurate information about the purposes and uses for which the User Volunteered Data will be collected and shared for display in the Advertisement creative and use the User Volunteered Data for such purposes and uses; (iv) disclose any sharing of User Volunteered Data to be disclosed in the Advertisement creative; and (v) take full responsibility for such User Volunteered Data collected, including but not limited to, maintaining the accuracy, opt-outs, and any and all other legal obligations related to the User Volunteered Data, including complying with the CAN-SPAM Act of 2003 and any other relevant regulations globally. For the purposes of this Agreement, “User Volunteered Data” is personally identifiable information collected from individual Consumers through an Advertisement during delivery of an Advertisement pursuant to an Insertion Order or Airnow Monetization’s web interface, where it is expressly disclosed to such individual Consumers that such collection is solely on behalf of Advertiser.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant to Airnow Monetization that: (i) you have the right and authority to publish and display the Advertisements and to grant the rights granted herein; (ii) your performance under this Agreement will not violate any agreement or obligation between you and a third party or any applicable law, ordinance or regulation or cause Airnow Monetization to be in violation of any agreement or obligation between Airnow Monetization and a third party or any applicable law, ordinance or regulation; (iii) your use of Consumer Data will not cause Airnow Monetization to violate any provision of Airnow Monetization’s Technology Privacy Policy nor violate any requirement in sections 5, 6, 7 or 8 in regards to Consumer Data; and (iv) the Advertisements provided by you do not now nor will in the future infringe upon or violate any Intellectual Property Right (as defined below) of a third party, including but not limited to any patent, copyright, trademark, trade secret, trade dress, mask work, moral right, right of attribution or integrity or other intellectual property rights (collectively, “Intellectual Property Rights”) or non-proprietary right of any third party or violate Airnow Monetization’s Acceptable Use Policy (v) the Advertisements, ad tags and technology provided by you do not violate any applicable third party policies, including but not limited to, third party platform policies (such as Google Play and Apple, as applicable); (vi) any ad tags or other technology provided does not (A) contain any virus, malware, or other harmful component or (B) collect any data beyond what is expressly agreed to by Airnow Monetization under this Agreement and an Insertion Order and is not in violation of Airnow Monetization’s Technology Privacy Policy or any applicable industry standards. Finally, you represent and warrant that you have not suffered any actual, probable or reasonably suspected breach of any safeguards or of any other actual, probable or reasonably suspected unauthorized access to or acquisition, use, loss, destruction, compromise or disclosure of any information maintained on any of your systems (“Security Breach”), or if any of your systems has suffered one or more Security Breaches, you have fully disclosed each such Security Breach to Airnow Monetization.

10. PAYMENTS

(a) General. You will pay Airnow Monetization the fees and other compensation set forth in the applicable Campaign(s) established through Airnow Monetization’s Site or through an applicable insertion order(s) executed by you and Airnow Monetization (each, an “Insertion Order”). All fees and charges listed on the Site, an Insertion Order or this Agreement are in United States Dollars (“USD”). Airnow Monetization may modify its fee structure including then-current minimum bid levels at any time upon notice to you, which notice shall be communicated either through a posting on the Airnow Monetization website, revised Insertion Order, or via email. Late payments will begin to incur weekly compounding interest of 1% per each week of each late payment amount plus any reasonable expenses, including attorneys’ fees and costs incurred in collecting overdue amounts. In case of early payment, 1% discount will be compounded for each week of early payment.

(b) Campaign Charges; Payment; Click Disputes. All Campaign charges will be calculated solely based upon Airnow Monetization’s records. No other measurements or statistics of any kind shall be accepted by Airnow Monetization or have any effect under this Agreement. If you dispute any charge made in connection with a Campaign, you must notify Airnow Monetization in writing within fifteen (15) days of any such disputed charge (“Notice“). Airnow Monetization will review and resolve such disputes in its sole discretion. If you fail to provide Notice, you waive any claim relating to the disputed charge.

(c) Campaign Limits. You may set Campaign limits through the Services, including a cap on the amount of money available for a Campaign. Once the capped levels or amounts stated in the Campaign have been reached, Airnow Monetization will use commercially reasonable efforts to suspend delivery of Advertisements.

(d) Pre-payment. You must maintain a positive cash balance in your Account in order to initiate and maintain a Campaign. Your Account may be funded via credit card, check, wire transfer or Automated Clearing House (“ACH”). Airnow Monetization reserves the right to restrict access of any aforementioned payment method to you, or place limits on the use of a particular payment method. The minimum starting balance for an Account is $500 (USD). Charges in connection with the Service will be deducted from your Account balance until the balance is exhausted. If your Account balance is exhausted, your participation, including the continuation of any ongoing Campaign, will be paused or terminated without notice. You may at any time replenish or add to your Account balance in pre-payment blocks of at least $100 (USD). You may check your Account balance at any time via the Site. Campaign charges are generally posted to Accounts within 24 hours following the delivery of an Advertisement, but may sometimes take longer depending on the circumstances.

(e) Auto Funding Service. Airnow Monetization offers a service that enables you to fund your Account when it reaches a certain minimum balance (the “Auto Funding Service”) as a convenience to prevent you from running out of funds and to maintain continuity in its advertising Campaigns. To be approved for the Auto Funding Service, you must provide Airnow Monetization with a signed Auto Funding Service authorization in the form provided by Airnow Monetization. To access the form, please contact sales@airnowmonetization.com. Airnow Monetization reserves the right (without the obligation) to terminate your participation in the Auto Funding Service after at least 6 months of inactivity.

(f) Dormant or Inactive Accounts. Subject to applicable law, if there have been no transactions with your Account for at least 6 months (or, if greater, the minimum period allowed by applicable law), then Airnow Monetization reserves the right to deduct a monthly administrative fee of up to $20 (or the maximum amount allowed by applicable law) to keep your Account open. If, after the period set forth under applicable law, there have been no transactions with your Account and Airnow Monetization cannot reach you at your email address on file, Airnow Monetization may terminate your Account and report and remit the remaining funds as unclaimed property.

(g) Taxes. You are responsible for all applicable taxes, duties or other charges, including sales or use taxes, imposed by any federal, state, or local governmental entity on the Service furnished by Airnow Monetization under this Agreement, except for taxes based on Airnow Monetization’s net income, gross revenue, or employment obligations. If Airnow Monetization is obligated by applicable law or regulation to collect and remit any taxes relating to the Service, then Airnow Monetization may deduct the appropriate amount from your Account.

(h) Pausing or Deleting a Campaign. To avoid future Account charges, you must log on to the Site and follow Account procedures to pause or terminate a Campaign. Until you or Airnow Monetization have paused or terminated your Campaigns, you will be responsible for all charges incurred in connection with your Campaigns, including charges incurred during the twenty-four hour period following such pause or termination in order for such action to take effect. You will also be responsible for all reasonable expenses (including attorneys’ fees) incurred by Airnow Monetization in collecting delinquent, withheld or rescinded amounts.

11. SUBMISSIONS

You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Airnow Monetization, the Site or the Service (collectively, “Submissions”). Submissions, whether provided to Airnow Monetization by email or otherwise, are non-confidential and will become the sole property of Airnow Monetization. Airnow Monetization will own exclusive rights, including all related intellectual property rights, and will be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. INDEMNIFICATION

(a) Indemnification. You will defend, indemnify and hold harmless Airnow Monetization, its affiliates, independent contractors, service providers and consultants, and its and their respective directors, officers, employees and agents, from and against any third party claims, suits or actions and any resulting damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Site or the Service; (ii) your violation of any terms of this Agreement; (iii) your collection, use or disclosure of Consumer Data, including User Volunteered Data; or (iv) any alleged or actual infringement, violation, or misappropriation of any Intellectual Property Rights or non-proprietary right, by you, your agents or representatives related to any Advertisement or other content provided by you. This provision may not apply to New Jersey residents.

(b) Procedure. Airnow Monetization will provide you prompt written notice of any such claim and such information and assistance as you may reasonably request to help you defend such claims; provided that you pay or reimburse all of the costs and expenses reasonably incurred by Airnow Monetization in connection with any assistance requested by you under this Section. You will not have any right to settle any such claim without Airnow Monetization’s written consent, if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of Airnow Monetization or otherwise requires Airnow Monetization to take or refrain from taking any material action (such as the payment of fees). Airnow Monetization will have the right to approve the counsel selected by you for defense of any such claim, which approval will not be unreasonably withheld. Airnow Monetization may, at its option and expense, participate in, or take control over, the defense of any such claim and, in such event, you will provide such authority, information and assistance related to such proceeding as Airnow Monetization may reasonably request to protect Airnow Monetization’s interests. You will maintain such insurance policies (including, without limitation, commercial liability insurance, professional liability and technology errors & omissions liability insurance, internet insurance and statutory workers’ compensation insurance) as may be sufficient to protect you against all applicable risks. You will provide Airnow Monetization with certificates of insurance and other supporting materials as Airnow Monetization may reasonably request to verify your continuing compliance with the preceding sentence.

13. ARBRITRATION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14. DISCLAIMER

THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AIRNOW MONETIZATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE AND THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. AIRNOW MONETIZATION DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE AIRNOW MONETIZATION ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE AND THE SITE SAFE, AIRNOW MONETIZATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE AND THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD OR USE. THIS PROVISION MAY NOT APPLY TO NEW JERSEY RESIDENTS.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL AIRNOW MONETIZATION, ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE OR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM AIRNOW MONETIZATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AIRNOW MONETIZATION’S RECORDS, PROGRAMS OR SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AIRNOW MONETIZATION, ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND ITS AND THEIR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE OR TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500 (USD)). THIS PROVISION MAY NOT APPLY TO NEW JERSEY RESIDENTS.

16. CONFIDENTIALITY

Confidential Information means any non-public information disclosed by Airnow Monetization, whether or not marked (if not so marked, is of a nature or disclosed under circumstances that a reasonable person would recognize such information as confidential), including, without limitation, the terms of this Agreement including any Insertion Orders and Campaign details, the publishers in Airnow Monetization’s network, the contents of the Site, individual contact information provided by Airnow Monetization, information regarding Airnow Monetization’s marketing, plans, products, services, and technical environment. You agree to protect Confidential Information in the same manner as you protect your own (but using no less than a reasonable degree of protection) and shall only disclose Confidential Information to those with a need to know that information, who have agreed in writing to be bound by terms at least as protective as those contained in this Agreement. The restrictions in this paragraph will not apply to Confidential Information if (i) available to the public other than by a breach of a confidentiality obligation or other wrongful act by you or a third party, (ii) rightfully received from a third party not in breach of a confidentiality obligation and who has otherwise not wrongfully obtained the Confidential Information, (iii) independently developed by you without use of or reference to the Confidential Information of Airnow Monetization; (iv) known to the you at the time of disclosure (other than under a separate confidentiality obligation); or (v) produced in compliance with applicable law or court order, provided that Airnow Monetization is given reasonable advance notice of the obligation to produce Confidential Information and you use diligent efforts to limit such disclosure and assist Airnow Monetization to obtain a protective order or otherwise seek confidential treatment. Airnow Monetization shall be entitled to seek injunctive or other equitable relief for breach of the confidentiality obligations herein. Such injunctive or equitable relief shall not be the exclusive remedy for any breach of confidentiality, but shall be in addition to all other rights and remedies available at law or in equity.

17. TERMINATION

Notwithstanding any of the terms of this Agreement, Airnow Monetization reserves the right, without notice and in its sole discretion, to (i) terminate your right to access or use the Site or Service or (ii) block or prevent your future access to, and use of the Site or Service. Airnow Monetization may also discontinue the Site or Service at any time, in which case this Agreement shall terminate automatically without notice.

18. MISCELLANEOUS

(a) Independent Contractors. The Parties and their respective personnel are and shall be independent contractors and neither Party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.

(b) Amendment. Airnow Monetization reserves the right to change or modify any of the terms and conditions contained in this Agreement or applicable policies at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Service following the posting of changes or modifications will confirm its acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and applicable policies from time-to-time to understand the terms and conditions that apply to its use of the Site and Service. If you do not agree to the amended terms, you must stop using the Site and Service.

(c) Assignment. You may not assign this Agreement or any right, interest or benefit under this Agreement without prior written consent of Airnow Monetization. Any attempted assignment in violation of the foregoing will be void. Subject to the foregoing, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by any permitted assignee.

(d) Severability. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

(e) Nonwaiver. Any failure by Airnow Monetization to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and shall remain in full force and effect.

(f) Survival. The respective rights and obligations of the Parties under Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, and 18 shall survive any termination or expiration of this Agreement.

(g) Force Majeure. If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

(h) Entire Agreement. This Agreement, including any Insertion Orders that may have been executed by and between you and Airnow Monetization, constitutes the complete and exclusive statement of all mutual understandings between the Parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written. In case of any discrepancy between this Agreement and the Site Terms, this Agreement shall prevail. In the event of any discrepancy between this Agreement and any Insertion Order, such Insertion Order shall prevail provided that it explicitly seeks to amend a specific term of this Agreement.

Questions?

If you have any questions or concerns regarding anything in this Policy, please contact us directly.

Get in Touch

Airnow Monetization Blog

View all
Remote Working

Offline coaching for remote companies – can it work?

Author

Airnow

Date

04/09/2019

Working From Home png

How we try to create an amazing remote company

Author

Airnow

Date

03/09/2019

Hitchhikers Guide

The Hitchhiker’s Guide to Remote Tools

Author

Airnow

Date

28/08/2019